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City Council Agenda Packet 08-09-1976t rt AGENDA L Regular Meeting of the Monticello City Council August 9, 1976 - 7:30 P.M. Mayor Con Johnson. Councilmen: Denton Erickson, Stanley Hall. Dick Martie, Gene Walters. Meeting to be taped. Citizen Comments. 1. Public Hearing - Sign Variance Request - Stuart Hoglund. 2. Consideration of Conditional Use Permit and Variance - James Teslow. 3. Consideration of Building Permit - Liquid Fertilizer Tanks - Centra Sota. Q. Petition for Annexation of Jim Boyle Development. 5. Consideration of Montiasippi Park Road. 6. Consideration or Ordinance Amendment Restricting Off Sale Non-7ntoxi.cati.ng Beer Licenses. 7. Naming of City Streets. A. Appointment ar Election Judges. 9. Approval of minutes - July 26, July 29, and August 2, 1976 10. Unfinished Inisi ness . 11. New business. Mailing to: Councilmen Don Grant - KRWC Don Smith Jay Miller John Badaltch Jim Boyle Jim Metcalf John Sandberg Stuart. Hoglund AGENDA SUPPLEMENT item I. Public Hearing - Sian Variance Request - Stuart Hoglund. Mr. Stuart Hoglund is requesting a variance from the provisions of Mont3.cel.lo's sig► ordinance relative to the height and square footage of a sign. Currently Mr. Hoglund is seeking a Best Western franchise and indicated one of their requirements would be their standard advertising sign (see enclosure) . Height of the proposed sign would be 60 feet and the square footage would be approximately 200 square feet According to Monticello Ordinances Section 10-3-9-(E)-2-13-(4), using; the "collector" road classification, a sign 24 feet high and 100 square feet would be allowed since the speed limit exceeds 45 m.p.h. At their July 20, 1976 meeting, the Monticello Planning Commission and Howard Dahlgren concurred that such a variance was reasonable and valid based upon the followi-ng: 1. Nature of motel business in that its clientele will be in most part from the ereeway. 2. Possibly a more liberal. reading of the ordinance would allow the sign requirements to fall under the "Freeway and expressway" category ai.nee this will be the principal, exposure area for the sign This category would allow a sign 30 feet high and 200 square feet and as a result a variance would only be necessary from the height restrictions. 3. Although a sign variance was denied a recent food operation, the Planning Commission felt that a motel is more dependent on the freeway than a food operation. Based upon these factors, the Planning Commission rerommended approval. POSSIBLE ACTION: After closo oC hearing, approval or denial, of request •. REFERENCES: Graphic sheet on sign. Item 2. Consideration of Conditional Use Permit and Varianen - James Teslnw. Background material on this agenda item Is included in the July 26, 1976 agenda supplement. As you recall, a decision was tabled at that time to consult with our city attorney on the matter as Mr. Tealow's attorney stated that his interpretation of the city's ordinance would v allow a used car lot as a permitted use in a B-4 zoning district. After reviewing the matter with our city attorney and again consulting with our city planner it was felt- a conditional use permit should be necessary. POSSIBLE ACTION: Approval or denial ofconditional use permit. REFERENCES: Agenda supplement 7-26-76, item I. Item 3. Consideration of Building Permit - Liquid Fertilizer'Tanks.- Centra Sota. Centra Sota has' applied for a building permit for two liquid fertilizer tanks and according to the city's ordinance, all building,permIts except for single family residential structures are to be approved by the city council. Jay Miller will be at Monday's meeting relative to this item. Ile did indicate some sort of dike should be contructed to prevent escape of the liquid, but he would recommend approval if this precaution were followed The fertilizer tanks are 20 feet high, 18 feet in diameter and ` hold 20,000 gallons. POSSIBLE ACTION: Consideration of approval or denial of request after further information from Jay is obtained. Item 4• Petition for Annexation of Jim Boyle nove.lopment. I have talked to Mr. Jim Boyle's attorney and he had indicated he will be present to request- annexation .into the city of Jim Boyle's 575 acro proposed development. Background material. relative to utility extensions and projected increased costs to service thin area were presented at the special meeting July 29, 1976. Procedure at this point would be for the city council to determine if such an annexation was