HomeMy WebLinkAbout05 09 1983MINUTES of the Proceedings of the City Council of the City of Prior Lake'in the
County of Scott and State of Minnesota, including' "all accounts audited by
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said Council.
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May 9, 1983
The Common Council of the City of Prior Lake met in regular session,on`Monday,
May 9, 198; at 7:30 PM in the Council Chambers. Mayor Stock . called the meeting'
to order. Present were Mayor Stock, Councilmember Busse, Schweich, Scott, I
Thorkelscn, City Manager McGuire, City Engineer Anderson, City Planner,Graser I
and Finance Director Teschner.
1� Mayor Stock asked everyone to please rise for the pledge of allegiance. {
MINUTES
The minutes of May 2., 1983 were reviewed.
Motion by Busse to approve the minutes of May 2, 1983 as submitted, seconded by
Thorkelson and upon a vote taken it was- passed.
The next item on the agenda was to consider the request from James Space for a.
DAMES SPACE
road•extention. Mayor Stock read the petition that,was submitted by Mr. a'nd Mrs.
ROAD EXTENTION
, Space and Mr. and Mrs. Stenzel. He then asked the owners of the property 'if they 4i
would like to make any comments. !I
Mr. Stenzel suited that the land was purchased some time ago and were hoping
to develop it.
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iMayor Stock then asked if the property that would be needed to construct the
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street per request, is it the intent if it would become part of the,projec't, be
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given-to the City as part of an easement for roadway purposes and also the land
necessary for a cul -de -sac or turn around?
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Mr. Stenzel stated that was the intent.
Stock
Mayor then asked City Manager McGuire to respond to the legal opinion of
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the City Attorney as it relates to the petition.
City Manager McGuire stated that the City Attorney had 2 comments regarding this
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petition. 1)Any cost that would occur would have to be borne by the owners of
that property. 2)The property owners would, have to demonstrate that there S a
public need unless all the property owners at Sunfish Bay'are willing to sign
off, so that it would not have to: require condemnation.
Mayor Stock asked how much land is available as 'far as the building site :`s
concerned. e ll
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Mr. Space stated that the widest portion would be on the peninsula portion. It
would be approximately 80 feet wide. He; thought that it, °was well over an acre.
City Manager McGuire commented that the portion that would be on public street,
lif Bass Street were - extended,, would be 50 feet wide,.'
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Councilmember Busse asked Mr. Space if the '80 feet that he was talking abbut 'wasp
zoned conservation. Z
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Mr—Space stated that he tho6:ght that alportion „;f it was. 'but the other was
zoned R -2.
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Mayor Stock then the property owners, thati
:on the basis of the City
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Attorney's statement,, did they have anything�witt them to demonst'. ~ate or to
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give "foundation 'to.-. ne rd.
'Mr. Space stated that he thought there were-people in--the audience that would,
testify;'to that. f�
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.ne Huller stated that he 5 le y -much, opposed to this proposal.
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Bill'`Bissonett stated that he is the: owner of Lots 6 7 Sunfish'Bay, based on
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phis knowledge of City Grdr�nan es, It was his understan�ing : .that it is not coriect
to establish a loe' of recorditi ff' the',iCity of Prior Lake' that does not meet min .Ymum
standards, and square, footii`e, e you are not all'o 'd'ta `count as a resident °al
lot area what is in'conserya� When a lot is °cried after a zoning ordinance
is i place, he believed that � � then not a legal 1.ot of record, therefore-hot
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a)buildable lot rectardles< 4 s s zoned. 'K- further` started That he was in
opposition of this
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MIAUTES the Proceedings of the City Council of the City of Prior Lake in the
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County of Scott and State of Minnesota, including all accounts audited by
said Council.
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Diane Olson also stated that she was against this extension.
James Michael, aproperty owner on Sunfish Bay, asked why does the lot,
have to have a street, why cant he dust >have an easement to his property.
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Mayor Stock stated that according to the City Ordinances there has to be a,
right -of -way for ingress /egress and it would also have to meet the minimum
standards of the code.
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Craig Chissem, the owner of Lot 15'stated that he was opposed to the
extension.
John Siskoff stated,that he opposes any extension of Bass Street.
