HomeMy WebLinkAbout10/12/1989CITY OF APPLE VALLEY
Dakota County, Minnesota
October 12, 1989
Minutes of the regular meeting of the City Council of Apple Valley, Dakota County,
Minnesota, held October 12th, 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, Police Captain Cook, Public Works Director
Gretz, Associate Planner Hickok, City Planner Kelley, Assistant Administrator Lawell and
Community Development Director Welsch.
Mayor Branning called the meeting to order at 8:05 p.m. The members of Cub Scout Troop
292 were present and led the Councilmembers, and everyone in attendance, in the pledge
of allegiance to the flag.
MOTION: of Humphrey, seconded by Goodwin, approving the agenda for
tonight's meeting as amended. Ayes - 5 - Nays - 0.
APPROVE AGENDA
SEPT. 21, 1989
MINUTES
AUDIENCE DISCN.
CONSENT AGENDA
PROCLAIM
AFS DAY
MOTION: of Holton, seconded by Goodwin, approving the minutes of the
regular meeting of September 21st, 1989, as written. Ayes
5 - Nays - 0.
Mayor Branning asked if any one was present to address the Council
at this time on any item not on this meetingts agenda. No one was
present to speak.
MOTION: of Holton, seconded by Savanick, moving consideration of 1989
Budget adjustments to the regular agenda and approving all
remaining items on the consent agenda. Ayes -5 - Nays - 0.
CONSENT AGENDA ITEMS
MOTION: of Holton, seconded by Savanick, proclaiming October 18,
1989, as American Field Service Intercultural Programs Day.
Ayes - 5 - Nays - 0.
MOTION: of Holton, seconded by Savanick, approving issuance by the
Minnesota Department of Public Safety of temporary on-sale
liquor licenses to the Minnesota Zoo on October 14; November
4, 6, 11 and 18; and December 1, 1989. Ayes - 5 - Nays - 0.
ZOO TEMPORARY
LIQUOR LICENSES
MOTION: of Holton, seconded by Savanick, approving a dance permit for
Apple Valley High School at the Apple Valley Community Center
on October 14, 1989. Ayes - 5 - Nays - 0.
HIGH SCHOOL
DANCE PERMIT
ADDITIONAL
1989 LICENSES
MOTION: of Holton, seconded by Savanick, approving a 1989 coin-
operated amusement device license for American Amusement
Arcades at God Father's Pizza, 15101 Cedar Avenue; and a 1989
refuse collection license for Action Disposal Systems
(subsidiary of BFI of Minnesota, Inc.) Ayes - 5 - Nays - 0.
CITY OF APPLE VALLEY
Dakota County, Minnesota
October 12, 1989
Page 2
MOTION: of Holton, seconded by Savanick, approving Exemption from
Gambling License for a raffle by Valley Dolphins Swim Club on
December 15, 1989, and waiving the 30-day waiting period by
the State Gambling Control Board. Ayes - 5 ~ Nays - O.
MOTION: of Holton, seconded by Savanick, adopting Resolution No.
1989-206 awarding the contract for Removal of Diseased Trees
on Public Property, to L & N Contracting, the low bidder, in
the amount of $29,100.00, and accepting the alternate and
adding removal of 97 stumps to the contract for a total
contract of $34,144.00. Ayes - 5 - Nays - 0.
MOTION: of Holton, seconded by Savantck, approving the revised 1-35W
Council Joint Powers Agreement, dated September 26, 1989, and
authorizing the Mayor and Clerk to sign the same. Ayes ~ 5 -
Nays - 0.
MOTION: of Holton, seconded by Savanick, adopting Resolution No.
1989-207 completing vacation of drainage and ponding
easements in the Southport Centre area identified as Dakota
County Documents No. 78065 and No. 75211 (torrens) and 440524
(abstract) and authorizing recording the Notice of Completion
of Vacation. Ayes - 5 - Nays - O.
MOTION: of Holton, seconded by Savanick, adopting Resolution No.
1989-208 receiving the preliminary engineering report on
Project 89-339, Southport Centre Utility and Street
Improvements and setting a public hearing on it at 8:00 p.m.
on October 26, 1989. Ayes - 5 - Nays - 0.
MOTION: of Holton, seconded by Savanick, approving 1989 Christmas
Tree Sales Lot licenses for William Brabee, at the southeast
corner of 140th Street and Pilot Knob Road, and for Boy Scout
Troop 205, at the northwest corner of 142nd Street and Cedar
Avenue. Ayes - 5 - Nays - 0.
