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City Council Minutes 08-24-1981MINUTES REGULAR MEETING - MONTICELLO CITY COUNCIL August 24, 1981 - 7:30 P. M. Members Present: Arve Grimsmo, Fran Fair, Phil White, Dan Blonigen, Ken Maus. Members Absent: None Citizens Comments: Members of the Monticello Slow Pitch Softball League again appeared be- fore the council requesting financial help from the city in regard to improvements to the NSP Ball Park outfield facilities. At the previous council meeting, the Softball Association had requested that the city consider authorizing approximately $6,000 in improvements consisting of black dirt and sod for the out field areas of the ball diamonds located at the NSP Park. At that meeting, the council requested that the Softball Association obtain more information as to the exact quantities and estimated costs of improving the ball park facilities and report back to the council. The only information available at this time was that it was estimated that ap- proximately 9500 square yards of sod would be needed to resod one outfield area in one of the ball diamonds. The association had indicated that black dirt has been lined up by the group for the ball diamonds and all that would be needed would be sod from the city. Based on 9500 square yards, the cost could range anywhere from $4000 to $4500. The council discussed the alternatives available including seeding of the outfield area rather than sodding, which they felt would be much cheaper and still provide adequate playing surface next year. It was the majority concensus of the council that the association should get more facts in regard to the actual quantities of grass seed, etc., that would be needed for seeding the outfield area and that the city could provide sludge from the Wastewater Treatment Plant for fertilizer at the site. Once the exact figures are available in regard to the amount of the seed that is necessary, the council would consider this expenditure at the next scheduled meeting. - 1 - Council Minutes - 8/24/81 1. Public Hearing on a Variance to Erect Two Billboards - Travelers Advertising Company. Mr. Ray Galarneault, president of Travelers Advertising Company, requested a variance to be allowed to erect two (2) outd000r adver- tising signs on Lots 9 and 11 of Thomas Industrial Park. Currently, there are two billboards that exist on the lots in ques- tion, which are owned by Blocher Outdoor Advertising Company of St. Cloud and Mr. Galarneault requested that since the lease of the land owner to Blocher Advertising Company has expired, Mr. Galar- neault requested that he be allowed to replace these two existing signs with two new signs owned by Travelers Advertising Company. Mr. Galarneault indicated that Blocher Advertising Company had pre- viously been granted a similar type variance for replacing their older structures with new single pole billboard signs, but it was noted that this request was different in that the two new requested signs would be owned by a completely different company rather than replacing existing signs owned by the same company. The Planning Commission at their last meeting on a split vote recom- mended that the variance be denied based on the fact that the city ordinances were intended to amortize out billboard signs over a reasonable period of time. Council members opinions varied on whether the amortization of all billboard signs over a period of time would actually be beneficial to the city and travelers along Highway 94, and some members of the council felt that although limits should be placed on the erection of new signs, the number of existing signs currently situated along the freeway is presently acceptable. Although some members were in favor of allowing a certain number of signs to remain along the free- way, all supported the present city ordinances which would require removal of existing billboard signs once a better use, such as a building is found for the property. Since the actual number of billboard signs would not be increased within the city limits, a motion was made by Maus, seconded by White to approve the variance request to erect two billboard signs on Lots 9 and 11 of Thomas Park to replace the existing two signs owned by Blocher. Voting in favor: Maus, White, Blonigen. Opposed: Fair and Grimsmo. This variance request was therefore denied since a 4/5's vote requirement is needed for approval. - 2 - Council Minutes - 8/24/81 2. Public Hearing on a Setback Variance - Bondhus Corporation. Previously, the Bondhus Corporation had received approval from the Planning Commission to construct a warehouse within 22 feet of the front property line as opposed to the 40 foot front yard set back normally required. When the building structure was started, the building foreman, Rick Farnick, inadvertently moved the structure to within five feet of the front yard property line. Mr. Farnick, representing Bondhus Corporation, requested that the council grant the variance to allow the structure to remain within five feet of the property line. The Planning Commission at their last meeting approved the variance request to build the building within five feet of the property line due to the conf iquration of the lot and surrounded by the railroad tracks to the south and the highway to the north, and noted that any development to the west of this proposed building would still be on the Bondhus Corporation property itself. It was also noted by the Planning Commission that any other development by surrounding property owners would not be affected by the location of this building due to the highway and railroad locations. The council members discussed what effects the location of the build- ing within five feet of the property line might have on the