Mark Hoffman, owner of Lots 24 & 25 stated that he also opposed to the
extension.
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Bob. Schaffer also stated his opposition.
;Mrs. Kathy 'Space then commented. She stated that Bass Street would still be
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a private -road if the extension went through.
Mayor Stock then stated that the 'oint in
p question, was what the. City.: >�
Attorney addressed, and that ,7 of the property owners in the Sunfish Bay
have stated negative statements in regard to opening that.segment of the
street. In order for the City to open that to the public it could be done
one of two ways. 1)The signing of an easement, to the City. 2)Through
condemnation. When condemnation is entered, just cause or public need for
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that segment 'must be demonstrated.
Mr. Space then commented.
Mayor Stock asked that Mr. Space and Mr. Stenzel present documentation to
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demonstrate public need for that extension, also because the road right -of-
way, will it make that site a buildable site, then at that time council will
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give further consideration.
INFORMIITI,ONAL
The next item was the eontintuation of the Informational Meeting for acquisition
MEETING LIF"Y
for Library space,. Mayor Stock stated that at the last meeting the financial
SPACE
; impacts that would be placed upon the City was,'discus'sed. Also- discussed with
the "Friends of the Library" and the members.of the.Library Boird,.were their
proposals for the next few years and how they saw the library growing.
Nand the City asked if there was any way the "Friends" could,help,offset
the.initial; cost if the City,was pursue the acquisition of the Old Bank
Building for library purposes. The other items discussed was,to have other `
purposes for the space, i.e. Cable TV use of a portion�of the building,
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satellite services from Scott, "Mayor Stock then asked for inforrrltion
from the "Friends" and the Library Board.
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Pat.Ferris commented. He stated that the "Friends" appreciate the chance
the City is offering and that they are here to pledge support to the City.
He further stated that the "Friends proposal if the City °does indeed purchase,
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are to commit.imoney, time and talent. The friends will work at coming up
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fnitially: with $10,000.00. They would also move the books, shelves and other
items over. As for the future, money would raised by going through the'
Prior Lake American, and the local radio stations, to help solicit support
throught Scott County, have,:book sales, and other ways to raise the money.
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Tony Shanks, 4,member of the Lakers Chapter of Alcoholics Anonymous, Aated
1they have been holding their meetings for about 61 years at the library and
�'on tr buting to the :'Friends ". Hei,then commented on the agreement from the ;
Lakers A.A. to the Ci proposing to pay to the City of Prior Lake $4,000.00
per year (paid on a monthly basis) for exclusive use of a portion of the Did
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Bank Building basement. The groups' -have grown and need more space to
grow. He further stated that the AA group would replace the floor and
ceiling tiles., paint and do what ever else is needed to the basement area
at their expense.
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Mayor Stock asked,City Manager McGuire to comment on the findings of the
County and Cable TV using space.
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MIAUTES of the Proceedings of the City Council of the City of Prior Lake in the
County of Scott and State of Minnesota, including all accounts audited by
said Council.'
'O ty Manager McGuire stated that as Mr. Shanks had stated, A.A group
would be donating $4,000.00 per For North American communications,
year.
- They expressed an interest in leasing some space, but would not make a definite
commitment
at this time. For Scott. County, he stated he had met
Commissioner Mark Stromwall and Administrator doe Ries and they had agreed
at that time to consider contributing to the purchase price of the'building
and'to work towards satellite services in the library building. He further
stated that after speaking with County Commissioner Stromwall today, he felt
that an actual cash contribution towards the building would not be possible
at this time. Commissioner Stromwall further stated that the satellite
services had possibility, not necessarily tied into the bank building but
would be more appropriate if in the City Hall. City Manager McGuire stated
that Commissioner Stromwall was present for further comments.
Commissioner Stromwall stated that the concept of bringing satellite services
from the County to the various cities-is more complicated then expected.
Jan Williams then commented to the Council. She went over the plus and
minus ofjthe building:
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John Fitzgerald also commented, supporting the acquisition of the building.
Council- and Staff then discussed the options.
Mayor Stock asked that City Manager McGuire contact�North American to
negotiate an agreement and to work with the "Friends" to refine their commitment.