in the brat .interests nP the city and If so, lire adoption Of a resolution requesting the area be annexed to the city. Thirt vesolutinn would be forwarded to the Minnesota Municipal Commission for a hearing to determine that the area is now or about to become urban or suburban in nature and the city is capable oP ,providing mervices to the area within a reasonable time. Hearing Is to be held .10 to 120 days after receipt of resoluti0n. -2- POSSIBLE ACTION: Consideration of resolution requesting annexation of this area. Council may want to consider a joint meeting with township relative, to this matter to obtain their input on the matter. Eventually the hearing scheduled by the Commission will necessitate a hearing notice be sent to the Township 'and County. REFERENCES: Engineer's Report, Projected Cost Increase Report. Item S. Consideration of Montissippi Park Road. In response to requests from citizens in the area of Hillcrest Addition, the city council agreed to review the residential traffic problem created by the bull field after games. Enclosed you will find a proposed layout for a road improve- ment for Nontissippi Park This particular road alignment t -o the ballfield was reviewed with the County, Mayor Johnson, Councilman Hall and myself and was chosen to be' situated along the western border of the park to avoid splitting up the park as much as possible. Although JohnBadalich may have a more complete report for Monday 6 night, listed below aro some of the details for the proposed improvements Total Length of Road Improvements: 6400 linear feet Coat Sharings Segment A City -SO% County— SO Segment 0 City --100% Segment C County -- 100Z Estimated Coat: City - $10,900 ($7000 was budgeted in 1976) County - $24,200 Completion: Fall 1976 Type of Road: 2" aggregaCo baso (cissa S), 32, roadway except for County portion that is ono' -way traffic, this would be 201. It should be noted that NSP has agreed to grant an easement Cor the portion of the road that .la not on county property Addition- ally, the present; road would be• abandoned and materials that could be used !from this road would be credited against the project. POSSTBW ACTION: Conalderation of motion to have OSM prepare plans and specifications fm, above project. It will be necessary, if plans and specificationa aro prepared to coordinate the bi.d letting with the county. Bids will be subject to approval or both pert.les and if awarded a joint contract will be formed. REFGBLNGES: Road layout plan. -3- Item 6. Consideration of Ordinance Amendment Restricting Off Sale Non,- Intoxicating on,Intoxicating Beer Licenses. At the July 12, 1976 meeting the city council inquired about the possibility of restricting off sale non -intoxicating liquor licenses. ,According to the statutes, there 'are no restrictions on the type of business establishments that may be issued an off -sale non-intoxicatingliquor license. However, the law does allow the council to limit licenses to any type it desires'. One distinct possibility may be to limit off sale licenses to any establishment that is operated primarily for the sale of food, beer, cigars, cigarettes, beverages and soft drinks Except for the addition of sale of food this would be the equiv- alent of the state statutes limiting the issuance of on -sale non -intoxicating liquor licenses. This would allow a grocery store for example to obtain an off sale license but not a gasoline station. POSSIBLE ACTION: Consideration of amending present ordinances to restrict issuance of off -sale non' -intoxicating liquor licenses. If an amendment• were to be approved I would recommend an effective date of July 1, 1977 as this is the date the present licenses expire. Item 7. Namin of Citv Streets. Due to annexation, there are many streets in the city without an appointed street name. When these.streets were in the town- ship some were assigned numbers and some were merely known as public, roads. This has created more than a little confusion at times and all unnamed streets should be assigned names. In order to get thin took completed, there is enclosed a map with proposed names for the streets. It was done, to a great extent, on an arbitrary basis and you may have additional. suggestions or comments. It should be pointed out• that an attempt was made to avoid similar names such as River Road or Hillerast Drive as streets with similar names already exist, Additionally, It, was felt if all states or president's names were used it may get confusing Merton Auger, the intern from