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HomeMy WebLinkAbout09/21/1989CITY OF APPLE VALLBY Dakota County, Minnesota September 21, 1989 Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota, held September 21st, 1989, at 8:00 o'clock p.m. at Apple Valley City Hall. PRESENT: Mayor Branning; Councilmembers Goodwin, Holton, Humphrey and Savanick. ABSENT: None. City staff members present were: City Administrator Melena, City Clerk Mueller, City Attorney Sheldon, City Engineer Gordon, Personnel Director Boland, Public Works Director Gretz, City Planner Kelley, Assistant Administrator Lawell and Community Development Director Welsch. Mayor Branning called the meeting to order at 8:05 p.m. The Councilmembers and everyone in attendance took part in the pledge of allegiance to the flag. MOTION:of Holton, seconded by Humphrey, approving the agenda for tonight's meeting as amended. Ayes - 5 - Nays - 0. MOTION: of Holton, seconded by Goodwin, approving the minutes of the regular meetings of August 24th and September 7th, 1989, as written. Ayes - 5 - Nays - O. APPROVE AGENDA AUG 24 & SEP 7 1989 MINUTES AUDIENCE DISCN. CONSENT AGENDA Mayor Branning asked if any one was present to address the Council at this time on any item not on this meeting's agenda. No one was present to speak. MOTION: of Holton, seconded by Goodwin, removing consideration of the Southport easement vacation from the agenda, adding hiring seasonal employee, Liquor Store Manager and Assistant Manager; Southport Centre utility report; 140th Street speed limit study and filling hazardous excavation to the consent agenda and approving the items on the consent agenda. Ayes - 5 - Nays - O. CONSENT AGENDA ITEMS MOTION: of Holton, seconded by Goodwin, approving a temporary on-sale 3.2 beer license for American Legion Post 1776 on September 23, 1989, at Fire Station No. 1. Ayes - 5 - Nays - 0. LEGION TEMPORARY BEER LICENSE ZOO TEMPORARY LIQUOR LICENSE ALIMAGNET PARTY PERMIT MOTION: of Holton, seconded by Goodwin, approving issuance by the Minnesota Department of Public Safety of a temporary on-sale liquor license to the Minnesota Zoo on October 9, 1989. Ayes - 5 - Nays - O. MOTION: of Holton, seconded by Goodwin, issuing a party permit to Scott L. Meyer of U.S. West Paging for a company picnic at Alimagnet Park, pursuant to City Code Section 14.5-3(g)(1), valid on September 23, 1989. Ayes - 5 - Nays - O. CITY OF APPLE VALLEY Dakota County, Minnesota September 21, 1989 Page 2 MOTION: of Holton, seconded by Goodwin, adopting Resolution No. 1989- 183 designating additional depositories for City funds at Shearson, Lehman, Hutton, Inc. - St. Paul and Westcap Securities, Inc. - Houston. Ayes - 5 - Nays ~ 0. MOTION: of Holton, seconded by Goodwin, adopting Resolution No. 1989- 184 transferring $1,300,000 from the General Fund and establishing a Capital Improvement Program Dedication Fund to be used for the purchase of capital equipment which fund shall maintain a minimum balance of $1,000,000. Ayes - 5 - Nays - 0. MOTION: of Holton, seconded by Goodwin, adopting Resolution No. 1989- 185 awarding the contract for Project 89-336, Eagle Hills 2nd Addition Utility and Street Improvements, to CECA Utilities, Inc., the low bidder, in the amount of $94,367.50. Ayes - 5 - Nays - 0. MOTION: of Holton, seconded by Goodwin, adopting Resolution No. 1989- 186 awarding the contract, with a $300 per day incentive for early completion, for Project 83-183, 149th Street and Granada Avenue Parking Lot Improvements, to McNamara Con- tracting, the low bidder, in the amount of an $324,676.50. Ayes - 5 - Nays - 0. MOTION: of Holton, seconded by Goodwin, adopting Resolution No. 1989- 187 authorizing installation of stop signs: on Dunbar Court at 152nd Street; on Dunbar Boulevard at Dunbar Avenuo and 152nd Street; and on Dresden Trail at Dunbar Boulevard. Ayes - 5 - Nays - 0. MOTION: of Holton, seconded by Goodwin, adopting Resolution No. 1989- 188 setting a public hearing at 8:00 p.m. on October 26, 1989, to consider