Motion by Busse to direct City Manager McGuire to negotiate with the Prior
Lake State Bank'a final purchase agreement on the basis of the outline by
Robert Barsness, that was given to the City dated February 24, 1983, seconded
by Thorkelson.
Councilmember Scott mentioned that the interest rate had 'dropped today.
Mayor Stock called the question, and upon a vote taken it was duly passed.
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City Manager McGuire stated that he would bring the agreement back on May
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23, 1983.
SONG
The next item on the agenda was the Wind `Song P.U.D, Mayor Stock asked
City Planner Graser to review this for the Council.
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City Planner�Graser stated that the developers, Sunny Enterprises is requesting
Schematic Plan Approval for the Wind Song P.U.D. The subject site consisting
of about 33. 'acres is part of the Martinson Neighborhood which is about 65%
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?developed. Virtually the only land use in the neighborhood is single family
homes. The current land use proposal for the Wind Song P.U.D. entails 26
single family lots, Lakeshore access and a private equestrian recatonal club.
The road system will eliminate two`cul -de- sacs,• Eau Claire Trail will be
connected to 154th Street and Calmut Avenue to Eau Claire Trail: The private
equestrian club will be located in the northern one third of the P.U.D. on
'8 acres. Uses in this area include paddocks for exercising; and riding,
a 250 x 150 foot horse barn arena, a show ring, parking and a "service-
l out
building. The - main issue is whether this concept can be introduced.to the
neighborhood without adverse impact on the. °residential character >df the neighbor -.
hood. The closest residential'impactwill be to the five homes directly to the
east, three 'of the hones have a set back of 250 feet from the barn. The railroad
tract, because of its elevation and with its existing overstory, will serve
as a good earthen, buffer. fences for the paddocks will be about 60 flet from
the curbs of Lord's Street and County Road 2.1. The barn will have the capacity-
to board 96 horses along with`other necessary facilities for grooming, and show-
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ing. entire equestrian operation serves the residents of the PAD.. It
Is staff's opinion that this use can exist harmoniously with the residential-
character of the area'but only under the highest standards of operation. The
developer in this case must deliver to the Planning Commissionea detailed
operational and functional -plan.including but not limited to the following:
Collection of manure, erosion of paddock areas, employment, how many people
will come to shows /daily /weekly, noise, architecture and use of materials for
the building. He further stated that the City Engineer has reviewed the
utility plan and has found it to be adequate for both detail and function..
Engineering Staff has recommended,- Schematic approval.
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MI4UTES of the Proceedi, of the City iI of the City of Prior Lake in the
County of Scott dnj State of Mir, iota, incl.iding all accounts audited by
said Council. p
It is planning Staff's opinion that this use-can function well in the area
but must be restricted to the highest standards. Planning Commission at
its 4/21/83 meeting gave approval to the Wind Song P.U.O. /Schematic Plan
since it is consistent with the zoning code and comprehensive plan and an
asset to the community. The developer is to show more detail for the next
phase in regarck to the landscaping, architecture of the barn, general
engineering maintenance of the barn and paddocks, define any public use of
the facility, drainage plan plus the other requirements of the P.U.D. code.
Mayor Stock asked that the plans be marked as exhibits.,
City Planner Graser marked the exhibits as follows for the record.- Exhibit
"A" for the site analysis, exhibit "B" for the Schematic Plan and exhibit
"C" for the Schematic Utility Plan. Today's date was also marked on the
plans.
The representatives from Sunny Enterprises then commented.
Dean Morlock gave a slide presentation..
Roger Haugie went into more detail on the development of the equestrian club.
There was discussion by Council and Staff. 10.
A memo from Parks do Recreation Director, Bill Mangan regarding the dedication
of park land was entered and discussed.
Councilmember Thorkelson.asked if the developer had consideredgoing more to the
north with the horse barn, or on the other side of Lord's Street.
On the basis of the discussion, motion by Schweich to approve the Schematic
Plan, since it is consistent with our overall plan, but contingent upon the
following concerns. These concerns must be addressed prior to the next
phase. l)That. the park land development be worked out with the planning and
park staff. 2)That the developer provide for Council and -Staff a list of
names of other existing uses that would be categorized of this nature, that
the Council could use for investigative purposes. 3)That the developer address
the water run off categories. 4)As the development <proceeds,'the , covenants
address and control the type of horses and the area of off premise use. 5)
Consider additional property north of Lord's Street as a possible us`e, now or
in the future, seconded by Scott and upon a vote taken it was duly passed.