St. Cloud State, has already worked out a house numbering system for the newly annexed areas and these •pan be assigned onve. street names are designated. f ac POSSIBLE ACTION: If council concurs, adoption of ordinance (state statutes require street name changes to be in ordinance form) to name streets per map with any desired changes. REFERENCES: Enclosed map. Item 8. Appointment of Election Judges. September 14-, 1976 is the State Primary Election and November 7, 1976 is the General Election day. It is necessary to appoint election judges at least 25 days before the election and the city can appoint judges now for both elections Listed below are electionjudges who have served in the past and also individuals who indicated they would like to serve: Ruth Harstad Betty Lund Lucille Clausen Herman Busch Lillian Walters Margaret Nimmo Mario Toenjes Mrs. H. C Wallin Verna Borchardt Colleen De Boer Fern Anderson Hazel Kotilinek Myrtle Haen Virginia Madsen Mrs. Glenn Matson Lonna Wol.fatellor ,( At least sixteen judges should be appointed to allow for possible abcaencen and to involve as many citizens, within reason, to be involved in the election process. POSSIBLE ACTION: Appointment of election judges. PROJECT Warming house Dog kennel Street lighting from I-94: into downtown and downtown lighting Residential, street lighting C-uilroad Crossing at Walnut Street Deputy Registrar Public Works Bill - grants Sixth Street Extension - le iquor Store Landscaping & Plantings - Liquor :Store and Maintenance Building r PROJECTS CURRENTLY IN PROGRESS' STATUS Scheduled for August 23 agenda Scheduled for August 23 agenda At, 5/24/76 meeting council. directed OSW to,prepare feasibility report. OSM is currently working on report. Scheduled for August 23 agenda Letter written ,5/2/76 requesting cost estimates -for crossing, since that time I have called at least,a half dozen times to obtain costs, answer is thoyfl.l, be ready in two reeks. I called again on 8/4/76 and they gave me an estimated cost of $75,000 to be paid by city. Burlington Northern Railroad- indicated final cost will be ready in two weeks. Waiting for approval, from' State. Talked to Economic Development Administration - and rules and regulations ready in 3 weeks. almost sure but not certain until rules come out whether final. plans and specs necessary with appli.catidn. Parr of 1976-1 Lmprovement"Project-wihl ,be completion •of 6t1% Street opening.gp an, additional entrance to our liquor store.. Scheduled for fall planting. PROJECT STATUS Blight Original survey indicated 40 letters sent to violators, second survey still had 9 violators remaining These 9 were sent registered letters 2 weeks ago to comply or the matter would be turned over to city attorney for prosecution, after 30 days. Signal Lights -.intersection Letter sent to State Highway Department,repuesting possibility of highways 25 & 75 of longer green light on Highway 25. Dutch Elm Disease Program Licnasan - have purchased chemical and injection equipment. Our tree inspectors have taken tests to become qualified. Use of chemical. application will take place next spring as August 15 is the latest effective date for its application. Trencher - Cost estimates on new trencher range from $2400 - $6000 Public Works Department is currently leasing a trencher for $55 a day (for 2-.3, days) to trench, several trees on boulevards and in the parks Results will determine success and if city may want to consider its own equipment. City Hall i . School decided not to accept offer for Oakwood. 2. Options obtained from Paterson, Laurl,ng A Ruff 3. Ronald Michaelis indicated he may consider selling parcel next to station - was going to let me know and give me a price. 4th Street Park Grading is completed. Hockey group is putting up hockey boards now Sod for bal.lfleld will be put in this fall along with playground area. Sprinkler .System - Parke St would appear only alternative is underground system. This item could be bid in March of 1977 to be ready for next summer. riderl,y.Housing Projects Minnesota Housing Finance Agency expects decision by late August. -2- PETITION THE UNDERSIGNED, being all of the owners of the property hereinafter described, which is located in the Town of Monti- cello, Wright County, Minnesota, hereby petitions the City Council of the City of Monticello and the Municipal Commission of the State of Minnesota to annex said premises to the City of Monticello: 1. The boundaries of said land or territory hereby sought to be annexed are as