City Council Agenda Packet 04-23-1979AGENDA
REGULAR MEETING - MONTICELLO CITY COUNCIL
April 23, 1979 - 7:30 P.M. r'
0
\` Mayor: Arve Grimsmo ® �� `• ��.'
/Councilmembers: Fran Fair, Ken Maus, Dan B3. n, Philip White.
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f �L.?? Y Meeting to be taped. Ur G'i 1
,/Citizens Comments.® 7-0
yL,oEtJ 2 (oA�tic., rJGry
i1. Consideration of Rezoning of Block LO of Original Monticello Plat
V/7. Approval of Bills for the Month of April, 1979.
8. Approval of Minutos - Regular Meeting of April 9, 1979.
Unfinished Business -
NowBusiness -
/Annual Annual League of Minn000ta Cities Conference - Juno 13-15, 1979.
/Board of Roview - May 10, 1979 - 700 P.M.
Aff f., tSM..+.,.. 0- i.
J�O,P T"411611 X9500.9ev
from R-3 to R-1 or R-2. L',(1 M. -I. I—, %06%:L L..N T,1, t(o 9acio
4Lw Il.•�:'0 of its 1. L@6 3-7 : uval
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Consideration of Change Order to Contact with Northdale Construction Q
on 1978-1 Improvement Project. 5(j jp tCI.4_ Ri -L&sr
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Corry}g�ideratior�,of Determination of Sanitary Interceptor Sewer Route.
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Y_ S Yoe S SAF ,tP(u%s►�
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Consideration of Approval of Fireworks ermit - Chamber of
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Commerce for July 4, 1979. AT(L L-9° , CA*� io C -A -j
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,5.
Consideration of Approval of Off -Sale, Non -Intoxicating Liquor
Liconae for Jon Hanson, DBA/Tom Thumb Superette. po,'e p
-/6.
Consideration of Approval of Award on Uninent Domain for Order
Issued by the 10th Judicial Court District.
V/7. Approval of Bills for the Month of April, 1979.
8. Approval of Minutos - Regular Meeting of April 9, 1979.
Unfinished Business -
NowBusiness -
/Annual Annual League of Minn000ta Cities Conference - Juno 13-15, 1979.
/Board of Roview - May 10, 1979 - 700 P.M.
Aff f., tSM..+.,.. 0- i.
J�O,P T"411611 X9500.9ev
a
MINUTES
REGULAR MEETING - MONTICELLO CITY COUNCIL
April 23, 1979 - 7:30 P.M.
Members Present: Philip white, Fran Fair, Dan Blonigen, hien Maus.
Members Absent: Arve Grimsmo.
Citizens Co`mnents -
Mr. Gene Carlson informed the Council that he intended to buy a house from
Harry Benson on East Broadway, and indicated that the garage on this
property is located half on Mr. Benson's lot and half on the neighbor's
lot owned by Kevin Olson. Mr. Carlson proposes to purchase part of
Mr. Olson's property so that the garage will be located all on his
lot and in exchange, will be giving Mr. Olson a portion of his rear
lot. As a result, the garage would then be all on Mr. Carlson's pro-
perty, but would be within 1' of the property line. Mr. Carlson wanted
it, as a matter of record, that he would not object to Mr. Olson some
day building a garage on his property, if the Council would approve the
variance allowing this garage to be on the lot line.
The question arose by the Council whether they would allow Mr. Olson in
the future to build a garage directly alongside of Mr. Carlson's garage
as there would be no access to the rear portion of either lot if
this would occur. It was also the Council consensus that this item
relating to the garage being on the lot line going to the Planning
Comnisoion for their recommordations prior to Council action.
Representatives of the Monticello Country Club requested that the Council
consider extending sower and water along County Road 39 to the Country
Club property since it would be available as part of the 1978-1 project.
John Badalich, City Engineer, informed both the Council and the Country
Club representatives that the water main now runs along County Road 39
all the way in front of the Country Club property, but that the sewer
stops about 700' short of the Country Club entrance. The reason for
the request by the Country Club was that they indicated they may be
developing the property abutting County Road 39 into residential Iota
and thought that the cost would be cheaper now than to wait until the
future to extend sower and water. Mr. Badalieh also stated that the
Country Club, when the 1978 project was proposed, indicated they were
not receptive to sewer and water because they wore uncertain as to
when they wore going to develop their property, and as a result, that
is why the sower does not extend all the way along County Road 39.
it wan recommended by the City Engineer that the Country Club decide
how they are going to plat their land before sewer is extended to the
property.
/3
v
Council Minutes - 4/23/79
The Country Club Board of Directors will be meeting to decide if the;
would like the sewer extended along County Road 39 and will be reporting
back to the Council within two weeks.
Mr. Ray Galernaut, with a St. Cloud advertising company, informed tho
Council for the go-ahead to make a presentation to the Planning Coamission
on possible changes in the City Ordinances in regards to signs and bill-
boards. Mr. Galernaut indicated that he will have a written summari-
zation of his presentation available prior to the Planning Commission
meeting. It was noted that there was no objection by the Council to
Mr. Galernaut's request.
1. Consideration of Rezoninq Block 10, Monticello, from R-3 to R-1 or R-2.
At the March 26, 1979 Council Meeting, the City Council was approached by
a group of citizens in Block 10 expressing concern over the possible
development of an apartment house in Block 10. At the time of the
request, the Monticello City Council requested that the Planning Commis-
sion hold a public hearing to consider rezoning Block 10 and also put
a moratorium on any building permit approvals for multiple family
dwellings in this Block until the issue could be resolved by loth the
City Council and the Planning Commission.
At the Public Hearing held by the Planning Commission April 17, 1979,
Mr. Ron White proposed to build a seven -unit apartment complex on
Lots 8, 9 s 10 of Block 10. His proposal met all City Ordinance
requirements in terms of lot size and square footage per unit. It was
brought out at the Planning Commission hearing that apparently many of
the owners in Block 10 were not aware of the fact that their area was
zoned for large multiple family dwellings, and requested that Some type
of restrictive zoning for single or two-family residential be implemented
in this area. The primary concern of the residents was not to stop
Mr. White from building his apartment, but to limit future and more
development of apartments in the area.
The Planning Commission voted unanimously to recommend that the present
zoning of R-3 remain, since it has been zoned that way for seven years
or longer and that to change it now just because a developer proposes
an apartment house may subject the City to a lawsuit.