MOTION: of Holton, seconded by Savanick, adopting Resolution No.
1989-209 accepting the donation from Robert Henkes of a 1978
Ford Thunderbird to the Fire Department for' use in its
training drills. Ayes - 5 - Nays - 0.
MOTION: of Holton, seconded by Savanick, authorizing the Police
Department to dispose of confiscated weapons by public sale,
with sealed bids from Federally licensed weapons dealers
only. Ayes - 5 - Nays - 0.
MOTION: of Holton, seconded by Savanick, approving Change Order No. 2
to the contract with McNamara Contracting for Project 89-319,
1989 Street Maintenance, in the amount of an additional
$19,400 for Huntington Park regrading. Ayes - 5 - Nays - 0.
VALLEY
RAFFLE EXEMPTION
RES. 1989-206
AWARD CONTRACT
TREE REMOVAL
REVISED I-,35W
J.P, AGREEMENT
RES. 1989-207
VACATE EASEMENTS
SOUTHPORT AllEA
RES. 1989-208
SET HEARING
PROJ. 89-339
CHRISTMAS TREE
LOT LICENSES
RES. 1989~209
FIRE DEPT. CAll
DONATION
POLICE SALE
OF WEAPON
CHANGE ORDER 2
PROJ 89-329
CITY OF APPLE VALLEY
Dakota County, Minnesota
October 12, 1989
Page 3
MOTION: of Holton, seconded by Savanick, approving Change Order No. 2
to the contract with CECA Utilities, Inc., for Project 89-
326, Eagle Hill Utility and Street Improvements, in the
amount of an additional $30,586.40 for Nordic Woods 12th
utilities. Ayes - 5 - Nays - 0.
MOTION: of Holton, seconded by Savanick, approving Change Order No. 3
to the contract with McNamara Contracting for Project 89-315,
Guild Avenue Utility and Street Improvements, in the amount
of an additional $20,720.00 for Nordic Woods 12th streets.
Ayes - 5 - Nays - 0.
MOTION: of Holton, seconded by Savanick, approving Change Order No. 1
to the contract with McNamara Oontracting for Project 85-225,
153rd Street and Galaxie Avenue Improvements, in the amount
of an additional $39,230.00 for 300 feet of 153rd Street west
of Cedar. Ayes - 5 - Nays - 0.
MOTION: of Holton, seconded by Savanick, approving reduction of
financial guarantees for: Morningview 3rd from $27,000 to 0;
Morningview 4th from $54,264 to $37,306; Oaks of Apple Valley
III from $36,500 to 0; and Carrollton Estates 4th from
$96,493.75 to $60,000. Ayes - 5 - Nays - 0.
MOTION: of Holton, seconded by Savanick, adopting Resolution No.
1989-210 establishing an Economic Development Fund and
authorizing transferring excess tax increment funds into this
fund at the end of each year. Ayes - 5 - Nays - 0.
MOTION: of Holton, seconded by Savanick, granting a one-foot setback
variance to allow construction of a garage addition to within
four feet of the west lot line on Lot 12, Block 3, Apple
Valley 3rd Addition (424 Walnut Lane) as recommended by the
Planning Commission. Ayes - 5 - Nays - 0.
MOTION: of Holton, seconded by Savanick, granting a variance to allow
construction of an 864 square foot accessory building at
12199 Galaxie Avenue (parcel number 01-01500-021-04) as
recommended by the Planning Commission. Ayes - 5 -Nays - 0.
MOTION: of Holton, seconded by Savanick, granting a four-foot setback
variance to allow construction of a three-season porch to
within 26 feet of the rear lot line on Lot 14, Block 1,
Carrollwood Village 2nd Addition (14453 Guthrie Way) as
recommended by the Planning Commission. Ayes - 5 - Nays - 0.
MOTION: of Holton, seconded by Savanick, adopting Resolution No.
1989-211 approving a minor subdivision for replatting Lots 3
and 4, Block 1, The Oaks of Apple Valley III, as "The Oaks
Replat" and authorizing the Mayor and Clerk to sign the same.
