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HomeMy WebLinkAbout01/13/1994CITY OF APPLE VATX.~Y Dakota County~ Minnesota January 13, 1994 Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota, held January 13th, 1994, at 8:00 o'clock p.m. at Apple Valley City Hall. PRESENT: Mayor Brauning (attended at 8:24 p.m.); Counctlmembers Erickson, Goodwin, Humphrey, and Sterling. ABSENT: None. City staff members present were: City Administrator Melena, City Clerk Mueller, City Attorney Sheldon, City Engineer Gordon, Finance Director Ballenger, Personnel Director Boland, Community Development Director Gretz, Parks and Recreation Director Johnson, City Planner Kelley, Public Works Director Miranowskt and Police ~hief Rivers. Acting Mayor Sterling called the meeting to order at 8:00 p.m. The Councilmsmbers and everyone in attendance took part in the pledge of allegiance to the flag. MOTION: of Ertckson, seconded by Goodwin, approving the agenda for tonight's meeting as amended. Ayes - 4 - Nays - 0. APPROVE AGENDA Pat Johnson, Chair of the 25th Anniversary Gommlttee, was present and 25TH SILVER commented on events planned, throughout 1994, to commemorate the ANNIVERSARY City's silver anniversary. The kick-off event will he an open house January 22, 1994, at the County Western Service Center Atrium with dedication of the City's new Law Enforcement Center at 2:00 p.m. Other members of the Committee present were Vern Yetzer, Alan Kohls, Marlys Gage and Merrily Tipler. MOTION: of Erickson, seconded by Goodwin, adopting Resolution No. 1994-1 proclaiming the year 1994 to be "Apple Valley's Twenty-Fifth Anniversary". Ayes - 4 - Nays - 0. RES. 1994-1 PROCLAIM 25TH AUDIENCE DISC. CONSENT AGENDA PROCLAIM CHILD PASSENGER SAFETY AWARE. Acting Mayor Sterling asked if anyone 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 Goodwin, seconded by Humphrey, moving consideration of the December 29, 1993, minutes to the regular agenda and approving all remaining items on the consent agenda. Ayes - 4 - Nays - 0. CONSENT AGENDA ITEMS MOTION: of Goodwin, seconded by Humphrey, proclaiming February 13 to 19, 1994 as "Child Passenger Safety Awareness Week" and encouraging use of child car safety seats and seat belts. Ayes - 4 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota January 13, 1994 Page 2 MOTION: MOTION: MOTION: MOTION: MOTION: MOTION: MOTION: MOTION: MOTION: MOTION: of Goodwtn, seconded by Humphrey, adopting Resolution No. 1994-2 accepting, with thanks, the donation of $100.00 from Lutheran Brotherhood, Dakota Branch #8011, for the Police Department D.A.R.E. Program. Ayes - 4 - Nays - 0. of Goodwiu, seconded by Humphrey, adopting Resolution No. 1994-3 accepting, with thanks, the donation of $50.00 from North Star Concrete Company for the Fire Department. Ayes - 4 - Nays - 0. of Goodwin, seconded by Humphrey, adopting Resolution No~ 1994-4 accepting, with thanks, the donation of $2,000.00 from Valley United Soccer Club and Valley Athletic Association for renovation of the Hayes Park "pumphouse" soccer field. Ayes - 4 - Nays - 0. of Goodwin, seconded by Humphrey, authorizing the expend- iture of $4,000.00 from the Council Contingency Fund to increase support for the Chamber of Commerce to $10,000 as described in the City Administrator's memo dated January 10, 1994. Ayes - 4 - Nays - 0. of Goodwin, seconded by Humphrey, authorizing the expend- iture of $5,000.00 to fund the Twenty-Fifth Anniversary Committee's program as described in its request dated January 10, 1994. Ayes - 4 - Nays - 0. of Goodwin, seconded by Humphrey, approving use of the City's logo by the Twenty-Fifth Anniversary Committee as described in its request dated January 10, 1994. Ayes - 4 - Nays - 0. of Goodwin, seconded by Humphrey, receiving notice of the Chamber of Commerce's intent to contribute $4,000.00 to the