Mr. Ron Peters again indicated that tho residents were not that opposed
to Mr. Whito's apartment house, but suggested that the South half of
Block 30 be rezoned to R-2 (single and two-family) to limit future
development of apartment houses. In reviewing the R-3 zoning in the
area, the Council discussed the possibility of rezoning not only the
South half of Block 10, but also Block 21 and the South half of Block 11
from R-3 to R-2. Except for the three lots proposed for an apartment
house by Mr. White, this would leave the area north of Sixth Street
in R-2 zoning. Since thoao other areas were not part of the Public
Hearing at the Planning Comnisuion level for possible rezoning, a motion
was made by Fran Fair, seconded by Ken Maus and unanimously carried to
lift the moratorium on multiple family dwelling building permits for
Lots 8, 9 c 10 of Block 10, but rocommondod that the Planning Commission
hold a public hearing to consider rezoning a larger area north of Sixth
Street from R-3 to R-2.
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ED
Council Minutes - 4/23/79
2. Consideration of Change Order to Contract with Northdale Construction
on 1978-1 Improvement Project.
As part of the 1978-1 Improvement Project, Northdale Construction Company
de -watered a large portion of Country Club Manor Plat to allow for the
installation of sewer and water. As a result of this de-waterinc, a large
amount of water built up on the north side of County Road 39 and went
through a culvert underneath the Burlington Northern railroad tracks
onto the School's property. Since this was a dangerous situation with
School children playing in the area, Northdale Construction alleviated
this problem by getting an agreement from the Country Club to allow
them to construct an open ditch along the south side of the railroad
tracks that eventually emptied into Otter Creek. Northdale Construction
is about at the point to repair this ditch and put the property back
in its previous shape, however, in looking at this ditch, it appears
that the open ditch could be beneficial to drain the area of F:ampa
Estates, Country Club Manor and a portion of the property owned
by the Country Club.
City Engineer, John Badalich, recommended that this open ditch remain
as part of the 1978-1 Improvement Project and indicated that Northdale
Construction would reslope the open ditch to the satisfaction of the
Country Club to approximately $3,800 to $4,000 extra. The Country
Club indicated that they would be agreeable to the open ditch romaining
since it would also be beneficial to the Country Club property.
The additional cost of improving this ditch would Igo part of the
1978-1 Improvement Project and would he assessed back to the tnnefitting
areas, including Country Club Manor and Kampa Estates. Mr. Badalich
indicated that he would be talking to the Department of Natural Resources
to got their okay on draining this area into Otter Creek and it was
decided by the Council to table any action on this until Mr. Hadalich
talks to the Department of Natural Resources and until an exact cost
figure can be obtained from Northdale Construction Company.
3. Consideration of Determination of Sanitary Sower Interceptor Route.
As part of the City's application to the EPA and Minnesota Pollution
Control Agency for grant moneys and updating the City's wastewater
Treatment Plant, it was necessary to build an interceptor sewer line
from the City's treatment plant to a point just north of the intersection
of Washington Street and Burlington Northern railroad tracks. As part
of Stop II in this process of obtaining grant moneys, the City Engineer
needs to determine the exact route that this interceptor line will cake
from the treatment plant to the intersection of Washington Street. City
Engineer, John Badalich, outlined five different alternate routes the
interceptor could take to reach Washington Street and the Burlington
Northorn Railroad tracks. One of the routes would go along County
Road 7; to Washington Street, and then south along Washington Street to
the railroad tracks. This route !wing the most expensive, would also
entail digging up Washington Street which has just been put in with
permanent streets. The other four alternativoo would take varioun routes
through the Monticello school property to got to Washington Street and
the railroad tracks.
E
Council Minutes - 4/23/79
Monticello School Superintendent, Shelly Johnson, recommended that alter-
native a5, which would run through the school property but would be closest
to the railroad tracks, would be more agreeable to the school district.
This alternative would require removing approximately 20 Oak trees for,
the sewer easement, but Mr. Johnson indicated that some of the other routes
would disturb the football field or track field.
It was the consensus of tl:e Council to ask the School Board for an ease-
ment using alternate route 05 and also to get an appraisal of the ease-
ment necessary for this sewer interceptor line and to present to the
Council at the next meeting.
4. Consideration of Approval of Fireworks Permit for the Chamber of Co=erce
July 4th Celebration.
The Monticello Chamber of Commerce requested that they be granted a permit
for a fireworks display on July 4, 1979. In the past few years, the
fireworks display has taken place at the Pinewood Elementary School, but
as a result of various improvements made to the School area and tho concern
for people parking on these improvements, the Chamber requested that tire
site of the fireworks display be moved tc the Oakwood Industrial Park.
The fireworks would be shot off at the Public Works Reservoir site and
would be done by the fire department.
Council members were concerned about the number of people that may come to
view the fireworks display and as a result, parking on private propos:y
owned by the industries located in the park. It was recommended by the
Council that the Chambur contact and get approval from the property owners
within the Industrial Park for this display and at least make them aware
of the fact that the display was going to take place in their area.
Motion was made by Fran Fair, seconded by Ken Maus and unanimously carried
to grant the Chamber of Commerce a fireworks display permit contingent
upon the Chamber notifying tho property owners in Oakwood Park of the
display.
5. Consideration of Approval of Off -Salo Non-Intoxieatinq Liquor License
for Jon Hansen, DBA/Tom Thumb Superetto.
Mr. Jon flansen, who is the owner of the new Tom Thumb Store in Monticello,
requested an off -sale non -intoxicating liquor license for his convenience
food store.
Motion was made by Dan Blonigon, uocondod by Fran Fair and unanimously
carried to approvo the non -intoxicating 3.2 boor license for the Tom
Thumb Store.
6. Consideration of Approval of Award of Eminent Domain for Order Issued
by tha Tenth Judicial Court District.
The Tenth Judicial Court District, in its report of the Commissioners,
liar Issued an order dated March 22, 1979, awarding the sum of $11,000 to
Harold Ruff, Phyllis Ruff and Ruff Auto Parts, Inc. rslativo to the
easement containing 6,410 square feet which the City had to obtain in
order to serve Country Club Manor with sewer and water. The edsrmwnr
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Council Minutes - 4/23/79
was also for roadway purposes in addition to utilities. It was noted
that either the Ruff's or the City could appeal this award, but as of
this date, no appeal has been filed by the Ruff's.