Ayes - 5 - Nays - 0o
CHANGE ORDER 2
PROJ. 89-326
CHANGE ORDER 3
PROJ. 89-315
CHANGE ORDER 1
PROJ. 85-225
SUBDIVISION
BOND REDUCTIONS
RES. 1989-210
ECONOMIC
DEVELOPMENT FUND
VARIANCE
424 WALNUT LANE
VARIANCE
12199 GALAXIE
VARIANCE
14453 GUTHRIE
RES. 1989-211
THE OAKS REPLAT
CITY OF APPLE VALLEY
Dakota County, Minnesota
October 12, 1989
Page 4
MOTION: of Holton, seconded by Savanick, adopting Resolution No.
1989-212 setting a public hearing at 8:00 p.m. on November 9,
1989, to consider vacating drainage and utility easements on
Lot 1, Block 1, The Oaks Replat, and Lot 5, Block 1, The Oaks
of Apple Valley III. Ayes - 5 - Nays - 0.
RES. 1989-212
VACATION HEARING
OAKS III & REPLAT
MOTION: of Holton, seconded by Savanick, approving the subdivision
agreement for Wirsbo Addition and authorizing the Mayor and
Clerk to sign the same. Ayes - 5 - Nays - 0.
WIRSBO ADDITION
SUBD AGREEMENT
MOTION: of Holton, seconded by Savanick, approving the scope of the
Zoo Amphitheater development study as recommended by the City
Administrator in his memo dated October 9, 1989. Ayes - 5 -
Nays - 0.
AMPHITHEATER
STUDY
HIRE PARTTIME
EMPLOYEES
1989 CONTINGENCY
ACCOUNT
1989 CONTINGENCY
FUND EXPENDITURE
MOTION: of Holton, seconded by Savanick, approving hiring the
seasonal and parttime employees as listed in the Personnel
Director's memo dated October 12, 1989. Ayes - 5 - Nays - 0.
END OF CONSENT AGENDA
Mr. Melena noted that the memo dated October 9, 1989, concerning
the general fund budget should show $8,800 previously authorized for
City Hall boiler repairs. With approval of the items shown in the
memo, the correct contingency fund balance should be $12,954.
MOTION: of Goodwin, seconded by Savanick, authorizing expenditures
from the 1989 contingency fund of $13,010 for Police hostage
case expenses, $6,000 for Huntington Park improvements,
$12,536 for tree removal on City property, and $8,800 for
City Hall boiler repair; leaving a balance of $12,954. Ayes
- 5 - Nays - O.
Mayor Branning called the public hearing to order at 8:15 p.m. on PUBLIC HEARING
1989 special assessment rolls 254 through 267 and noted receipt of ASSESSMENT ROLLS
the affidavit of publication of the hearing notice. The City Clerk
reviewed the assessment rolls and recommended corrections. Assessment roll 267
should be reduced by $42,917 because trunk utility charges will not be assessed on
the park/armory site at this time. Trunk utility charges were not included in
rolls 260, 261 and 262, for The Woods Additions. They are being removed from
consideration at this meeting and a new hearing will need to be set on tho revised
amount. The Mayor asked for questions or comments from the public. There were
none and the hearing was declared closed at 8:16 p.m.
MOTION: of Humphrey, seconded by Holton, adopting Resolution No.
1989-213 approving 1989 special assessment rolls 254 to 259
and 263 to 267 in the revised total amount of $1,154,508.00
for certification to Dakota County and collection with the
general taxes. Ayes - 5 - Nays ~ O.
RES. 1989-213
APPROVE SPECIAL
ASSESSMENT ROLLS
CITY OF APPLE VALLEY
Dakota County, Minnesota
October 12, 1989
Page 5
Mayor Branning called the public hearing to order at 8:17 p.m. on PUBLIC HEARING
1989 special assessment roll 268, delinquent utility charges, and DELINQUENT UTIL.
noted receipt of the affidavit of publication of the hearing notice. ASSESSMENTS
Of the $6,634.91 originally set for hearing, prepayments of $1,517.48
have been received. Mr. Melena said a list of residential accounts with account
closing dates prior to June 1, 1988, totaling $879.04, fs included with the
Council's information. It is recommended that these very old accounts be written
off as uncollectible.
The Mayor noted that letters of objection have been received from Robert Sloat,
6164 - 132nd Way, for a charge of $132.50 and Vicki Pasquarello, 13346 Ferris
Avenue, for a charge of $57.76 have been received. Shelf Grinvalds, 15711 Hannover
Path, presented a letter to the Mayor objecting to a $171.01 charge on her
property. It was noted that in these three situations, the charges were left
unpaid by previous property owners.