right- of-way of County Road 75, should this road be developed into a four lane highway. John Badalich, city engineer, noted that although the road right-of-way is 100 feet wide, normally there would not be any problem with a building being located five feet from the right-of- way line, but the possibility exists that a slope easement may be necessary with a four lane highway which might interfer with the location of the proposed building. Motion was made by Fair, seconded by White to approve the variance request to allow the warehouse to be within five feet of the front property line contingent upon a covenant being placed upon the vari- ance that would require the property owner to be responsible for removing or moving the building should any encroachments be necessary because of development of a larger or wider highway. Voting in favor was Fair, White, and Maus. Opposed: Grimsmo and Blonigen. The motion for approval therefore, was denied for lack of a 4/5's vote. - 3 - Council Minutes - 8/24/81 3. Consideration of an Ordinance Amendment and Conditional Use for a Horse Arena/Little Mountain Riders. Representatives of the Little Mountain Riders, a horse riding club, requested that the ordinances be amended to allow a horse arena as a conditional use within an R-3 zone. The proposed area of the horse arena is on the Maurice Hoglund property immediately east of Curt's Sales and Storage on West County Road 75. Since this area is cur- rently zoned R-3, it was necessary for the council to consider an ordinance amendment that would allow such a use in a residential zone. Currently, a horse arena is only allowed as a conditional use in an agricultural area provided the arena or building is located a mini- mum of a 1,000 feet from any residential, commercial, or industrial zoned property. Mrs. Peggy Stencel of Rogers, Minnesota, speaking for the Little Mountain Riders indicated to the council that the group had looked at other sites including property owned by Northern States Power Company, but noted that NSP is reluctant to allow groups to use their property for such purposes due to its proximity to the nuclear plant. In addition, the group felt that Mr. Hoglund's property was more suited for this type of use in that traffic would not have to travel the entire length of the city but could exit off of I-94 on the eastern edge of the city. Mrs. Stencel also noted that the arena, as proposed,would be 850 feet from the nearest residential home and that the arena could be placed an additional 150 feet further away to meet the 1,000 foot minimum required. It was also noted that the group would only plan 2 or 3 events per year that would involve other horse clubs and that approximately only 100 people would attend these events which she felt would not create any parking or traffic problems. Mr. Chuck Ballard, resident of the area, presented a petition signed by 31 property owners in the area indicating opposition to the estab- lishment of the horse arena in this location. Mr. Ballard felt that a horse arena in this area was totally incompatible with the resi- dentially zoned comprehensive plan and felt that the use was not suitable for any area within a city limit. In addition, Mr. Ballard felt that a horse arena complex could possibly devalue his property and would also create traffic hazards along County Road 39 especially with a large number of slow moving horse trailer vehicles. Dr. Dave Bauer, property owner in the area, was also against the arena as proposed and also felt that a horse arena would not be con- ducive to the present type of development that has occurred in the area and that the council should respect the wishes of the property owners over the weekend use by non -property owners that would result if the arena were located there. Motion was made by White, seconded by Maus to deny the issuance of a conditional use permit and an ordinance amendment to allow a horse arena as a conditional use within an R-3 zone. Voting in favor was White, Maus, Grimsmo, Fair. Abstaining: Blonigen. - 4 - Council Minutes - 8/24/81 4. Consideration of a Conditional Use Permit for a Planned Unit Develop- ment - Country Club Manor - Second Addition - Marvin George Builders. Mr. Marvin George, of Marvin George Builders, requested approval for his development and final plan stages of his Planned Unit Development for 26 -four unit townhouses proposed as part of the Country Club Man- or, Second Addition. The proposed layout of the Planned Unit Development was previously approved by the Planning Commission at their last meeting. Mr. George indicated that the tentative time table for the development of all 26 -four unit townhouses is estimated at 5 to 10 years. Mr. George indicated at the beginning of the development stage that two rows of Scotch pine trees would be planted along the freeway as a buffer zone according to the landscaping plan provided. In addition, a Homeowners Association Agreement relative to maintenance of the common areas in- cluding the proposed cul de sac streets would be provided. Hearing no comments, a motion was made by Maus, seconded by Fair and unanimously carried to approve the conditional use permit request for the Planned Unit Development on both the development and final plan stages contingent upon review and approval of the Homeowners Associa- tion Agreement by the city attorney, the planting of two rows of Scotch pine trees along the freeway as a barrier prior to any issuance of a building permit,, and provided the interior streets and cul de sacs be completed with proper drainage and pavement prior to any townhouse certificate of occupancy being granted. 