It was the consensus of the Council that no action would 1-.a takQn in
regards to an appeal since it would probably be more costly than the
award itself.
7. Approval of Bills.
Motion was made by Fran Fair, seconded by Dan Blonigen and unanimously
carried to approve the bills for April 1979, as presented.
(See Supplement 4-17-79 41).
9. Approval of Minutes.
Motion was made by Dan Blonigen, seconded by Fran Fair and unanimously
carried to approve the minutes of the special meeting of March 27th
and the regular council meeting of April 9, 1979, as presented.
9. Consideration of Approval of 3.2 Beer License for Monticello Softball
League.
The Monticello Slow -Pitch Softball League requested a 3.2 beer license
for their softball games during the summer from May 1979 to November 1979.
Motion was made by Fran Fair, seconded by Ken Maus and unanimously
( carried to approve the issuance of the 3.2 license contingent upon
payment of all past due bills of the League for latrine rentals.
10. Consideration of Attendance at Annual League of Minnesota Cities
Conference.
Motion was made by Fran Fiar, seconded by Dan Blonigen and unanimously
carried to authorize Gary Wieber and Arvo Grimsmo to attend the
Annual League meeting to be held June 13 through 15, 1979.
Meeting adjourned.
/r 1C�--
Rickwolfatoll;Zr
Asaiatant Ad.'iniatrator
RW/ns
hdrpn.- 7957711
M—. L.— 333 5739
Cif o�/v,nnEicelLo
250 L=ast Broadway
MONTICELLO. MN 55362
MEMORANDUM
TO: City Council Members o 1
FROM: Gary Wieber, City Administrator fz-()
DATE: April 30, 1979
SUBJECT: Board of Review
On April 26, 1979, I received a call from the Wright County
Assessor's office indicating that they would be willing to
sit down with the City Council, if they would like, to review
tl:e assessment of property in Monticello prior to the May 10,
1979 formal review board.
d In the past, the City Council has not had a prior review of
the property tax rolls in Monticello; however, this has been
the first time that the Wright County Assessor's Office has
offered to meet with the City Council beforehand. According
to the Wright County Assessor's Office, they would be willing
to most with the City Council almost .any evening, except
May 2 and May 3, when they have already previously scheduled
board of reviews.
In my opinion, while this information would be informative, I
do not believe it would be essential that a prior meeting be
hold. Normally, at the board of review, there have boon five
or six property owners concerned with the valuation of their
property. However, this number is growing in the past few years.
A special meeting could be called, according to our Ordinance, if
the Mayor or any two Councilmembere feel such a meeting would be
necessary, and a meeting data and notification be sot up.
Obviously, this would be an open meeting to the public.
For your information, I have enclosed a summary of the City board
of review. It should be pointed out that the purpoae of the board
of review is more to dotormino equalization of property values as
opposed to taxes.
Again, should any of the members of the Council or the Mayor desire
a special meeting, please contact me and one could be arranged.
I
l GW/no
ENCL. eDoma to /flonlcoffo little
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moeul/nin
47
711
c=Ifl0Iz&c LLL L.oUIz&y e uU, _I2c.
Box 682 JJ
Monticello, Minnesota 55362
City of Monticello
!.lonticelio, LIN 55362
RS: Extension of Sanitary Sevier
Dear 31rs:
Plense be advi3od as to the action taken by the Boo -d of
!lirectors of the Monticello Country Club on Anril 27, 1979.
! !7e are requesting an extension on the sanitary sewer line
1_ to annroximacoly the !Monticello Country Club access road.
-'Incerely,
MAa � 1
Me-rileo Sonju, Secretary
Monticello Country Club p y
City Council - April 23, 1979
AGENDA SUPPLEMENT
1. Consideration of Rezoninq of Block 10 of Oriqinal Monticello Plat from
R-3 to R-1 or R-2.
At their March 26, 1979 meeting, the City Council of Monticello was approached
by a group of citizens in Block 10 of Monticello and the surrounding area
expressing concern over the possible development of an apartment house in
Block 10.
At the time of the request, the Monticello City Council did inform the
concerned citizens that there was no specific zoning action that the
Council could take that evening. relative to rezoning; however, they did
take the following action:
A. Requested that the Planning Commission hold a hearing to consider
rezoning Block 10.
B. Put a moratorium on any building permit approvals for multiple family
dwelling units in Block 30 until the recommendation of the Planning
Commission came back to the City Council and the City Council took
final action.
As a result of the action by the City Council, a hearing was held by the
Planning Commission on April 17, 1979, and notice was properly publicized
and mailed to property owners within 350' of Block 10 to consider
rezoning the Block from R-3 (Medium Density Residential) to either
R-1 (Single. Family Residential) or R-2 (Single and Two -Family Residential).
Briefly, listed below are the types of residential units that are allowed
in the various districts:
R-1 - Single Family Residential Only.
R-2 - Single and Two -Family Residential with a four -unit family
residential allowed as a conditional use.
R-3 - Multiple Family Residential consisting of 12 units or less
on a permitted use basic, and over 12 units on a conditional
use basis.
It should he pointed out that the proposed developer in Block 10 is
Mr. Ron White, who has an option on Lots 0, 9 6 10 of Block 10
(sea enclosed map depicting area). Fee owner of this property is
Mr. Jamas Murray who has a house situated on Lot 10 of Block 10.
Mr. White is considering a proposal for a seven -unit apartment in
this area. This proposal would moot the City ordinance requirements
of lot size of 8,000 square foot for the first unit in an R-3, plus
2,000 for each additional ono -bedroom unit, or 2,500 square foot for
each additional two-bedroom unit. Proposed area is 32,670 square feat.
It should be noted that the property was zoned in 1972 as R-3. When ini-
tially zoned as an R-3, the original ordinance would allow multiple family
dwelling units in thin block as a permitted use, and the ordinance only
called for 5,000 square foot plus 1,500 square, feet per family, and as a
result, an 18 -unit apartment house could have boon put up without any
variances or conditional uoo permits providing that the Murray home was removed.
Council Agenda Supplement - 4/23/79
Apparently, many of the owners of property in Block 10 and the surrounding
blocks were not aware of the fact that this large a multiple family dwelling
unit could go up in Block 10. However, since the block has been zoned
R-3 for seven years, there is some concern to rezone the area now to R-1
or R-2 just because of a specific proposal could be construed as arbitrary
and capricious and could be subject to scrutiny.