Councilmember Holton asked for clarification on closing bill cut-off dates and
deposit requirements. Mr. Melena said with quarterly billing, the $20.00 deposit
usually does not cover a final bill. Depending on where in the billing cycle a
property is, it may or may not show a delinquent bill if checked. Monthly billing
should improve both of these situations. In addition, we will now provide delin-
quent utility bill information when an assessment search is requested. There were
no further questions or comments and the hearing was declared closed at 8:30 p.m.
MOTION: of Holton, seconded by Goodwin, adopting Resolution No. 1989-
214 approving 1989 special assessment roll 268 in the revised
amount of $3,934.88 for certification to Dakota County and
collection with the general taxes and writing off the amount
of $879.04, as recommended, and the accounts at 6164 - 132nd
Way and 15711 Hannover Path. Ayes - 5 - Nays - 0.
RES. 1989-214
ASSESSMENT 268
DELINOUENT UTIL.
RES. 1989-215
SET HEARING
WOODS ASSMTS.
MOTION: of Savanick, seconded by Humphrey, adopting Resolution No.
1989-215 setting a public hearing at 8:00 p.m. on November 9,
1989, to consider 1989 special assessment rolls 260, 261 and
262, for The Woods Additions, in the revised total amount of
$448,789.00. Ayes - 5 - Nays - 0.
Mayor Branning called the public hearing to order at 8:35 p.m. on PUBLIC HEARING ·
Project 89-337, 141st Street Improvements between Pilot Knob Road PROJ. 89-337
and 140th Street, and noted receipt of the affidavit of publication
of the hearing notice. Mr. Gordon reviewed the preliminary engineering feasibility
report for the improvements to serve the outlots of East Valley Plaza. Because
this is a small project and the developer would like it completed soon, it could be
done by change order to the contract for Rolling Ridge. Councilmember Holton
questioned whether the street name should remain "141st Street"? Mr. Gordon said
it probably would be less confusing if it were changed since it will now continue
north and connect to 140th Street. The Mayor asked for other questions or
comments. There were none and the hearing was declared closed at 8:40 p.m.
CITY OF APPLE VALLEY
Dakota County, Minnesota
October 12, 1989
Page 6
MOTION: of Holton, seconded by Goodwtn, adopting Resolution No. 1989-
216 ordering installation of Project 89-337, 141st Street
Improvements between Pilot Knob Road and 140th Street. Ayes
- 5 - Nays - 0.
RES. 1989-216
'ORDER PROJECT
89-337
RES. 1989-217
PLANS & SPECS.
PROJ. 89-337
MOTION: of Holton, seconded by Goodwin, adopting Resolution No. 1989-
217 directing the Engineer to prepare plans and
specifications for Project 89-337. Ayes - 5 - Nays - 0.
Jim O'Meara, of Briggs & Morgan, reviewed the agreements related to SOUTHPORT
Southport Centre. An agreement, approved September 21, 1989, with AGREEMENTS
Ryan Construction, provides that it has certain obligations to the
City. Dayton Hudson is purchasing the large lot from Ryan. A separate agreement
is now being requested which will not commit Dayton Hudson to anything under the
Ryan agreement. If Dayton Hudson does not build, it would not be an excuse for
Ryan to get out of its commitment. Ryan is requesting some technical changes in
its agreement and an extension until 1991 to build 210,000 square feet. The Dayton
Hudson portion would be 160,000 square feet and is intended to proceed. The
implications of the extension on tax increment financing have been reviewed and Mr.
O'Meara said he is comfortable that the Dayton Hudson building alone would cash
flow the tax increment.
Mr. Melena said a complication in the revised agreements is that the City's sale of
the tax increment bonds is set for October 17th. In order for the City to proceed
it will be necessary to have the agreements signed and a bond guarantee from Ryan
by 3:00 p.m. October 13th. If this is not received, the sale should be cancelled
and tomorrow would be the latest date to do so. Bill McHale, of Ryan Construction,
was present and said they and Dayton Hudson have agreed to all the conditions, it
just remains for the documents to be drafted. He has been assured they will be
completed tomorrow. In clarification of the time extension to 1991, they are still
agreeing to the same dollar value of construction in 1990 even if all of the square
footage is not built until 1991.
MOTION: of Humphrey, seconded by Goodwin, adopting Resolution No.
1989-218 approving anAgreement with Dayton Hudson Corpor-
ation concerning transfer of property from Ryan Construction
and improvements to be constructed and authorizing the Mayor
and Clerk to sign the same. Ayes - 5 - Nays - O.