follows: Beginning at a point where the West line of Section 13, Township 121 North, Range 29 West, intersects with the Southerly right-of-way line of Interstate 94; thence Easterly and Southeasterly along the Southerly right-of- way line of Interstate 94 across said Section 13, and Section 18, Township 121, Range 24 West, to the inter- section with the Southerly right-of-way line of the Burlington Northern Railroad; thence Southeasterly along said Southerly right-of-way line of said railroad to the intersection with the East line of the Southwest Quarter of said Section 18; thence South along the East line of said Southwest Quarter to the South line of said Section 18; thence East 5 rods; thence South to the centerline of Wright County Road #118; thence Northwesterly along said centerline of said County Road to the inter- section with the East line of the Northwest Quarter of the Northwest Quarter (NW)s NWS;) of Section 19, Township 121 North, Range 24 West; thence North to the North line of said Section 19; thence West to the centerline of Wright County Road #118; thence Northwesterly along said centerline to its intersection with the East line of Section 13, Township 121 North, Range 25 West; thence North along said East line of said Section 13 to its intersection with the North line of the South One-half of the Northeast Quarter of the Southeast Quarter (ShNEhSE%), Section 13, Township 121 North, Range 25 West; thence Wast along the last described line to the center of Wright County Road #118; thence South to a point that is 208 feet North of the South line of said Section 13; thence West 208 feet; thence South 208 feet to the South line of said Section 13; thence West along said South line of said Section 13 to the West line of said Section; thence North along the West line of said Section 13 to the point of beginning and there terminating, containing 600 acres, more or less. Said premises can also be described as follows: All of that part of the premises hereinafter described that lies southerly of the southerly right-of-way of Interstate 941 Lots 10, 11, 12, 13, 14, 15, 16, 17, 10, 19, 20, 21, and 23, and the NN of Lot 22, all in Auditor's Subdivision No. 1 in Section 13, Township 121 North, Range 25 West, excepting therefrom one square acre in the southeast corner of said Lot 231 ALSO, Lot A of the SEk. Section 13, Township 121 ?-7,n- to / A L I-) North, Range 25 West, according to the plat thereof recorded in Book 1 of Sectional Plats Page 570; ALSO the Eby of the SW3-. and the SW4 of the SW: of Section 13, Township 121 North, Range 25 West; ALSO all of the Fractional W', of Section 18, Township 121 North, Range 24 West, lying southwest of the Great Northern Railway right-of—way, except that part of the SWC of the SW; of said Section 18 lying southwest of the Silver Creek and Hassan Road; ALSO all that part of the E� of the NW3-4 and of the West 5 rods of the NEh of Section 19, Township 121 North, Range 24 West, lying north and east of the Silver Creek and Hassan Road. 2. That the quantity of land within the boundaries above- described is approximately 600 acres. 3. That there are no residents residing upon said premises. 4. That there are no existing public facilities or services supplied to said premises. 5. That the names of all parties entitled to notice under Minnesota Statutes Annotated Section 414.09 are as follows: Montice'.lo Township; the County of Wright; any Board or Commission �. created by a joint powers agreement between the City of Monticello, the Township of Monticello, and the County of Wright, if any, and the City of Monticello. 6. The reason for requesting annexation of these premises to the City of Monticello is to obtain full municipal services for the premises, including, but not limited to, city streets, city water, city sanitary sewer, fire protection, police pro- tection, and garbage collection. (Police protection is presently being provided by the County of Wright, and fire protection by the City of Monticello under a contractual arrangement with the Town of Monticello). 