Mr. White has been informed of the meeting and has been requested to bring
any plans and drawings he has relative to the project in order to allow
the City Council to make a better decision.
In talking to one of the property owners that was concerned about the
project, the indication was that possibly the neighborhood would not be so
concerned with the immediate development, but with future and more develop-
ments for apartments in the area. He had expressed concern with there
becoming all multiple family dwelling units. In this respect, it would
appear that there would not be the opportunity for another multiple
family dwelling unit unless another home or homes were removed. Addi-
tionally, it is somewhat by design that multiple family homes are
built within the same area as a result of zoning districts, and it is not
the intent of the City ordinances to have these haphazardly scattered
throughout the City of Monticello.
One additional factor to be taken into consideration on this decision is
that Lots 8, 9 s 10 do abut up against the railroad track on the north
side, and it would be pretty hard or almost impossible to utilize the
remaining lots not currently built on, that is Lots 8 6 9, since there
would be no direct access, unless a multiple family dwelling unit were
being planned for the entire three lots.
I have talked to both Howard Dahlgren, the City's Planner, and also Gary
Pringle, the City's Attorney, in regard to the zoning question. Advice
received from both of these gentlemen is that the City could be subject
to a lawsuit and possible damages if it rezoned an area somewhat after
the fact. That is, rezone a property to a lower density residential
after proposal for a multiple family unit was planned. Mr. Dahlgren fur-
ther indicated that one solution to safeguard against future multiple -
family dwelling units in Block 10 would be to rezone the south half of
Block 10 to a lower density residential ouch as R-1 or R-2. in thio
respect, Mr. White's property would still be allowed to he developed
as multiple family, but the remaining portion of Block 10 and Block P
would be safeguarded against future developments of this sort.
At their meeting of April 17, 1979, the Planning Commission voted unani-
mously (Fred Topol absent) to recommend that the present zoning of R-3
remain. Testimony and documentation for their reasoning behind this
decision is included in the Planning Commission Minutes of April 17,
1979, which are enclosed.
POSSIBLE ACTION, Consideration of rezoning any portion of Block 10
from R-3 to either R-1 or R-2. Additionally, a doci-
oion should be made to lift the moratorium that has
boon previously not for multiple family dwellings in
Block 10.
REFERENCESs April 17, 1979 Planning Commission Minutes, Map of
Area, Ron White's Plans which are available for review
at City Ilall.
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Council Agenda Supplement - 4/23/79
2. Consideration of Change Order to Contract with Northdale Construction on
1978-1 Improvement Project.
In the Fall of 1978, Northdale Construction de -watered a large portion of
the Country Club Manor Plat to allow the installation of sanitary sewer and
watermain. As a result of this de -watering, a large amount of water built up
on the north side of County Road k39 and went through a culvert underneath
Burlington Northern railroad tracks onto the School's property. Since
this was a dangerous situation with School children playing in the area,
Northdale Construction alleviated this problem by getting an agreement
from Monticello Country Club to allow them to construct an open ditch along
the south side of the Burlington Northern railroad tracks that eventually
emptied into Otter Creek. When this was done, the culvert underneath the
railroad track was plugged so as not to put any more water on the School
property.
Northdale Construction is about at the point to repair this ditch and
put the property back in the shape that it was and would be suitable
to the Country Club. However, in looking at this ditch, it appears
that this open ditch could be beneficial to drain the area of Kampa
Estates, Country Club Manor and a portion of the property owned by
the Country Club. The Country Club Board of Directors would approve
this ditch not being closed up provided that it was properly sloped
since it would be, at that point, a benefit to them.
Our Engineers, Orr-Schelen-Mayeron s Associates, have talked to Northdale
Construction, and they would be agreeable to eloping this open ditch for
an additional amount of approximately $4,000.
John Badalich has recommended that the City of Monticello approve of
maintaining this open ditch and sloping it properly to be agreeable with
the Country Club, since Mr. Badalich fools that it will save the City
money in the long run in order to properly drain the aforementioned
areas. Mr. Badalich further went on to indicate that he will be pre-
paring a report which will hopefully arrive in time to be sent out with
this Council Supplement, indicating the future cost savings to the City
of Monticello if the additional work on the ditch is completed.
Q It should be pointed out that Northdale Construction's coot on this project
is reduced by $2,500. The $2,500 figure is the coot that Northdale
Construction estimates that they would be liable for anyway since they
would havo to ultimately put the existing ditch back in proper shape.
Of course, if the Council does not approve of the change order with
Northdale Construction, the flitch will still have to be filled in
and put back in proper shape at no cost to the City.
It is further rocommended that the coot of improving this ditch to make
it a ewail typo of ditch would be put on the 1978-1 Improvement Project
and assessod back to Country Club Manor and Kampa Hatatoo. No asaoas-
mont is being proposed for the Country Club, itself, since they aro
in affect allowing the use of their land for the open swail.
Council Agenda Supplement - 4/23/79
Quite simply then, this is just a matter of turning a temporary ditch
into an open swail that will be beneficial to the surrounding area at
a very minimum of cost.
I have informed Country Club officials of the meeting on Monday night and
I am sure they will have representation here.
POSSIBLE ACTION: Consideration of change order with Northdale Construction
to turn the temporary ditch into an open drainage swail.
REFERENCES: Report from John Badalich.
3. Consideration of Determination of Sanitary Interceptor Sewer Route.
As part of the City's application to the Environmental Protection Agency
for 75% grant moneys and to the Minnesota Pollution Control Agency for
15% grant moneys for the updating of our present Wastewater Treatment Plant,
it is necessary to build an interceptor sewer from the City's existing
Wastewater Treatment Plant to a point just to the north of the inter-
section of Washington Street and the Burlington Northern railroad tracks.
There are three phases involved with the City's application for these
state and federal funds. Step I covers the comprehensive plan for sanitary
sewer or the facilities planning report. Step II, which the City is
currently in at this point, covers the preparation of plans and specifi-
cations for the treatment plant and the interceptor. Step III is the
actual construction. In Ctcp I, Jr. tl: facilities yidnu u,y rcpua't, tiw
interceptor sewor route between the City's existing wastewater treatment
plant and the point just north of Washington Street and the Burlington
Northern railroad tracks is indicated in going through the Monticello
School District's property. At that time, it was felt that this route
would be the boat by our engineers, although no specific cost estimates
were made for an alternate route.