Twenty-Fifth Anniversary Committee. Ayes - 4 - Nays - 0. of Goodwin, seconded by Humphrey, adopting Resolution No. 1994-5 designating Thisweek Newspapers/Dakota County Tribune as the official newspaper of the City for the year 1994. Ayes - 4 - Nays - 0. of Goodwin, seconded by Humphrey, adopting Resolution No. 1994-6 appointing the firm of Juran & Moody, Inc., to act as the City's bond consultant for the year 1994. Ayes - 4 - Nays - O. of Goodwin, seconded by Humphrey, adopting Resolution No. 1994-7 accepting collateral and designating First Bank of Apple Valley as the official depository for City funds for the year 1994. Ayes - 4 - Nays - 0. RES. 1994~2 D.A.R.E. DONATION RES. 1994-3 FIRE DEPT. DONATION RES. 1994-4 SOCCER FIELD DONATION CaArmER/ CONTINGENCY FUNDING 25TH ANNIVER. COMMITTEE FUNDING 25THANNIVER. COMMITTEE LOGO CHAMBER/25TH COM. FUNDING RES. 1994-5 OFFICIAL NEWSPAPER RES. 1994-6 BOND CONSULTNT RES. 1994-7 0FFIGIAL DEPOSITORY CITY OFAPPLEVA~.T.RY Dakota County, Minnesota January 13, 1994 Page 3 MOTION: MOTION: MOTION: MOTION: MOTION: MOTION: MOTION: MOTION: of Goodwin, seconded by Humphrey, adopting Resolution No. 1994-8 designating as additional depositories for City funds for the year 1994: First National Bank of Minneapolis; Marquette Bank; Norwest Bank; Juran & Moody; Dain Bosworth; For Sight Capital Management; Edward D. Jones & Go.; Great Pacific-Ernst & Co.; Westcap Government Securities; Piper Jaffray & Hopwood; Midway National Bank of Apple Valley; First Bank Appte Valley; Smith Barney Shearson; and GSC Group, Inc,, of Texas. Ayes - 4 - Nays - O. of Goodwin, seconded by Humphrey, adopting Resolution No. 1994-9 supporting an application for Federal grant funding of the High Speed Bus Project. Ayes - 4 - Nays - 0. of Goodwin, seconded by Humphrey, adopting Resolution No. 1994-10 approving renewal of a gambling premises permit for Apple Valley American Legion Post 1776, at 14521 Granada Drive, by the Minnesota Gambling Control Board. Ayes - 4 - Nays - 0. of Goodwin, seconded by Humphrey, adopting Resolutions No. 1994-11, 1994-12, 1994-13 and 1994-14 approving Applications for Exemption from Gambling Licenses for Sons of American Legion 1776 for events on February 4 and 11; March 4 and July 4, 1994. Ayes - 4 - Nays - 0. of Goodwin, seconded by Humphrey, approving the Agreement with the City of Eagan for Operation of the Public Safety Mobile Data Communication System and authorizing the Mayor and Clerk to sign the same. Ayes - 4 - Nays - 0. of Goodwin, seconded by Humphrey, approving the Joint Powers Agreement with the Cities of Burnsville, Eagan, Lakeville, Rosemount and Savage for 1994 Traffic Markings, Street Sweeping and Sealcoating Services and authorizing the Mayor and Clerk to sign the same. Ayes - 4 - Nays - 0. of Goodwin, seconded by Humphrey, approving Change Order No. 3 (revised) to the contract with McNamara Contracting Co. for Project 93-405, 1993 Street Maintenance, in the amount of an additional $42,061.25 for the pond at the northwest corner of County Road 42 and Pilot Knob Road. Ayes - 4 - Nays - 0. of Goodwin, seconded by Humphrey, approving Change Order No. 2 to the contract with Annandale Contracting for Project 93- 406, Cedar Pointe Improvements, in the amount of an additional $1,942.00. Ayes - 4 - Nays - 0. RES. 1994-8 ADDITIONAL DEPOSITORIES RES. 1994-9 HIGH SPEED BUS GRANT APP. RES. 1994-10 RENEW LEGION GAMBLING PEP, MT RES. 1994-11 TO 14 GAMBLING EXEMPTIONS EAGAN MDT AGREEMENT J.P. AGREEMENT TRAFFIC MARK/ STREET SWEEP. CHANGE ORDER 3 PROJ. 93-405 CHANGE ORDER 2 PROJ. 93-406 CITY OF APPLE VALLEY Dakota Gounty, Minnesota January 13, 1994 Page 4 MOTION: MOTION: MOTION: MOTION: MOTION: MOTION: MOTION: MOTION: MOTION: MOTION: of Goodwin, seconded by Humphrey, approving Change Order No. 2 to the contract with Erfckson Construction for Project 