7. That all of the above-described premises is within the area designated as in need of orderly annexation to the village (now City) of Monticello by order of the Municipal Commissi^n of the �S/tta�te of Minnesota, dated March 8, 1972. DATED: V �Y /6 1,�Lililt �. ll /IMMYCr�Lt.v)p - 2 - 1+ l ' J ^ Resolution No. RESOLUTION OF THE CITY OF MONTICELLO APPROVING THE ANNEXATION OF LAND TO THE CITY OF MONTICELLO WHEREAS, the City of Monticello has been presented with n Petition signed by all owners of real property located in the Town of Monticello, Wright County, Minnesota, to annex certain property to the City of Monticello, which property presently adjoins the corporate limits, of the City of Monticello, a copy of said Petition is hereto attached and made n part hereof to the same extent as if hereinafter set forth in full; WHEREAS, the City of Monticello has determined that it can fully serve said area with full municipal services and will immediately undertake to do so upon annexation of said premises according to the Engineer's Report dated July 26, 1976, prepared by Orr-Schelen-Mayeron S Associates; WHEREAS, the City has determined that said land is or is about to become an urban or suburban character and the City is capable of providing city streets, city water, city snnitary sewer, police protection, fire protection and garbage collection with sufficient capacity to make said services uninterruptable and adequate for the future development of the entire area. NOW, THEREFORE, DE 1T RESOLVED, thnt the City of Monticello shall, and hereby does, approve of the Petition for nnnexntion and hereby agrees to annex the hereinafter described premises and to do any and all acts in furtherance in support of the same In order that the following described premises be annexed to the City of Monticello: The boundaries of said land or territory to be annexed nre as follows: Beginning at a point where the West lino of Section 13, Township 121 North, Range 29 West, intersects with the, Southerly right-of-way line. of Interstato 94; thence Easterly and Southeasterly along the Southerly right-of-way line of Interstato 94 across said Section 13, and Section 18, Township 121, Range 24 West, to the intersection with Cthe Southerly right-of-way line of the Burlington Northern Railroad; thence Southeasterly along said Southerly right- of-way line of said railroad to the intersection with the East line of the Southwest Quarter of said Section 18; thence South along the East line of said Southwest Quarter to the South line of said Section 18; thence East 5 rods; thence South to the centerline of Wright County Road #118; thence Northwesterly along said centerline of said County Road to the intersection with the East line of the Northwest Quarter of the Northwest Quarter (lm} NW}) of Section 19, Township 121 North, Range 24 West; thence North to the North line of said Section 19; thence West to the centerline of Wright County Road #118; thence Northwesterly along snid centerline to its intersection with the East line of Section 13, Township 121 North, Range 25 West;, thence North along said East line of said Section 13 to its intersection with the North line of the South One lialf of the Northeast Quarter of the Southeast Quarter (Sj NE3 SEJ), Section 13, Township 121 North, Range 25 West; thence West along the last described line to the center of Wright Cuunty Road #118; thence South to a point that is 208 feet North of the South line of said Section 13; thence West 208 feet; thence South 208 feet to the South line of said Section 13; thence West along said South line of said Section 13 to the West line of said Section; thence North along the West line of ( said Section 13 to the point of beginning and there �s terminating, containing 600 acres, more or less. Said premises can also be described as follows: All of that part of the premises hereinafter described that lies southerly of the southerly right-of-way of Interstate 94; Lots 10, 11, 12, 13, 14, 15, 16, 17, 18, 10, 20. 21 and 23, and the N} of Lot 22, all in Auditor's Subdivision No. 1 in Section 13, Township 121 North, Range 25 West, excepting therefrom one square acre in the southeast corner of said Lot 23; ALSO, Lot A of the SE3, Section 13, Township 121 North, Range 25 West, according to the plat thereof recorded in Book 1 of Sectional Plats Page 570; ALSO the Ej of the Sll} and the SW} of the SWj of Section 13, Town- ship 121 North, Rnngo 25 West; ALSO all of the Fractional W3 of Section 18, Township 121 North, Rnnge 24 West, lying southwest of the Great Northern Railway right-of-way, except that part of the SW} of the SWJ of said Section 18 lying southwest of the Silver Creek and Hassan Road; ALSO all thnt part of the Ej of the NW3 and of the West 5 rods of the NE} of Section 19, Township 121 North, Range 24 'Vest, lying north and east of the Silver Creek and ilassnn Road. Passed by the City Counci-1 this 9th clay of August., 1976 and unanimously carried. Z!:i. ,Jnhnson