As part of the Step II process that we aro currently in, our engineer
needs to determine the exact route, and as a result, has prepared coat
estimates on various routes, some which would go through the School's
property and another route which would go from the City's wastewater
treatment plant down County Road 075 to the intersection of Washington
Street and 075, and then in a southerly fashion to the point just north
of the intersection of the Burlington Northern railroad tracks and
Washington Street.
Preliminary discussion has taken place with Monticello School Superintendent
relative to obtaining an casement through the School's property for the
interceptor route. Shelly Johnson has brought this to the attention of the
attention of the School District and indicated that it might be a possi-
bility, and the School District was receptive to considering ouch an
casement depending upon the actual route. Enclosed, please find a proposed
interceptor sewer route through the School's property that has boon
recommended by our engineer, and on a preliminary basic, would be the
most preforrablo by School Superintendent, Shelly Johnson, in reviewing
varioue other routes through the School's property. Additionally, please find
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Council Agenda Supplement - 4/23/79
enclosed a cnst worksheet prepared by our engineer on five various routes
for the interceptor sewer. Please note that Route 01 would be utilizing
existing right-of-way of County Road 075 and Washington Street and would
not go through the School's property at all. Routes 2 through 5 are
various alternatives through the School's property, with Route 5 being
the one proposed at this point.
Route 5 was selected due to the following:
A. On a preliminary basis, most agreeable to the School District.
B. Approximately $90,000 less than going down Highway 075 and then
down Washington Street.
One question that was brought up was what compensation, if any, would be
forthcoming from the City to obtain the proposed easement. I indicated
to Shelly Johnson that the City's policy has been to have an appraiser
of its own determine the value of an easement and make this as the initial
offer to the landowner. I explained to him that the City, in the past,
had received easements for $1.00 and at the same time, had to pay other
property owners who chose to go through eminent domain, quite a substantial
bit more for the particular casements in question. However, I did mention
to Shelly that I was not sure how the Council felt about that specific
issue in light of the fact that the City would actually be obtaining an
easement from another taxing district, the School District, and the
City constitutes approximately 75% to Ase of the School District's
total tax base. Additionally, this easement is quite extensive and could
result in a large settlement.
Additionally, the question was raised whether the City would have eminent
domain powers if it so chose over another taxing district. Gary Pringle
indicated, when contacted, that land already devoted to another public
use can be taken under general laws whore the effect would not be to
extinguish a franchise. If the taking would not materially injure the
prior holder, such a condemnation would be sustained. Obviously, this is
left open to a considerable degree of interpretation by the courts so
the City could be fairly hard-pressed to determine that it would have the
right of eminent domain in this particular case.
Procedure at this point would be for the City tot
A. Determine routo to be taken for the interceptor sewer, subject to any
casements that may be necessary.
D. Contact property owners, in this case tho School, if casements are
proposed, and request the same.
C. Dotormino the amount, if any, to be proposed on obtaining the oasomonts.
In talking with Shelly Johnson, he indicated that onco the City has dotor-
minod the value, if any, and the routs, that he would approach the School
Board to see if they were agreeable to grant tho City the necessary eaooment.
- 5 -
Council Agenda Supplement - 4/23/79
POSSIBLE ACTION: Consideration of determining route for the interceptor
sewer and consideration, if necessary, of an amount to be
paid for the easements to be obtained.
VUR REFERENCES: Enclosed map depicting general proposed interceptor route
layout.
4. Consideration of Approval of Fireworks Permit - Chamber of Commerce for
July 4, 1979.
The Monticello Chamber of Commerce is requesting that they be granted a
permit for a fireworks display on July 4, 1979.
In the past few years, the fireworks display has taken place by the
Pinewood School. Although the display has been sponsored and paid for
by the Chamber of Commerce, the Monticello Fire Department is in charge
of shooting off the fireworks. The firemen utilize the area by the
Public Works Maintenance Building for shooting off the display.
As a result of having various improvements made to the Pinewood School
area and the concern for people parking on these improvements, the Chamber
of Commerce is proposing to change the site of this fireworks display
out into the Oakwood Industrial Park. It is proposed toot the fireworks
display would be set off from the City's land that it owns adjacent to
the ctoragc rccor:oir and would w shut off cowards the Oakwood Industrial
Park area. This area is being proposed by the Chamber of Commerce due to
the following factors:
A. Large amount of open land.
B. Room for cars along Chelsea Road and the other roads within the
Industrial Park.
There is some concern with assuring adequate protection for shooting off
the display. However, this could be accomplished, as it has in the past,
by the firemen themselves, by keeping people a safe distance away from
the actual detonation point. Additionally, there is a concern for people
who may come to view the display parking on property owned by industries
within the Industrial Park, itself, and damage they may do to the lawns,
etc. Of course, this concern exists no matter where you have a display of
fireworks. However, it may be well if the Council wore to consider the
approval of this pormit and request that the Chamber at least contact and
get approval of the property owners within the Industrial Park area for
this display, and make them at least aware of the fact that the display
was going to take place and arrange for other proper safety precautions.
Additionally, of course, the Sheriff'o Department could bo notified of
the time and place of the avant.
POSSIBLE ACTION: Consideration of approval or denial of fireworks
display permit.
- 6 -
Council Agenda Supplement - 4/23/79
5. Consideration of Approval of Off -Sale, Non -Intoxicating Liquor License for
T Jon Hanson, DBA/Tom Thumb Superette.
A-- Mr. Jon Hanson, who is the owner of the new Tom Thumb Store in Monticello,
is requesting an off -sale, non -intoxicating liquor (3.2 beer) license for
his convenience food store.
For your information, Mr. Hanson meets the qualifications of the City's
ordinance and state statutes relative to an application and approval of
a license for 3.2 beer. tie currently is operating two other Tom Thumb
Stores in Delano and Moundsview.
POSSIBLE ACTION: Consideration of approval of 3.2 beer license for Mr.
Jon Hanson.
6. Consideration of Approval of Award on Eminent Domain for Order Issued by
the 10th Judicial Court District.
The 10th Judicial Court District, in its report of the Commissioners, has
issued an Order dated March 22, 1979, to award the sum of $11,000 to
Harold Ruff, Phyllis Ruff and Ruff Auto Parts, Inc. relative to the
casement containing 6,410 square feet the City had to obtain in order
to serve Country Club Manor with sewer and water and also for roadway
purposes.