The next item brought up for discussion was not a scheduled item. Mayor
Stock briefly discussed the major problem areas concerning high water. Th�`
WATER areas discussed were Watersedge Trail, a segment of Shady Beach and Rutgers:
Mayor�Stock stated he had asked the Council to drive around these
t_ problem areas and that the Cityi;Engineer look at the same `areas and to report
to the Council what the alternatives are available to us:
City Engineer Ariderson reported o ,the streets that are flooded, Watersedge
Trail and Shady Beach Trail are the two streets that are currently under
I water. The average flooding is about 6 inches in the center of the raod and
there are some areas that still have pavement showing. Diking,is planned
to start on Tuesday, May 10, 1983 on the easterly side of Watersedge Trail
Mayor Stock asked if the water can be pumped over the dike and also if the
culvert,was going;to be sandbagged at Watersedge Trail.
City 'Engineer Anderson stated that this would done. Also at the Intersection
of Boudins Street and Watersedge Trail sandbagging would be done. He further
stated that unless the properties on the main side of the lake are sandbagged
the water is going to coming from the main channel.
Mayor Stock asked if diking was necessary at this time on Shady Beach Tram.. ~
City Engineer Anderson stated that it was not needed at this time.
Mayor'Stock asked if there were other
Y questions or comments.
i Marlis Bluedorn asked, about a manhole that has sandbags. around it,
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MIAUTES of the Proceedings of the City Council of the City of Prior Lake in the
County of Scott and State of Minnesota, including all accounts audited by
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said Council,
City Engineer Anderson stated that this was a storm water manhole,
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Mayor Stock stated th�,'City is investigating with the civil defense if there'
is any way that the City can assist in any funding, that might be available
through these channels.
City Manager McGuire stated that there are some other possibilities that are
being pursued for funding.
Councilmember Thorkelson stated that the City should consider raising the
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roads permanently.
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There were other comments.by Council and Staff.
Mayor Stock thanked those who were present for this item.
SECTION 9 -1 -4
The next item was to review the Committee report on Section 9 -,1 -4 of the City
CITY CODE
, Code. Mayor Stock asked City Planner Graser to review the committee:'s findings.
City Planner Graser stated that the committee felt that since Prior Lake is a
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residential community, clean streets are an,important-aspect in maintaining a
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good environment.
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Pictures of problem,areas.were passed around.
CityyPlanner Graser then stated "the committee had the following recommendation,°
to "put more teeth in that section of the City ode" dealing with muddy streets
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or people damaging public property such as curbs and sidewalks. He then reviewed
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the proposed amendment to the City Ordinance,
There was 'discussion by Council and Staff.
It was suggested that "E" be added to "D" and 'I F " . "
Mayor Stock asked that the committee review and come back to the Council on
May 23, 1983. They should address the recommendations and discussion a this
meeting.
MORTH VWE
The next item on the agenda was to discuss the status of the North Shore Sewer
SEWER /WATER
and Water Project.
City`Manager McGuire stated that the City received notice last week that the
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North 'Shore,Sewer and Water 'Project did not receive funding. The City
will have to consider what should be done, there are some options that the
City tan consider: 1)To put in the Sewer and Water in complete project.
2)Put in the watermain only.. 3)Do nothing. Staff requests at this time
however, some direction as to what the appropriate step would be.
There was discussion by Council and Staff.
Mayor Stock stated that his ri$ommendaton was to proceed with the complete
project, however the feasibility study be done in phases and that all other
alternatives be addressed.
Mayor Stock then stated that Staff should prepare the feasibility study, and,
be brought.back -to the Council at which time the Public Hearing should be
scheduled.'
Mayor Stock asked if there was any other business that needed to be taGn care
of.
P.D.O, 3.2 BEER
City Manager McGuire stated that he had received a'request for a 3.2 Off -Sale
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Beer License for the new P.D.Q. going up at Highway 13 and County Road 42.
He further stated that recommendation was to give approval contingent upon the
background investigation done through the Police Department.