vacating one-foot access restriction ease- ments in Muir's Cedar Center Addition. Ayes - 5 - Nays - 0. MOTION: of Holton, seconded by Goodwin, adopting Resolution No. 1989; 189 approving the final plat and subdivision agreement for Hyland Pointe Shores and authorizing the Mayor and Clerk to sign the same. Ayes - 5 - Nays - 0. MOTION: of Holton, seconded by Goodwin, adopting Resolution No. 1989- 190 authorizing substitution of Rollin Crawford as the City Attorney in the action to acquire Outlot A of Feiner 1st Addition. Ayes - 5 - Nays - 0. MOTION: of Holton, seconded by Goodwin, approving Change Order No. 1 to the contract with Arcon Construction for Project 88-289, 147th Street Construction, in the amount of an additional $15,771.68. Ayes - 5 - Nays - 0. RES. 1989~193 ADDITIONAL DEPOSITORIES RES. 1989-].84 ESTABLISH C.I.P. FOND RES. 1989~.85 AWARD PROJ. 89-336 RES. AWARD CONT~L~CT PROJ. 83-183 RES. 1989-187 INSTALL STOP SIGNS A.V. EAST RES. 1989-188 SET VACATN HRG. MUIR'S ADDITION RES. 1989-189 FINAL PLAT HYLAND POINTE RES. 1989~190 ATTORNEY SUBST FEINER CONDEMN. CHANGE ORDER 1 PROJ. 88-21{9 CITY OF APPLE VALLEY Dakota County, Minnesota September 21, 1989 Page 3 MOTION: of Holton, seconded by Goodwin, accepting Project 88-289, 147th Street Construction, as final and authorizing final payment on the contract with Arcon Construction in the amount of $19,321.68. Ayes - 5 - Nays - 0. MOTION: of Holton, seconded by Goodwin, accepting Project 88-307, Broner Woods Utility and Street Improvements, as final and authorizing final payment on the contract with CECA Utilities in the amount of $5,220.79. Ayes - 5 ~ Nays - 0. MOTION: of Holton, seconded by Goodwin, accepting Project 89-316, Apple Valley (Water Park) Apartments Storm Sewer, as final and authorizing final payment on the contract with Husting & Engstrom in the amount of $1,038.00. Ayes - 5 - Nays - O. MOTION: of Holton, seconded by Goodwin, accepting Project 89-322, Radcliff Townhomes Trunks, as final and authorizing final payment on the contract with Nodland Construction in the amount of $7,376.80. Ayes - 5 - Nays - 0. MOTION: of Holton, seconded by Goodwin, authorizing the City Engineer to prepare plans and specifications for Project 89-327, Central Maintenance Facility Storage Buildings. Ayes - 5 - Nays - 0. MOTION: of Holton, seconded by Goodwin, adopting Resolution No. 1989- 191 receiving the preliminary engineering report, as revised, on Project 89-337, 141st Street in East Valley Plaza, and setting a public hearing on it at 8:00 p.m. on October 12, 1989. Ayes - 5 - Nays - 0. MOTION: of Holton, seconded by Goodwin, adopting Resolution No. 1989- 192 approving 1989 special assessment rolls 254 through 267, in the total amount of $1,528,334.00, and setting a public hearing on them at 8:00 p.m. on October 12, 1989. Ayes - 5 - Nays - 0. MOTION: of Holton, seconded by Goodwin, adopting Resolution No. 1989- 193 approving 1989 special assessment roll 268, delinquent sewer and water charges in the total amount of $6,634.91, and setting a public hearing on it at 8:00 p.m. on October 12, 1989. Ayes - 5 - Nays - 0. MOTION: of Holton, seconded by Goodwin, authorizing use of City streets for a bicycle race on October 10, 1989, in connection with Apple Valley High School homecoming as recommended by the Police Chief. Ayes - 5 - Nays - 0. MOTION: of Holton, seconded by Goodwin, approving 1990 employee group health insurance with the LOGIS Insurance Group as detailed in its proposal dated August 30, 1989. Ayes - 5 - Nays - 0o FINAL PAYMENT PROJ. 88-298 FINAL PAYMENT PROJ. 88-307 FINAL PAYMENT PROJ 89-316 FINAL PAYMENT PROJ. 89-322 PREPARE PLANS CENTRAL MNTG. STORAGE BLDGS. RES. 1989-191 SET HEARING PROJ. 89-337 RES. 1989-192 ASSMT. HEARING ROLLS 254 TO 267 RES. 1989-193 DEL. UTILITY HEARING ROLL 268 HIGH SCHOOL BICYCLE RACE LOGIS 1990 GROUP INSURANCE CITY OF APPLE VALLEY Dakota County Minnesota September 21, 1989 Page 4 MOTION: of Holton, seconded by Goodwin, approving salary increases, effective September 