According to state statutes 117.145, either party can appeal the award
within 40 days from the date the report has been filed. At this point,
I am not aware of any appeal that has been filed by the Ruff's from
the award, and although the sum may seem high, I have talked to Gary
Pringle and it may be more costly to appeal the award than to approve
it. An appeal would involve additional litigation costs, along with
the good possibility that the ultimate award would be very close to
the $11,000.
POSSIBLE ACTION, No action is necessary unless the City Council would
decide to appeal this award. Note: For your informa-
tion, the Commissioners have not yet issued their
award on the property to be obtained from Mr. s Mrs.
Tim Genung. This area is approximately 20,000 square foot.
REFERENCES, Enclosed copy of the report of the Commissioners.
- 7 -
MItiUTES
1,hGVI.AH mwrlt.c. - I-IONTICELLO PLANNItIr COMMISSIOti i
Tuesday, April 17, 1979 - 7:30 P.M.
,,cml,.•rs Present: Jim Ridgeway, Dave Bauer, nick Martie, Ed Schaffer.
munb4ers Absent: Fred Topel
1. Annroval of Minutes.
A notion was made by Dave Bauer, seconded by Ed Schaffer and unanimously
carried to approve t1he Minutes of March 20, 1979, as presented. A
cation was made by Dave Bauer, seconded by ed Schaffer and unanimously
carried to approve the Minutes of April 3, 1979.
2. Public Hearing - Rozoninq of Block 10 of Original Monticello Plat
from P.-3 to F-1 or R-2.
At their March 26, 1974 meeting, the City Council of Monticello was approached
_ by a group of Citizens in -Block 10 of_Menticello and the nurrounding area,
expressing concern over the possible development of an apartment house in
I31ork 10. At the time of the request, the Monticello City Council did inform
the concerned citizens that there was no specific zoning action that the
Council could take that evening relative to rezoningl however., they (Ili
talo the following action:
A. Fequastod the Planning Commission hold a hearing to rezoning Blank 1G.
B. Put a moratorium on any building permit approvals for multiple fnmlly
tlwellinq units in Block 10 until the recommendation of tht� Planning
Commission came back to the City Council and the City Council took
final a.•tion.
A:, a result of this action, a public hearing has been properly l.ublinbr.d mtl
notice has been given to property owners within 35o, of Block 30, to con•i1_l.-r
rt-ztrnina tho Block from R-3 (Medium Density Residential) to I:-1 (Single I'aculy
l.tuldential') or R-2 (Single and Two -Family keuidential).
.tit the outs, t, i;ary Wictior, City Administrator was requested itl the thalrr.ln
to exllain the history hehind the zoning of Illock 10. Mr. WI -J er uxl,lainil
tl,::L tho zoning of Block 10 has been R-3 since 1972. lie Further oxpiaincl
Ll.at iu contacts with the City Planner and City Attorney. the ro was conc,,tr,
Lviative to t,:zuninq the property to R-1 or 11-2 in order to avoid a parti,'Jiat'
ievelopmrnt. Mr. Wichor did explain that that Plannitr3 Commissi,.n
to want to consi,ier rezoning the south half of Block to to I-1 or P-2 tt,
}t-'tcct l.rol-Lrty owntre in that area from future multiple family dwell in']
.::,I�.. ':ho lardcular prol•ost,d davelopment at this point wan 1ocatod rn 0.,
t,Ltt:. :lalf rf Block 1t'. altecifically. Lots ti, 9 b 10 of Blovk lit.
At t`.is Foit:t, the meeting was opened for tine public hatering }curt con, an -1
t'., fc:»owing comments were received,
Minutes - Planning Comm. - 4/17/79
lla rwtn Straw - owner of property on south half of Block 10, would like
to sec the entire Block stay as an R-3 zone. Mr. Straw indicated that
although he had no immediate plans for multiple family dwelling unit,
he would like to leave this option open for himself or a subsequent
buyer of his land.
Jim Murray - owner of Lots 8, 9 6 30 of Block 10. Mr. Murray owns the site
that is proposed for a seven -unit apartment house by Ron White. Mr. Murray
indicated he bought the property for apartments, and would be very much
opposed to rezoning at this time.
Ron White - Developer who has the option on Tats 8, 9 6 10 of Block 10,
indicated that he had an option to buy the property specifically because
it was zoned as R-3, and if it is rezoned, he simply would not purchase
it.
Jack Maxwell - Realtor - He had indicated this puts Mr. Murray in a very
had position since he purchased another home with no contingency due to
the fact that he had an option to sell Mr. White his property.
Ron Peters - owner of property on the south half of Block 10, indicated
that the neighborhood would probably have to accept the current proposal
of Ron White's for an apartment, but would request rezoning the rest of the
Block to R-1 or R-2. He indicated he did not realize the area was R-3 when
he purchased his property. Mr. Peters went on to say that he took
excertion with linrwin Straw*m initial opposition to an accessory building
that was being planned at one time by Mr. Murray, but now Mr. Straw
apparently is in favor of multiple family housing in the area. Mr. Peters
felt that Mr. Straw was not being consistent since he had previously
apposed the accessory building and now was in favor of multiple family
which +ir. Fetors felt would be more detrimental to the arca than the
previous lroposal by Mr. Murray.
KAren Hanson - property owner on north half of Block 10 said she was very
concerned with the number of apartments in the area of Block 10 and that
within a vary short distance of Block 10 and including Block In there would
tea approximately 8U arartment units.
Mr. and Mrs. Roger Chartrand - The following written testimonial was received
trj the Planning Commission and signed Chartrand Residence, apparently ruferricq
to Mr. and Mrs. Roger Chartrand. "we are in agreement with the rezoning of
Black V from R-1 to either R-2 or R-1. Rezoning is the only feasible thing
to W deny: considering the traffic problem we would have with thf: additiunal
.tars an al artmer,t building would bring. "
MUtion wall made 1y nave Bauer, seconded by Dick Martie and was unatimou•-.y
.•arried to deny the rezoning request. Some of the reason,, for t..o d,.nial
'if the reznnin.l requf•ut are as follows,
A. Area Lad 1Mrr h -i for at least seven (7) years.
11. Comrrwhensivo Plan shows this specific area as multiple family and
it was felt that consintancy should be maintained with the Comprehonsive
Plan and the area should be left as is.