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Motion by Thorkelson to approve the request for P.D.O. for the 3.2 Off -Sale
Beer License, contingent upon the background investigation, seconded by Busse
and upona vote'taken it was duly passed.
MINITES of the Proceedings of pity Counci of the City of Prior Lake in the F
County of Scott and S7 of Minnesota, including all accounts audited by
said Council. - ,
City Manager McGuire then reported on the property that is being acquired
from Mrs. McNulty for the park road. City's appraisal on the property is
$3,485.00 and McNulty's was $5,900.00.' A compromise was reached at $4,500.6e
plus the cost of the apprasial which was $300.00. He then recommended approval.
Motion by Thorkelson to accept the compromise of $4,500.00 plus the $300.00
for the apprasial, seconded by Busse.
Councilmember Schweich asked about the other 2'parcels that the City is trying
to acquire.
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City Manager McGuire stated that they were being heard this week at the a
y condemnation hearing.
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The question was called and the motion was duly passed.
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City Planner Graser then requested that the Council repeal Title 4,, Chapter
DIRECTIONAL
3, which is the existing directional sign ordinance, which was passed quite
SIGN ORDINANCE
'awhile, ago to serve those businesses that were difficult to locate. The
directional sign has been incorporated into the new ordinance which meais
that this section of the ordinance is no Longer needed.
Mayor Stock stated that it would be necessary to have the City Attorney
prepare the ordinance.
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Counci,lmember Thorkelsonasked if an ordinance was necessary to repeal an
ordinance.
Mayor Stock 'stated that yes it was necessary.
Notion by Thorkelson to have the City Attorney prepare the final ordinance
to repeal Title 4, Chapter 3, seconded by Stock and upon a vote taken it
was duly passed.
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PUBLC
City Planner Graser then stated that he had received a letter from Frank
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FRANK NUELKEN
Muelken requesting that the"City schedule a public hearing for a road vacation --
:ROAD VACATION
in Spring Lake'Township Block 26. Back in 1970, Spring Lake Township vacated
a half of a;road and inturn vacated the roadway but took a strip 21 feet to
serve as an easement. This a flaw in the title of,the property and..that
easement needs to be vacated in order to clear the title.
Motion by Thorkelson to schedule a public ear ng for road vacation on 3une
6, 1983 for the described area, seconded by Scott and upon a vote taken
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it was duly passed,
JOHN' FITZGERALD
Mayor Stock then read a letter Ahat was addressed to the Mayor and City
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RESIGNATION
Council from John Fitzgerald. Mr. Fitzgerald was requesting the City
P.L'.P. CONMIISS.
Couincil accept his letter of resignation from the Prior Lake Planning Commission
effective June 36, 1983.
Motion by Busse to accept John Fitzgerald's letter of resignation with regrets
And thanking him for his years of`jservice to the City of Prior Lake, seconded t
by Thorkelson and upon a vote taken it was duly,.passed.
Mayor.Stock then reviewed a letter from Mr. William Sando regarding the
appointment of members to the Metropolitan Council.. He was asking fbc the
City's support in his running for Distirct 14 of the Netropolitan,Council.
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Mayor ;Stock announced that there will be a hearing on this appointment to
Thursday Nay 12 at`the Scott County.Court House.and_ anyone wishing to attend
should contact him.
=SPRING FIRE
City Engineer Anderson then stated that Spring Fire Hydrant Flushing would
HYDRMITuFLOSHI
begin he week of May 16;, 1983. ;
ADJOURNMENT
With no other comments, motion by` Scott to adjourn, seconded by Stock and
11:10 PM
upon a vote taken this meeting was adjourned at 11:10 PM.
Michael A. McGuirer
City Manager t
MMUTES of the Proceedings of
the City Council of the City of`Prior
Lake in the
County, of Scott and State of Minnesota, including all
'accounts audited by
said Council.
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THE FOLLOWING LIST OF INVOICES ARE SCHEDULED FOR PAYMENT ON TUESDAY, MAY 17, 1983.
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MISC DEPTS
Bankers Life
Insurance
2,706.69
OK Hardware
Misc. Supplies
X399.58
Scott -Rice Telephone Co.