Mayor Al"f1;S'1': fury :cher City Administrator -2- ORR•SCHELEN•MAYERON BASSOCIATES, INC. Consulling Engineers Land Suiveyors August 6, 1976 Mr. Tom Johnson County Park Administrator Wright County Court House Buffalo, Minnesota 55313 Re: July 16th, 1976, Montissippi Park Road Cost Estimate Dear Mr. Johnson: Enclosed you find a revised cost estimate for construction of gravel roadways within,Montissippi County Park, located in Monticello, Minnesota. These revisions came forth following our meeting on July 29, 1976 in Buffalo, Minnesota. To be consistent with previous County (` Park Road construction projects, Mr. Larry xeonig, County Engineer, suggested that only a two inch M.H.D., Class V aggregate base be constructed rather than the 4" aggregate base previously recommended on our orginial estimate. Also, our previous restoration costs included 4" of topsoil with the cost of seeding. It was agreed at the meeting that existing todsoil be used, as available on the jobsite, and bid the project with a seeding pay item only. Further, the contractor will not be required to carry a one year maintenance guarantee, as is usually specified under out contract specifications. With these modifications, our original cost estimate is revised as follows: ESTIMATE OF SURVEY COSTS Locate boundaries for descriptions and road location. 18 hours 3 man survey crew with S36/hr $ 648.00 2 days electronic distance measuring equipment 560/day 120.00 8 hours Registered Land Surveyor 530/hr 240.00 Total 6 1,008.00 Set Road Alignment and Construction Staking 8 hours Technician S16/hr $ 128.00 i 27 hours 3 man survey crew 536/hr 972.00 8 hours Regiaterod Land Surveyor 530/hr 240.00 Total 5 1,340.00 Total Estimated Survey Coat S 2,348.00 n�`l:'7f.•,1 jn•. ;r»r.�t•t •e �I:r...'�� i•..,.:, .-+sw :y.?r. :97•:;t �;.J:.? til: l S7•Cti,'D Mr. Ton JohLn Montissippi Park Road Cost Estimate Page 2 August 6, 1976 C Estimates for the construction costs of segment 'A", "B' and "C" are based on the following criteria (Revised 8-6-76): 1. 2" Aggregate Base (M.H.D. Class 5) 2. 32' roadway width for 2 way traffic 3. 20' roadway width for 1 way traffic 4. Restoration of excavated areas with seed only ESTIMATED CONSTRUCTION COST Seqment A Item Cost $ 8,040.00 950 1= Ging $1,930.00 340 tons Aggregate surface 935.00 35 l.f. Drainage Culverts 240.00 95 acreRestoration Clearing 240.00 1300 l.f. Obliteration of Old 300.00 Total Construction Cost 53,755.00 Seqment B 1450 l.f. Grading $2,960.00 515 tons Aggregate Surface 1,415.00 1.45 acre Restoration 365.00 Total Construction Cost $4,740.00 Seqment C Roadways Item Cost 4000 l.f. Grading $ 8,040.00 1240 tons Aggregate Surface 3,410.00 4.0 acro Seeding 1,000.00 50 treca Grubbing 1,000.00 50 troes Clearing 1,500.00 70 l.f. Drainage Culverts 840.00 Total Construction Cost $15,190.00 (" Mr. 'rom Jolson ;'D Montissippi Park Road Cost Estimate Page 3 August 6, 1976 C' Parkinq Areas 55,000 sq. ft. Grading $ 610.00 615 tons Aggregate Surface 1,690.00 Total Construction Cost $ 2,300.00 Total Segment C Roadways b Parking Areas $ 18,090.00 Total construction costs to be financed by the city of Monticello: 508 Segment A $ 1,877.50 1008 Segment B 4,740.00 Total (o/ V/7. J Total Construction costs to be financed by Wright County: 508 Segment A $ 1,877.50 1008 Segment C 18,090.00 Total $19,967.50 Assuming that the estimated survey costs would be prorated on the ratio of each construction cost to the combined construction cost, the total project cost to be financed by city and county would be as follows: City Cost - Total Construction Cost $ 6,617.50 (26%) Surveying 6 Staking 611.00 7 1/2 8 Engineering 496.30 Total Project Cost $ 7,724.80 County Cost - Total Construction Cost $19,967.50 (748) Surveying 6 Staking 1,737.00 7 1/28 Engineering 1.497.60 Total Project Cost $23,202.10 We hope the revised cost estimates meet the budgets set aside, for the improvements and that the project may be approved for N r` !