28, 1989, for the Community Development Director, Dennis Welsch; and the Finance Director, George Ballenger setting the salaries at $54,055 each. Ayes - 5 - Nays - O. FINANCE & COM. DEV. DIRECTORS' SALARIES PARK & REG. SEC. RECLASSIFY MOTION: of Holton, seconded by Goodwin, approving a position reclassification to Administrative Secretary for Parks and Recreation, at pay scale 3, for Dorene Perkins. Ayes - 5 - Nays - 0. MOTION: of Holton, seconded by Goodwin, approving hiring Mary Jo Colleran for the position of Forestry Technical Specialist effective October 2, 1989. Ayes - 5 - Nays - 0. HIRE COLLERAN FORESTRY TECH. MOTION: of Holton, seconded by Goodwin, approving hiring the seasonal and parttime employees as listed in the Personnel Director's memo dated September 21, 1989, and its addendum. Ayes - 5 - Nays - 0. HIRE PARTTIME EMPLOYEES MOTION: of Holton, seconded by Goodwin, approving hiring William Scheible for the position of Liquor Store No. 2 Manager effective October 9, 1989. Ayes - 5 - Nays - O. HIRE SCHEIBLE LIQ STORE 2 MGR MOTION: of Holton, seconded by Goodwin, approving promotion of Ann Elverson to the position of Assistant Liquor Manager effective September 25, 1989. Ayes - 5 - Nays - O. PROMOTE ELVERSON ASST. LIQ MGR MOTION: of Holton, seconded by Goodwin, authorizing the City Engineer to prepare a preliminary feasibility report on installation of utilities for Southport Centre (Ryan Shopping Center). Ayes - 5 - Nays - O. PRELIM. REPORT SOUTHPORT UTIL. MOTION: of Holton, seconded by Goodwin, adopting Resolution No. 1989- 194 requesting a speed limit review by the Minnesota Department of Transportation on 140th Street between Cedar Avenue and Garden View Drive. Ayes - 5 - Nays - 0. RES. 1989-194 SPEED STUDY 140TH STREET RES. 1989-195 FILL LOTS IN VALLEY MEADOWS MOTION: of Holton, seconded by Goodwin, adopting Resolution No. 1989- 195 authorizing an order for filling of hazardous excavations on Lots 1 and 3, Block 1, Valley Meadows Addition. Ayes - 5 - Nays - 0. END OF CONSENT AGENDA Mr. Welsch reviewed a proposed amphitheater moratorium ordinance. AMPHITHEATER It was prepared for the purpose of allowing the City time to study MORATORIUM issues involved with such a facility and consider appropriate ordinance amendments. Mr. Sheldon said M.S. 462 provides for such an interim ordinance allowing for the study of existing regulations before a proposal is submitted. CITY OF APPLE VALLEY Dakota County, Minnesota September 21, 1989 Page 5 Mayor Branning read a letter and copies of two resolutions he received from the Zoo today. It stated that at the Zoo Board's meeting today, the Board voted to table indefinitely further discussions concerning an amphitheater and to release the developers from any further obligation arising from their proposals to the Zoo. Mr. Shsldon advised that this would have no impact on whether the City proceeds with a moratorium. MOTION: of Holton, seconded by Savanick, passing Ordinance No. 457 amending City Code Section 17-11 by establishing a moratorium on amphitheaters, with a seating capacity in excess of 5,000 persons, until September 1, 1990, (which may be extended) and directing necessary studies with a report by August 1, 1990. ORDINANCE 457 AMPHITHEATER MORATORIUM Mr. Melena said the moratorium would protect the City's planning process. Though the proposal is tabled now, it could come back. If an application is received before a moratorium is declared, there would be legal issues involved in imposing any new regulations. This period would allow for preparation of standards and conditions related to an amphitheater. The City would continue with an independent survey of development related to the Zoo; use the study group to investigate other amphitheaters; and use a consultant to study the pros and cons of the Zoo site. Vote was taken on the motion. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Humphrey, directing Staff to conduct a survey related to Zoo development and work with a con- sultant, but not proceed with visits to other amphitheater sites at this time. AMPHITHEATER STUDY DIRECTION Councilmember Goodwin said since there is no proposal now, he does not believe looking at other sites is necessary at this time. Councilmember Savanick suggested Staff should have time to review the study process and make a recommendation at the next meeting. MOTION: of Humphrey, seconded by Savanick, tabling consideration of TABLE Staff direction until October 12, 1989. Ayes - 3 (Holton, STUDY DIRECTION Humphrey and Savanick) - Nays - 2 (Branning and Goodwin). Mayor Branning called the public hearing to order at 8:42 p.m. to PUBLIC HEARING consider amending Tax Increment Financing Districts No. 1 and No. 9 AMEND TIF NO. 9 (Ryan) and establishing new District No. 11 (Venstar) and noted re- NEW TIF NO. 11 ceipt of the affidavit of publication of the hearing notice. Mr. Welsch gave an overview of the proposals and noted they are consistent with the Comprehensive Plan. One amendment would eliminate a 3.19-acre overlap between Districts No. 1 and No. 9; placing the area in No. 9. The eight years for collecting increment in District No. 9 would be changed to the 1992 to 1999 period. An amendment to the master development program would cover additional on-site expenses, up to $1,800,000 of pay-as-you-go financing, in District No. 9. District No. 11 would be established consisting of parts of North Star Industrial Park and 28 acres in the Northwest Quarter of the Southeast Quarter of Section 26. One of three office/warehouse buildings, each in excess of 30,'000 square feet, is proposed by Venstar Corporation. CITY OF APPLE VALLEY Dakota County, Minnesota September 21, 1989 Page 6 Mr. Melena noted that the Council has received a letter dated September 21, 1989, from Robins, Kaplan, Miller & Giresi, representing Apple Valley Square Shopping Center, objecting to the use of public funds for on-site improvements in the Ryan project. He noted that $2,100,000 will be used to construct the ring route which also abuts Apple Valley Square. If they would be willing to accept special assessments, the expenditure would not be necessary. The current building proposal by Ryan does not provide an excess increment over the $2,100,000. Unless further development occurs, the $1,800,000 additional assistance may not be available. Jim O'Meara, of Briggs & Morgan representing the City, was present and said he reviewed the letter and the other property owner is within its rights to file an objection. However, the Council is making a finding that the project could not proceed without assistance and he believes this is a very appropriate use of tax increment financing. Mr. Melena read a letter dated September 18, 1989, from Dakota County acknowledging receipt of the plan and encouraging the City not to use tax increment financing for these projects. The Mayor noted receipt of the letter which is consistent with the County's past opposition. Councilmember Savanick noted that both Apple Valley Square and the new County facility will benefit from the ring route construction. Bill McHale, of Ryan Construction, was present and said that tenants in the Southport Centre to date are all new businesses. They plan to break ground in October and are meeting with the PCA tomorrow on the indirect source permit. The major store has not been named yet, but it will not be called "Target". The Mayor asked for additional questions or comments. There were none and the hearing was declared closed at 9:12 p.m. MOTION: of Goodwin, seconded by Humphrey, adopting Resolution No. 1989-196 approving the Development District and Tax Increment Financing Plans and Amendments related to existing Districts No. 1 and No. 9 (Ryan) and new District No. 11 (Venstar). Ayes - 5 - Nays - O. RES. 1989~196 ADOPT TIF PLANS RELATED TO DIST. 1, 9 & 11 MOTION: of Savanick, seconded by Humphrey, adopting Resolution No. 1989-197 approving the Contract for Private Development with Ryan Construction Company of Minnesota, Inc., related to