RES. 1989-218
DAYTON HUDSON
AGREEMENT
RES. 1989~219
AMEND RYAN
CONTRACT FOR
DEVELOPMENT
RES. 1989-220
SOUTHPORT PLAT
WAIVER
MOTION: of Humphrey, seconded by Goodwin, adopting Resolution No.
1989-219 approving an amended Contract for Private Develop-
ment with Ryan Construction, extending the commitment to
build 210,000 square feet until 1991, and authorizing the
Mayor and Clerk to sign the same subject to approval of the
City Attorney and Administrator. Ayes ~ 5 - Nays - 0.
MOTION: of Goodwin, seconded by Holton, adopting Resolution No. 1989-
220 granting a temporary waiver of platting on the Southport
Centre property to allow transfer of title, on a metes and
bounds description basis, prior to filing the final plat.
Ayes - 5 - Nays - O.
CITY OF APPLE VALLEY
Dakota County, Minnesota
October 12, 1989
Page 7
MOTION: of Goodwin, seconded by Humphrey, adopting Resolution No.
1989-221 approving the final plat and subdivision agreement
for Southport Centre and authorizing the Mayor and Clerk to
sign the same. Ayes - 5 - Nays - 0.
RES. 1989-221
FINAL PLAT
SOUTHPORT CENTRE
RES. 1989-223
BUILDING PERMIT
SOUTHPORT PHSE I
MOTION: of Goodwin, seconded by Holton, adopting Resolution No. 1989-
223 authorizing issuance of a building permit for Southport
Centre Phase I, on Lot 1, Block 1, Southport Centre, as
recommended by the Planning Commission, subject to conditions
as listed.
Mr. Kelley reviewed the recommended conditions of the building permit. Dennis
Anderson, of Target's Architecture Department, was present and reviewed a model of
the building. He said they have not selected a name for the store yet. Rather
than using metal screening of the rooftop units, they would prefer to raise the
parapet walls on the front and sides by two feet and accomplish the visual
screening. The retaining wall around the loading docks will be raised ten feet to
screen the trucks and garbage area.
Mayor Branning asked where shopping carts will be stored? Mr. Anderson said there
will be corrals in the parking lot and the remainder will be inside. When they are
not in use, they may be stored outside on either side of the entrance doors. Mr.
McHale said this question has not been totally addressed, but a four-foot masonry
wall could be used for screening in these areas.
Vote was taken on the motion. Ayes ~ 5 - Nays - 0.
The Council received a petition from residents of the Briar Oaks area BRIAR OAKS
requesting a reduction in the present 30-mile per hour speed limit. SPEED LIMITS
Mr. Gretz noted that speed limits are set by MnDOT which has been
reluctant to lower speed limits to less than 30 miles per hour unless there are unusual
circumstances. There has been discussion by the Legislature to allow 25-mile per hour
speed limits in residential areas and such a request may give impetus to the movement.
MOTION: of Savanick, seconded by Goodwin, adopting Resolution No.
1989-224 requesting the Minnesota Department of Transpor-
tation to review speed limits on 121st Street and on Gantry
Lane in the Briar Oaks area. Ayes - 3 - Nays - 2 (Branning
and Holton).
RES. 1989-224
BRIAR OAKS
SPEED STUDY
DENY COLDWELL
BANKER SIGN
VARIANCE
MOTION: of Goodwin, seconded by Holton, accepting the Planning
Commission's recommendation and denying a request by Coldwell
Banker for a sign variance at 14990 Glazier Avenue.
Mr. Welsch said the building has an existing ground sign and is allowed an
additional building sign. The intent of the ordinance is to identify the building
via a ground sign and the tenants on the building sign. The building owner said it
would forego the building sign if additional signage is allowed on the ground sign.
Mr. Sheldon said the ordinance makes provisions for a variance, but not for trading
one sign for another.
CITY OF APPLE VALLEY
Dakota County, Minnesota
October 12, 1989
Page 8
Garfield Clark, representing the building owner, was present and said a local
attorney would be the tenant, but he will not relocate to the building unless he
can have the signage. The tenant will not agree to the building sign because he
believes they are visual clutter. Ths variance request is for 15 squats feet on
the ground sign and the 40 square feet allowed on the building will not be used.
They would use the variance only if this attorney becomes a tenant.
Councilmember Goodwin asked if this would be a precedent for other buildings? Mr.