-,r. -rom Jori z)n J Montissippi'Park Road Cost Estimate Page 4 August 6, 1976 bidding and construction this year. Please feel free to call for any additional questions you may have. Sincerely , ORR-S C HEL EN -MAY E RON ASSOCIATES, INC. John P. Badalich, P.E. City Engineer Monticello, Minnesota JPB/b 1 CC: Mr. Gary Pleiber City Administrator Monticello, Minnesota S•��1� /' IPl�1 P /1 + F-6-96 # -2- Listed below are electionjudges who have served in the past and also individuals who indicated they would like to serve: Ruth Harstad Betty Lund Lucille Clausen Herman Busch Lillian Walters Margaret Nimmo Marie Toenjes Mrs. H. C Wallin Verna Borchardt Colleen DeBoer Fern Anderson Hazel Kotilinek Myrtle Haen Virginia Madsen Mrs. Glenn Matson Lonna Wolfateller jilr,o+/..r-,a"+- Y- `J - JG ;T 3 0 ORDINANCE AMENDMENT The City Council of MonticclLo hereby ordains Ord.i.nanec Section 3-1-1 pertaining to places incligi.ble for beer licenses, Sub- section (C) be added as follows: (C) No off -sale license for non- toxicating liquors shall be granted for any premises except those that operate primarily in the sale of food, beet-, c.i.gars, cigarettes, beverages and soft drinks. ATTEST: Passed by the C.i t.y Counc i. 1 Otis gth day of Au6USL, 1976. C. O. Johnson Mayor Gary Wir_ber City Administrator (Amendment. S-15-75 #17). r49 L RESOLUTION DETERMINING THE NECESSITY FOR AND AUTHORIZING THE ACQUISITION OF CERTAIN PROPERTY BY PROCEEDINGS IN EMINENT DOMAIN WHEREAS, the city council has heretofore determined that the City of Monticello should construct sanitary sewer and wa termain to service Hoglund Addition, Monticello, Minnesota. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF MONTICELLO, MINNESOTA, AS FOLLOWS: 1. Acquisition by the city of the following described property is necessary for the purpose of extension of sanitary sewer and watermain to Hoglund Addition, Monticello, Minnesota: That part of Government Lots 1 and 2, Section 12, Town- ship 121, Range 25, Wright County, Minnesota described as beginning at a point on the south .line of said Section 12 distant 1,978 feet West, assumed bearing, of the southeast corner thereof; thence North 14 degrees 00 minutes 00 seconds East 1,008.5 feet to the Mississippi River; thence Northwesterly along said river 15.1 feet to the point of beginning; thence southwesterly 853 feet more or less to a point in the center of State Highway Number 152, said point is 625 feet from original point of beginning as measured along the centerline of said State Highway; thence northwesterly along said center- line 235 feet; thence northeasterly at right angle 730 feet to the Mississippi River; thence southeasterly along the edge of said river to the point of beginning. DESCRIPTION OF EASEMENT: A 60.00 foot permanent casement for public utility purposes over, under and across that part of the above described parcel. lying 30 feet on each side of the following described centerline: Commencing at a point, on the south line of said Section 12 distant 1,978.00 feet West, assumed bearing, of the southeast corner thereof; thence North 14 degrees 00 minutes 00 seconds East 687 68 feet to a point in the center of Mississippi Drive on the west .line of the record plat of Hoglund Addition; thence North 52 degrees 38 minutes 50 seconds Went 200.02 feet. to the easterly lino of the above described parcel. and tho point of beginning of the centerline to be described; thence continuing North 52 degrees 38 minutes 50 seconds West 243.44 feet to the westerly line of the above described parcel and said centerl.i,no there terminating. Together with a permanent casement for public utility purposes over, under and across that part of the above described parcel lying easterly of a line 10.00 feet westerly of and parallel with the following deBcribed Line A: Beginning at the point of beginning of the above des- cribed centevllne; thence South .52 degreeh 14 minutes 00 seconds West. aBsumed bearing, Along the easterly line of the above denva .bed pare ol. 21111.01) fret, and said. Line A there terminating. r. z-76 •l~ / And a temporary construction easement over, under and across that part of the above described parcel lying east- erly of a line 25.00 feet westerly of and parallel with the above described line, A and westerly of a line 10.00 feet westerly of and parallel with said Line A. Said temporary casement expires July 1, 1977. Said permanenet casements contain 16,600 square feet more or less. Said temporary easement contains 2,550 square feet more or less. 2. The city attorney is authorized and directed on behalf of the city to acquire the real estate above described by the exercise of the power of eminent domain pursuant to Minnesota Statutes, Chapter 117, and is specifically authorized to notify the owners of intent to take possession pursuant to Minnesota Statutes, Section 117.042. The city attorney is further authorized to take all actions necessary and desirable to carry out the purposes of this resolution. Adopted by the city council this 2nd day of August, 1476. J Iu er / i ATTEST C}7+j Administrator