5. Consideration of Approval of a 3.2 Beer (Non -Intoxicating Malt Liquor) License - St. Henry's Catholic Church. St. Henry's Catholic Church requested a temporary 3.2 Beer License for their fall festival scheduled for September 20, 1981. In previous years, the church has requested a temporary one day 3.2 Beer License for their fall festival which lasts from 12:00 noon to 6:00 P.M. Motion was made by Fair, seconded by Blonigen and unanimously carried to approve the issuance of a 3.2 Beer License for St. Henry's Catholic Church for September 20, 1981. - 5 - Council Minutes - 8/24/81 6. Consideration of Change Orders #11 thru #14 with Paul A. Laurence Construction Company on the Wastewater Treatment Plant. John Badalich, city engineer, reviewed with the council four change orders that were recommended as part of the Wastewater Treatment Plant construction project. The four changes orders were as follows: TlPgr1?TVTTnM CHANGE #11 Deletion of pipe mounted sludge density sensor, transmitter, and indicator (De- vices 45 AE,AR,AI). Sampling frequency requirement for thickened sludge can (Deduction of adequately be achieved by manual collec - $3,911.00) tion and lab analysis. #12 Contract time extension due to labor union strike from May 18, 1981 thru Additional June 22, 1981. 34 days. #13 Furnish and install sewage samplers in- cluding controls, pumps, piping, etc., to provide 24 hour flow proportionate samples Additional as required by MPCA and the NPDES permit. $14,214.00 #14 Revision of the sludge truck loading station to allow direct connection of the sludge truck to the discharge line. This revision provides better operational Additional flexibility for the operators. $430.00 It was noted by Mr. Badalich that all of the changes would be sub- ject for reimbursement from the Minnesota Pollution Control Agency and the EPA as part of the grant program. As a result, the City of Monticello would incur an additional 100 of this amount of approxi- mately $1,073.30. Motion was made by Blonigen, seconded by Maus and unanimously carried to approve change orders #11 thru #14 with the Paul A. Laurence Com- pany on the Wastewater Treatment Plant construction resulting in an additional $10,733.00 to the contract. 7. Liquor Store Report for the Six Months ending June 30, 1981_ The City Council reviewed with the Liquor Store manager, Mark Irmiter, the financial statements for the first six months ending June 30, 1981. It was noted that overall sales were up approximately $42,000.00 or almost 12% over the same period of 1980, but that the operating income was down almost 1% overall. It was explained by Mr. Irmiter that the operating income was percentage wise lower than the previous year due to a lower gross profit markup. Mr. Irmiter noted that the gross profit percentages will be looked at and that a possible adjustment will be made to increase the gross profit percentages for the balance of the year. - 6 - Council Minutes - 8/24/81 No other action was taken by the council other than review of the liquor store statements as presented. 8. Consideration of Authorization to Apply for Grant Amendment on the Wastewater Treatment Plant. As part of the Wastewater Treatment Plant construction, Waldor Pump Company of Minneapolis is a subcontractor to the general contractor, Paul A. Laurence Company. Waldor Pump Company proposed to supply and install pumps that were not acceptable in the opinion of the consulting engineering firm of Orr-Schelen-Mayeron & Associates. As a result, the engineering firm directed the general contractor, Paul A. Laurence Com- pany, to provide alternate pumps that would satisfy the contracts speci- fications. As a result, Waldor Pump Company has filed an appeal to the Minnesota Pollution Control Agency and the EPA requesting that their pumps be acceptable for this project. Because of this appeal process, legal fees, technical costs, and other possible change order costs relative to the contract with Paul A. Laurence Company may be incurred by the City of Monticello and the engineering firm of OSM. John Badalich, city engineer, requested that the City of Monticello send a letter to the Minnesota Pollution Control Agency notifying them of a possible claim by Waldor Pump Company as part of the Waste- water Treatment Plant project and to also apply for a grant amendment to cover the estimated legal fees and technical costs associated with the processing of this claim. Motion was made by Fair, seconded by Blonigen and unanimously carried to authorize the city engineer to prepare a grant amendment to be submitted to the EPA and PCA regarding the estimated legal fees and technical costs associated with the possible claim by Waldor Pump Company regarding the Wastewater Treatment Plant project. 9. Approval of Minutes and Bills for Month of August. Motion was made by Blonigen, seconded by Fair and unanimously carried to approve the bills for the month of August and the minutes of the regular meeting held August 3, 1981 as presented. 10. Consideration of Change Order on the 1981-1 and the 1981-2 Improvement Projects-- LaTour Construction Company. John Badalich, city engineer, informed the council that as part of the street work relating to the 81-1 and 81-2 projects, a 100% crushed Class 5 gravel was specified, whereas only Class 5 aggregate is necessary. - 7 - Council Minutes - 8/24/81 Mr. Badalich noted that a Class 5 aggregate that is necessary is approximately $2.00 a yard cheaper and as a result recommended that a change order be approved with LaTour Construction Company on the 81-1 and 81-2 projects that would result in a deduction of $9,310.00. Motion was made by White, seconded by Blonigen and unanimously carried to approve the Change Order #1 with LaTour Construction Company on the 81-1 and 81-2 Improvement Projects in the amount $9,310.00 deduct. Meeting adjourned. Rick Wolfsteyier Assistant Adfninistrator