Tax Increment Financing District No. 9, and authorizing execution of the documents. Ayes - 5 - Nays - O. RES. 1989-197 RYAN CONTRACT PRIVATE DEV. MOTION: of Savanick, seconded by Goodwin, adopting Resolution No. 1989-198 approving the Site Improvement Assistance Agreement with Ryan Construction Company of Minnesota, Inc., related to Tax Increment Financing District No. 9 and authorizing execution of the documents. Ayes - 5 - Nays - 0. RES. 1989-198 RYAN SITE ASSIS- TANCE AGREEMENT Steve Mattson, of Juran & Moody, the City's financial consultant was present and reviewed the details of the bond sale recommended to be set for October 17, 1989, at a special meeting. G.O. BOND SALE CITY OF APPLE VALLEY Dakota County, Minnesota September 21, 1989 Page 7 MOTION: of Holton, seconded by Humphrey, setting a special meeting at 12:00 noon on October 17, 1989, for the purpose of receiving bids and selling City bonds. Ayes - 5 - Nays - 0. SET SPECIAL MEETING MOTION: of Holton, seconded by Humphrey, adopting Resolution No. 1989-199 authorizing issuance and sale of $2,375,000 General Obligation Improvement Bonds of 1989 on October 17, 1989.. Ayes - 5 - Nays - O. MOTION: of Holton, seconded by Humphrey, adopting Resolution No. 1989-200 authorizing issuance and sale of $165,000 General Obligation Equipment Certificates of 1989 on October 17, 1989. Ayes - 5 - Nays - 0. RES. 1989-199 $2,375,000 G.O. IMP. BOND SALE RES. 1989-200 $165,000 EQUIP. CERT. SALE RES. 1989-201 $2,100,000 G.O. T.I. BOND SALE MOTION: of Holton, seconded by Humphrey, adopting Resolution No. 1989-201 providing for public sale of $2,100,000 General Obligation Tax Increment Bonds of 1989 on October 17, 1989. Ayes - 5 - Nays ~ 0. Mayor Branning called the public hearing to order at 9:38 p.m. to PUBLIC HEARING consider amending the City's liquor, wine'and beer license fees and AMEND LIQUOR noted receipt of the affidavit of publication of the hearing notice. LICENSE FEES Ms. Mueller reviewed the current and proposed license fees in each category. Two alternatives have been proposed for on-sale intoxicating liquor license fees; one of staying with a flat annual fee and increasing it to $5,500. The other is to adopt a sliding fee based on the volume of liquor sales ($5,000 for sales under $250,000; $7,000 for sales of $250,001 to $500,000; and $10,000 for sales over $500,000). Cathy Koyonen, of Apple Place Bowl, said they would have a concern with a sliding fee scale because of the high fee proposed at the top end of the scale compared to surrounding communities. Mr. Melena reviewed current fees from the AMM survey of some of those communities. Councilmember Humphrey said he suggestgd the sliding scale, but believes fees of $4,000, $5,000 and $6,000 would be more appropriate. Councilmember Holton suggested $4,000, $6,000 and $8,000. Councilmember Savanick said she prefers the flat fee and the proposed $500 increase is only 10 percent. Just because sales are high does not mean profits are high also and the fee should be kept the same for all the licenses. Gary Lowe, of Greenstreets Restaurant, said he prefers a sliding scale which would help smaller businesses. Judging from the number of licenses that have changed owners in the area, this is a very tough business to operate profitably. Ms. Koyonen asked how the sliding scale would be monitored? Ms. Mueller said copies of State Sales Tax forms would be filed with the City to verify the amounts. The Mayor asked for other questions or comments. There were none and the hearing was declared closed at 9:50 p.m. CITY OF APPLE VALLEY Dakota County, Minnesota September 21, 1989 Page 8 MOTION: of Holton, seconded by Humphrey, setting wine and beer license fees as proposed in the hearing notice and setting on-sale liquor license fees on the sliding scale, based on volume of liquor sales, at $4,000, $6,000 and $8,000 annually. SET LIQUOR, BEER & WINE FEES AMEND MOTION MOTION: of Savanick, seconded by Branning, amending the motion by setting on-sale liquor license fees