- 2 -
a.0 r:
Minutes` Planning Coma: °r 4%1T/,-79'' °,.
c,. Intent of coning ordinance by design is to qroup multiply family p:
dwelling unites within the same general area. °1rr
A motion was made by Ed Schaffer, seconded by Dick Martie and unanimously
carried to adjourn.
n
Gary'Wieber ;^
City Administrator
GW/a
-3-
�I, rlr�ty ,• �Bel
STATE OF M 1 N NESOTA Dl ST'R 1 CT COURT
COUNTY OF WRIGHT TENTH JUDICIAL DISTRICT
------------------------------------
City of Monticello, a Minnesota
Municipal Corporation, located in
Wright County, and its City Council,
Petitioner,
VS. REPORT 01' COMMISSIONERS
Harold Ruff and Phyllis Ruff, and
Ruff Auto Parts, Inc.,
Respondents.
-----------------------------------
To the Court Above Named:
The undersigned Commissioners appointed by this Court fu tht' above
entitled matter by the Order of the Court riatcri December 12, 1978, do hereby
report as lollows:
1.
That we met at the time and place appointed by the Court. therefor, to -wit:
In the off Ice of the Clerk of District Court in the Court (louse at. Buffalo,
Minnesota. at 9:00 A.M. on Thursday, th„ 21s1 day of Deccmbcr, 1978, :oid have
severally taken the oath prescribed by lnw; and that we did view tho premise!.
described In the petition herein. We havr viewed the premises and 1 - vi-- lw—aid
,111 pot sons who wished Io appear awl asked to be hca d.
11.
l� ':c did meet at the T:onticello City II.111 on the 241.h day of Jauu.u'y, 1979
t� at 1:00 P.M. alter giving notice to I.he delendnnl s, Harold Rolf, 11byl Iis Rnll,
and Hutt Auto Parts, Inc., ,Ind we heard al I porson!. who appoan:d :nitl ash,!d te,
nftcr }:l l't ll,; ..,.1 ".1111': I,i P.m.""in 1---1 W„ Ine"
111
nay.: appr,lised tin• valur of the Inod un propn::ed to be token, :enol IIu,
damai;rn austaint'd by I.h,• nelendant:i by I. abun ul t.h.• t.,klug 1h- d. .111/1 the
sem,• are an follows: The parcel description of the land over which the.
I
F1
condemned property is to run is described as follows:
A permanent easement for roadway and utility purposes over, under,
and across that part of the South 659.00 feet of the East 30 acres
of the Southeast Quarter of the Northeast Quarter of Section 10,
Township 121, Range 25, Wright County, Minnesotap described as
follows:
Beginning at the southwest corner of said East 30 acres of the
Southeast Quarter of the Northeast Quarter; thence North 3 degrees
05 minutes 44 seconds East, assumed bearing, alorfg the west line
of said East 30 acres a distance of 107.64 feet; thence South 44
degrees 50 minutes 16 seconds East 160.27 feet to the south line
of said Southeast Quarter of the Northeast Quarter; thence North
87 degrees 05 minutes 46 seconds Nest, along said south line, a
distance of 119.10 feet to the point of beginning.
Said permanent easement contains 6,410 square feet more or Iess.
To the defendants, Harold Ruff, Phyllis Ruff, and Ruff Auto Parts, Inc.,
we award f.he sum of $11,000.00.
We farther report that in the performance of our duties as commissioners,
we were occupied for 2 days.
Dated this 22nd day of March, 1979.
Duuald Stoner, LeRoy Kreit.low and Dunald Weismann.Commi%Sion members in
+.hu a!>ave eutitted n:attor, by.
Donald Wei smann,r.ommtsslon chairman
�yF r E- U
13KVr U'SUMfY r,.y
MAR • '7 1979
D
LIQUOR FUND
LIQUOR DISBURSEKNNTS - APRIL - 1979
I ANOINT
CFLNO.
Ed Phillips & Sons - Liquor
1577.21
1 8682
Refrigeration Systems, Inc. - Ice machine
1755.00
8683
Yonak Sanitation - Contract
30.00
8684
Griggs, Cooper & Co. - Liquor
1527.67
8685
Old Peoria - Liquor
489.81
8686
Johnson Bros. - Liquor
683.71
8687
Twin Clty Wine - Liquor
633.57
8688
Johnson Bros. - Liquor
2879.66
8689
Twin City Wine - Liquor
589.01
8690
Fd Phillips & Sons - Liquor
4582.40
8691
State Treasurer - PFRA
251.42
8692
Commissioner of Revenue - Sales tax - March
1785.41
8693
State Treasurer - Social Sec. Fund
878.30
8694
Wright County State Bank - Fed. With. tax
381.29
8695
Comm. of Revenue - State With. tax
174.20
8696
Banker's Life Ins. - Group Ins.
153.18
8697
Mobil Oil - Gordis Link - Fuel oil
493.90
8698
Foster's Ins. Agency - Prepaid Ins.
676.00
8699
Lie£ert Trucking - Freight
221.00
8700
Bridgewater Telephone - Telephone
43.98
8701
Northern States Power - Utilities
392.40
8702
Marco Business Products - One used Norelco recorder
111.50
8703
Monticello Office Products - Store expense
13.05
8704
Granite City Cash Register - Repairs
28.00
8705
Persian's Office Products - Repairs
26.50
8706
Twin City Wine - Liquor
395.60
8707
Johnson Bros. - Liquor
1306.88
8708
Griggs, Cooper & Co. - Liquor
1149.78
8709
Midwest Wine - Liquor
659.54
8710
Adams Peet Control - Stone expense
22.75
8711
Old Dutch Foods - Vdac. Mdse.
88.67
8712
7 Up Bottling Co. - Misc. mdse.
187.50
8713
Jude Candy & Tobacco - Misc. mdse.
333.37
8714
Dahlheimer Dist. Co. - Beer & mist. mdse.
2352.63
8715
Day Diet. Co. - Beer
130.50
8716
Bernick's Pepsi Cola - Misc. mdse.
94.75
8717
Viking Coca Cola - Misc. mdse.
387.50
8718
Dick Beverage - Beer
2109.30
8719
A. J. Ogle - Beer
322.90
8720
Grosslein Beverage - Beer
8689.50
8721
Thorpe Diet. Co. - Beer
1648.85
8722
Payroll for March
2991.34
TOTAL DISBURSEKENTS FOR APRIL
$43,249.53
1
1
61-
A A
CIiN[:RAI. 1'11SD - APRIL
AMOUNT
CHECK NO.