Welsch said that is a concern. Councilmember Humphrey said he does not agree with
sign variances and if there is a problem, it should be looked at and the ordinance
changed if necessary.
Vote was taken on the motion. Ayes - 5 ~ Nays ~ O.
Mr. Welsch reviewed a proposed ordinance establishing performance NEIGHBORHOOD
standards in neighborhood center zoning districts. It provides for CENTER PERFORM-
specific locations requirements and size, landscaping, lighting, ANCE STANDARDS
architectural design provisions, a more detailed definition of a
restaurant and a limit on hours of operation unless extended by a conditional use
permit. The Council discussed whether hours of operation should be restricted from
6:00 a.m. to 11:00 p.m and what circumstances would allow longer hours. Mr. Welsch
said the ordinance would establish finite standards but allow the Council to set
extended hours by permit. The purpose is to make such centers compatible with the
surrounding neighborhood.
MOTION: of Goodwin, seconded by Savanick, passing Ordinance No. 462
amending Sections A1-3, A1-35 and A1~35.1 of Appendix A of
the City Code by amending the definition of "restaurant" and
establishing performance standards in Neighborhood Center,
"NC" and "NC-1", zoning districts, as recommended by the
Planning Commission, except limiting hours of operation from
6:00 a.m. to 1:00 a.m. Ayes ~ 5 - Nays - 0.
ORDINANCE 462
NEIGHBORHOOD CTR
PERFORMANCE
STANDARDS
RESIDENTIAL
PARKING
PROVISIONS
MOTION: of Holton, seconded by Savanick, amending Section A1-61(d) of
Appendix A of the City Code related to number of and
conditions under which vehicles maybe parked or stored in
restdential areas, as recommended by the Planning Commission
and Urban Affairs Committee, except paragraphs 2 and 3 under
Section A1-61(d)(4)(ii).
Mr. Welsch reviewed the ordinance as recommended. Councilmember Holton said his
motion removes paragraphs 2 and 3 because he believes non-motorized vehicles should
not be included in the restrictions. Mayor Branning said he concurs with the
Planning Commission's and Urban Affairs Committee's recommendation and all vehicles
should be addressed. The Council debated tho merits of requiring surfaced areas
for parking, allowing crushed rock for surfacing and whether that requirement
really addresses the problem.
CITY OF APPLE VALLEY
Dakota County, Minnesota
October 12, 1989
Page 9
Jeff Weldon, of the Urban Affairs Committee, was present and said the Committee
included all vehicles, in considering the ordinance, because it believed that was
the Council's direction. Trailers and other vehicles are contributing to the weed
problem where they are parking in backyards. In addition, the provisien of parking
vehicles within 25 feet of the residence would not allow vehicles te be parked in
the back of a lot and forgotten.
Councilmember Goodwin questioned how the conditions for crushed rock would be
defined; i.e., how large, deep, etc. Councilmember Savanick said the surfaced area
should be further defined as to how much of a vehicle can overhang the surface.
Councilmember Savanick called fer a vote en the question. Vote
was taken on the motion. Ayes - 1 (Savanick) - Nays - 4.
MOTION: of Humphrey, seconded by Goodwin, tabling the motion until
the parking surface issues are clarified. Ayes - 4 - Nays
1 (Savanick).
TABLE MOTION
INFORMAL &
SPECIAL MEETINGS
Mr. Melena reminded the Council of the special meeting at 12:00 noon
on October 17, 1989, for the City's bond sale. He also distributed
a proposed agenda for the October 19, 1989, informal meeting set for
6:00 p.m. at City Hall.
Mr. Sheldon advised the Council that the Court of Appeals issued its PALOMINO TWNHSE.
decision in the St. Croix Development/Wellington Management lawsuit. ST. CROIX SUIT
The Court of Appeals reversed the Trial Court's decision and ruled in
favor of the City. He distributed copies of his letter dated October 10, 1989,
detailing the decision to the Council.
MOTION: of Holton, seconded by Goodwin, to pay the claims and bills,
checks numbered 71115 through 71200, 71203 through 71291,
71303 through 71316, 71563 through 71614, 71620, 71622
through 71654, 71663 through 71675 and 71685 through 71825,
in the total amount of $4,188,068.75. Ayes - 5 - Nays - 0.
CLAIMS & BILLS
MOTION: of Holton, seconded by Savanick, to adjourn. Ayes - 5 - Nays - 0.
The meeting was adjourned at 10:47 o'clock p.m.