Telephone Service
613.99
Ames Office Supply'
Msc. Supplies
170.25
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Albinson
Mach. Rental do Meter Charge
134.20
Charles Tooker
Consultant Planner Fees
650.00
Coast to Coast Stores
Misc. Supplies
4.50
Weber Auto Supply
Repair Supplies
108.10
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Parts Dept. Inc.
Repair Supplies
194,.25
Carpenter Lumber Co.
Supplies
1,148.19
GENERAL GOVERNMENT: -.
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4
Creative Graphics
Supplies
17x.05
Houser's Super Valu
Supplies
15�j.24
Target Stores
Supplies
13,.916
Robert McAllister
Dog Catcher
0 350;00
E. H. Newstrom
Bldg. & Plmg. Inspector
`2,00.00
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Orr- Schelen= Mayeron a Assoc.
Engineering Fees
1,482.98
Prior Lake American
Publishing
149.13
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Northern States Power
Utilities
108.33" -
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Citizen's League
Publication
5.00
Npls.,Star di Tribune
Subscription
s 1300
American Linen
Building Maintenance
6
43 0
S.6tt.� p!onty Treasurer 4
Library Taxes
2,210.6
Mayor and Council
Salaries
1,050.00
Michael McGuire
Car Allowance.
27.5.00
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CONTINGENCY
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'Scott County Treasurer
Taxes,'
823.68
Gigstad Painting
City Mall Remodeling,
245.00 `-
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Close- Associates
Architects
751 .52
Blohm'& Associates
`SternLevine
Cable TV Franchise:
1,293.50
,.
a Assoc.
Attorneys - Cable TV
990.03
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ENGINEERING:
Photo Express
Film Processing
4.56,
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Copy,EOuipment
Supplies
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42.12
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POLICE
Dennis Leff
Mileage
25.60
T.O. Tire and Towing
Vehicle Repair
80.00
Mahowald Motors
Vehicle. Repairs
- 49.77
-State of,Minnesota
Bike Reg. Fees
111.00
FIRE AND RESCUE
Smith- Martin°Service do Supply
�dical Supplies
40.97
Raynolds Welding
Oxygen
37.00
Valley Tire and Auto Service'
Tires
405..82
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Prior`Lake Fire Dept.
Reimb. for Supplies purchased
286.19
Vel13hek Service Dept.
Vehicle Repairs
201.85 °
RbddL Rescue Inca
MN "Fire
Vehicle Repairs
4.26
Instructors Assn.
Membership Dues
5.00,
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NNUTES of the Proceedings of - � City CoanciI of the City of. Prior Lake in the x
County of Scott and State of Minnesota, including all accounts audited by
said Council,
PARKS AND RECREATION
Bryan Rock Products Park Maintenance Supplies 113.75
Howe Inc. Park:Maintenance Supplies 1,'657.56
M -V Gas Co. Utilities 272.00
Shakopee Public Utilities Utilities, 8.50
Prior Lake "76 Vehicle Repairs 44.15 {}
Klingberg Bus Co. Charter Bus Trip 60.00
Julie Baumgart Park Program Refund 8;00
Technical Reproductions Inc. Map 25.13
NW National Bank of Mpls. Debt Service Charge 12.50
First .Bank of St. Paul Debt Service Charge & Interest 6,626.25
Copher Fence Fence 6,070.00
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STREET
Prior Lake Aggregates Street_ Repair Supplies 168:10
J'. L. Shiely.Co. Street — epair Supplies 504.27
Wm. Mueller & Sons Street Supplies 202.14
Metro Alarm Equipment: Installation 277,45
Klingberg Excavating Snow Removal 125.00
Warning Litesof Minnesota Rentals 124:00
SEWER
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Neenah Foundry, �Repair.,,Supplies 69.70.
Tri= State, Drilling Repair' Supplies 73.00
Metro Waste Control Commission Sewer Installment 20,415.90
Metro Waste Control Commission SAC Charges 10,939:50
WATER
Van Waters and Rogers Chemicals 218.63
Water Products Supplies 923.12
PRIOR L A W C QNSTRUCTION FUND
Orr- Schelen- Mayeron do Assoc. Engineering 569!,50
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rt EQUIPMENT CERTIFICATES
Mahowald Motors Police Squad Car 91980.100 .
DEBT SERVICE FUND
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Northwestern National Bank Debt Service 83,564.05
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