Dept. of Nat. Resources - Dep. Reg. fees
12.00
11392
U. S. Postmaster - Postage
142.00
11393
Wright County Hiway Dept. - County maps for resale
25.00
11394
Petty Cash - Misc. expenses - postage, certified letters, etc.
36.97
11395
Ed Lange - Custodial services
59.50
11396
Yonak Sanitation - Garbage contract
2884.00
11397
Mont. School District #882 - Library rent
147.00
11398
Arve Grimsmo - Mayor salary for April
125.00
11399
Mrs. Fran Fair - Council salary for April
100.00
11400
Ken Maus - " " "
100.00
11401
Phil White - ^ " "
100.00
11402
Dan Blonigen - " ^ "
100.00
11403
MacQueen Equipment - Street sweeper rental - Approved 3/26/79
* 1075.00
11404
James Preusse - Cleaning City Hall
180.00
11405
No. Central Section - AWWA - Reg. fee for seminar for Walt
35.00
11406
MN. State Trees. - License Center - Dep. Reg. fees
10.00
11407
Gwen BAteman - Animal Imp. expense
332.53
11408
Int. Harvester Co. - Service manual for new truck
25.00
11409
Hennepin Tech. Centers - Reg. fee for seminar for Richard Cline
39.00
11410
Dept. of Nat. Res. - License Center - Dep. Reg. fees
27.00
11411
State Treasurer - PERA
1394.81
11412
Comm. of Revenue - Water excise tax
72.48
11413
State Tress. - Social Security Fund payment
5376.67
11414
Wright County State Bank - Fed. With. tax
1927.30
11415
Comm. of Revenue - State With. tax
998.90
11416
Hoglund Bus Co. - Title, license & transfer fee on new truck
5.25
11417
N. S. Power - Utilities
3054.07
11418
North Central Public Service - Gas
814.96
11419
U. of M. - Reg. fee for seminar for John Simola
25.00
11420
Holiday Inn - Room reservation for Simola seminar
24.96
11421
Ed Lange - Custodial service
68.25
11422
Poirier Drug - Film
12.31
11423
VOID
-
11424
Phillips Petro. - Street -23.181 Water -31.12; sewer -46.69
100.99
11425
3 M. Business Products - Copy machine repair
74.60
11426
Gould Bros. - Wrecker cervico & repairs to 72 & 75 trucks
797.38
11427
Feed Rite Controls - Sewer testing
65.00
11428
Northwestern Bell - Fire telephone
15.49
11429
Vance's Standard - Gas for Fire Dept.
16.21
11430
Amoco 011 - Street - 809.811 water - 22.331 sewer - 33.50
865.64
11431
Fyles Backhoe - Storm sewer steaming
450.00
11470
Albert Mayor - Mileage for Wastewater school classes
40.00
11432
Wright County Auditor - * police fines - March
428.25
11433
Big Lake Hardware - Pipe for sewer
14.40
11434
Wnter Products Co. - Meter valves, hydrant repair kit
512.99
11435
Fold Craft Go. - Table base for office
32.10
11436
Independent Lumber - Materials for picnic tables, brackets, etc.
62.72
11437
Wright Service 011 - Fuel oil at plant
459.72
11438
Foster's Ins. Agency - Ins. on antique fire truck
26.49
11439
Earl F. Anderson - 2 street signs
52.59
11440
Harry's Auto Supply - Broom, glass cleaner, fittings, wire,
116.92
11441
welding rode, lights, filters, gauge, mirror
ur Ow„ Hardware - Paint brushes, cord, plug end, crow bar,
95.32
11442
6 volt batteries, bolts, Light bulbs, point, nuts, etc.
* Total bid price $42,990.00
Payroll for March 10276.54
GENERAL FUND DISBURSEMENTS $96,927.02
Total bid price $42,990.00
l
I;I:NrRAI. 171IND
AMOUNT
CHECK N0.
Monticello Office Products - File cabinet, bookcase tops, etc.
306.22
11443
to Coast - Squeege, nails, gas cans, batteries, bolts, etc,
47.04
11444
�Coast
.Vance's Service Center - Gas for Street Dept.
13.10
11445
St. Cloud Restaurant Supply - Hand towels for Inf. Center
30.20
1141.6
Brooklyn Trucking Co. - Class #5 for Prairie Road - to be
949.25
11447
charged back to Balboul Estates
Monticello Times - Misc. printing expense
358.98
11448
Buffalo Rendering - Animal Imp. expense
20.00
11449
National Bushing - Hanger, seals, fittings, tape, tools, lights
288.90
11450
Maus Foods - Dog food, tea, coffee, paper towels
70.59
11451
Gross Industrial - Laundry
69.60
11452
Carlson Welding - Misc. welding, iron, nuts, bolts, etc.
97.55
11453
Monticello Printing - S/W postals, fire call slips , fire dept.
115.35
11454
supplies
Suburban Gas - Gas at dog pound
33.67
11455
Centra Sota - Salt and broom
9.13
11456
Bridgewater Telephone - Telephone
379.51
11457
McCarthy Well Co. - Inspection of deep well #2
24.50
11458
Local #49 - Union dues
33.00
11459
Lindberg & Sons - Paint for picnic tables
29.11
11460
Flicker's T -V - Repair to amp. in council chambers
24.00
11461
Banker's Life Ins. - Group Ins.
1273.00
11462
Clerk of District Court - Certified copy of award on easement
5.00
11463
Dept. of Net. Resources - Dep. Reg. fees
27.00
11464
League of MN. Cities -Legal for lobbying -tax increment financing
100.00
11465
Orr-Schelen-Mayeron - February billing - E}ig. and meetings
304.60
11466
Smith & Pringle - Legal for March
619.50
11467
Clerk of District Court - Comm. award to Ruff's for easement
11000.00
11468
Clerk of District Court - Deposit with Court for Genung easement
4600.00
11469
Rick Wolfsteller - Expense for Conference
242.71
11471
MacQueen Equipment Go. - New Elgin street sweeper "
41915.00
11472
Dept. of Notural Resources - Dep. Reg fees
25.00
11473
Loren Klein - Mileage - Bldg. Insp. & Civil Defense
82.20
11474
Payroll for March 10276.54
GENERAL FUND DISBURSEMENTS $96,927.02
Total bid price $42,990.00
l