at a flat rate of $5,000 annually. Roll call vote was taken on the motion: Ayes - 2 (Branntng and Savanick) - Nays - 3 (Goodwin, Holton and Humphrey) Motion Failed. MOTION: of Humphrey, seconded by Goodwin, amending the motion by setting the fees on the sliding scale at $4,000, $5,000 and $6,000 annually. Ayes - 3 (Goodwin, Holton and Humphrey) - Nays - 2 (Branning and Savanick). Vote was taken on the motion as Emended. Ayes - 3 (Goodwin, Holton and Humphrey) - Nays ~ 2 (Branning and Savanick). MOTION: of Humphrey, seconded by Goodwin, passing Ordinance No. 458 amending the City Code by revising and consolidating regu- lations related to liquor, wine and beer licenses and sales in Sections 3-30 through 3-56 and including the approved new fee schedule. Ayes - 5 - Nays - 0. ORDINANCE 458 REVISED LIQUOR, WINE & BEER REG. ORDINANCE 459 AMEND GAMBLING REGULATIONS ORDINANCE 460 CHRISTMAS TREE LOT LICENSING MOTION: of Holton, seconded by Humphrey, passing Ordinance No. 459 amending City Code Section 14-53(5) removing the restriction on a member or employee of an organization selling gambling chances while at the same time working as an employee of a liquor establishment in premises under 5,000 square feet and adding Section 14-53(7) requiring organizations to provide copies of their licenses to the City. Ayes - 5 - Nays - O. MOTION: of Savanick, seconded by Humphrey, passing Ordinance No. 460 amending the City Code by adding Sections 15-20 through 15-23 providing for licensing and establishing specific regulations for the operation of Christmas Tree Sales Lots in the City as presented. Councilmember Humphrey asked if this would require all trees to be on a concrete or asphalt surfaced lot? Mr. Melena said yes they would, to facilitate clean up. Hale Meserow, Scoutmaster of Troop 205, commented on the purpose of scouting and activities they have undertaken. They have a need to raise funds so all members of the troop can participate in the program. Rather than asking for donations, the Christmas Tree sales can provide these funds. If the ordinance is enacted requiring a surfaced lot, they would not be able to use the lot at 142nd Street and Cedar Avenue. CITY OF APPLE VALLEY Dakota County, Minnesota September 21, 1989 Page 9 Al Herrmann, of T's Landscaping, said he is involved in setting up four lots for the Boy Scouts this year, including one at 142nd and Cedar. The City of Eagan approved two lots and the City of Burnsville will be considering a lot next week. The other Cities have similar requirements for the lots, including parking, but do not require surfacing. The Christmas Tree Growers Association will be issuing a report recommending that asphalt surfaces not be used for tree lots. The area heats up from the sun more quickly and shortens the life of cut trees. He has looked for other sites in the City, but they are not really available. Councilmember Savanick asked if there were any other objections to the ordinance other than the lot surface? Mr. Herrmann said no. Mark Vandelist, of Troop 205, asked why the organization would have to post special signage? Mayor Branning said the objective of the signage is to disclose who is involved in the operation of the lot and how much of the sales price is actually going toward the organization. Mr. Helena said there was concern about these sales lots last year. One of the reasons is that last year there were seven temporary lots operating. In previous years there had only been two or three. This brought up the problem of establishing some regulations. MOTION: of Humphrey, seconded by Goodwin,.amending the motion by removing the condition that lots have an impervious asphalt or concrete surface. Ayes - 5 - Nays - 0. AMEND MOTION RES. 1989-202 AMEND COMP. PLAN COADY NORTH Vote was taken on the motion as amended. Ayes - 5 - Nays - 0. MOTION: of Humphrey, seconded by Holton, adopting Resolution No. 1989-202 amending the Comprehensive Plan designation on part of the Northwest Quarter of the Northwest Quarter of Section 22 (known as Coady property north of the Zoo Road) from DIII to DII as recommended by the Planning Commission. Mr. Kelley noted that after this amendment is completed, it will be recommended that the property be rezoned from R-1A to M-1. The Council asked if a recommendation on the property west of Galaxie, between 130th Street and the Zoo Road, would be made? Mr. Kelley said it is part of the Simon property and was not part of the current study. Vote was taken on the motion. Ayes - 5 - Nays - 0. MOTION: of Humphrey, seconded by Savanick, adopting Resolution No. 1989-203..approving a development agreement with Granada Shopping Center Partners specifying the shopping center and parking lot improvements required in connection with the redevelopment district, providing for right of first refusal to purchase the City's liquor store property and authorizing the Mayor and Clerk to sign the same. Ayes - 5 - Nays ~ 0. RES. 1989-203 GRANADA CENTER DEV. AGREEMENT CITY OF APPLE VALLEY Dakota County, Minnesota September 21, 1989 Page 10 MOTION: of Humphrey, seconded by Savanick, adopting Resolution No. 1989-204 approving a development agreement with Apple Valley Shopping Center specifying the shopping center and parking lot improvements required in connection with the redevel- opment district and authorizing the Mayor and Clerk to sign the same. Ayes - 5 - Nays - 0. RES. 1989~204 A.V. CENTER DEV AGREEMENT MOTION: of Holton, seconded by Savanick, passing Ordinance No. 461 amending Chapter 20 of the City Code by redefining the position of City Forester as part of the Public Works Department, establishing a forestry inspection program and setting the fee for it at $50.00 per S.A.C. unit, payable with building permits. Ayes - 5 - Nays - O. ORDINANCE 461 FORESTRY INSP. PROGRAM & FEE RES. 1989-205 1990 LANDFILL ABATE GRANT ADMINISTRATIVE CONTACT PERSON I-35W COUNCIL REPRESENTATIVE MOTION: of Holton, seconded by Goodwin, adopting Resolution No. 1989- 205 approving submission of the City's 1990 landfill abatement funding application to Dakota County in the amount of $282,726.00 and authorizing the Mayor and Clerk to sign the appropriate documents. Ayes - 5 - Nays - 0. Mr. Melena advised that both he and Tom Lawell will be out of town next week attending the annual ICMA conference. Mr. Gretz will also bo away at a public works conference. He suggested Police Chief Rivers be the contact person for the next week. The Council concurred. MOTION: of Humphrey, seconded by Holton, appointing Councilmember Savanick as the City's representative on the I-35W Council Executive Committee. Ayes - 5 - Nays - 0. Councilmember Humphrey said he had a discussion with Grace Lutheran GRACE CHURCH Church concerning the condition that the building permit authorized PENNOCK R-OoW August 24, 1989, was subject to acquisition of additional Pennock right-of-way. Mr. Gretz said the initial discussions involved an arrangement by which the City would resurface the Church's parking lot in exchange for the Church giving the additional right-of-way to the City. When the Church revised the parking lot plans, the cost became much more than the value of the right-of-way and the City Attorney advised that the City could not do the work on private property even though the Church agreed to be assessed for the additional cost. Each party is now getting an appraisal for the right-of-way (the City's is $18,000) and a price will be negotiated. The intent was not to withhold the building permit, but it was noted that the reason for the variance was because the would be losing some property. Mr. Sheldon said he will meet with the Church and review this with them. MOTION: of Goodwin, seconded by Holton, to pay the claims and bills, checks numbered 70849 through 70903, 70905 through 70988 and 70997 through 71106, in the total amount of $4,213,957.22. Ayes - 5 - Nays - O. CLAIMS & BILLS MOTION: of Savanick, seconded by Holton, to adjourn. Ayes - 5 - Nays - 0. The meeting was adjourned at 11:30 o'clock p.m.