93- 408, The Woodwinds Improvements, in the amount of an additional $21,858.42 for the pond at the northwest corner of County Road 42 and Pilot Knob Road. Ayes - 4 - Nays - 0. of 8oodwin, seconded by Humphrey, approving Change Order No. 1 to the contract with Hydrocon, Inc., for Project 93-431, Morningvtew 9th Addition Improvements, in the amount of an additional $13,651.00. Ayes - 4 - Nays - 0. of Goodwtn, seconded by Humphrey, approving change orders to contracts for Police Facility construction, as listed in the Personnel Director's memo dated January 13, 1994, in the amount of an additional $1,141.00. Ayes - 4 - Nays - O. of Goodwin, seconded by Humphrey, approving Change Order No. 1 to the contract with United Telephone for the Enhanced 9- 1-1 Emergency Telephone System in the amount of a $2,132.92 deduction. Ayes - 4 - Nays - 0. of Goodwin, seconded by Humphrey, accepting Project 93-405, 1993 Street Maintenance, as final and authorizing final payment on the contract with McNamara Contracting' in the amount of $42,561.25. Ayes - 4 - Nays - 0. of Goodwin, seconded by Humphrey, accepting Project 93-406, Cedar Pointe Improvements, as final and authorizing final payment on the contract with Annandale Contracting in the amount of $10,051.22. Ayes - 4 - Nays - 0. of Goodwin, seconded by Humphrey, accepting Project 93-414, Rodeo Hills 2nd Addition Improvements, as final and authorizing final payment on the contract with Volk Sewer & Water in the amount of $4,688.20. Ayes - 4 - Nays - 0. of Goodwin, seconded by Humphrey, accepting Project 93-431, Morningview 9th Addition Improvements, as final and authorizing final payment on the contract with Hydrocon, Inc., in the amount of $7,072.39. Ayes - 4 - Nays - 0. of Goodwin, seconded by Humphrey, approving hiring the seasonal employees as listed in the Personnel Report dated January 13, 1994. Ayes - 4 - Nays - 0. of Goodwin, seconded by Humphrey, approving an additional full-time dispatcher position and authorizing recruitment for the same, as described in the Personnel Report dated January 13, 1994. Ayes - 4 - Nays - 0. CHANGE ORDER 2 PROJ. 93-408 CHANGE ORDER 1 PROJ. 93-431 CHANGE ORDERS POLICE STN. CHANGE ORDER 1 9-1-1 SYSTEM FINAL PROJ. 93-405 FINAL PAYMENT PROS. 93-406 FINAL PAYMENT PROJ. 93-414 FINAL PAYMENT PROJ. 93-431 HIRE SEASONAL EMPLOYEES ADD POLICE DISPATCHER CITY OF APPLEVAT3.~Y Dakota County, Minnesota January 13, 1994 Page 5 END OF CONSENT AGENDA MOTION: of Ertckson, seconded by Goodwin, approving the minutes of DEC. 29, 1993 the regular meeting of December 29th, 1993, as corrected on ~INUTES pages 5 and 6. Ayes - 3 - Nays o 0 (Humphrey Abstained). Mr. Melena reviewed his memo dated January 5, 1994, concerning payment for the central youth athletic complex land located south of 140th Street and east of the Central Maintenance Facility. He also reviewed YOUTH ATHLETIC COMPLR~. SITE surrounding property subject to future park and ponding dedication requirements which would generate $699,541 toward payment for the land. The Council received a s,,mmary of current development projects showing park dedication projected cash flow of $393,720.02. Councilmember Sterling asked about maintaining a $500,000 minimumbalance in the park dedication fund? Mr. Melena said the balance and policy on expenditures were established by Council resolution and are subject to modification by the Council. MOTION: of Goodwin, seconded by Humphrey, adopting a resolution establishing a Central Athletic Complex Escrow Fund consisting of transfers of $220,459 from the General Fund, $220,000 from the Park Dedication Fund, and $669,541 from the CIP Development Fund; with the CIP Developmen~ Fund repaid by future park and pond dedication; and authorizing the City Administrator and Finance Director to expend such funds for purchase of the property. ATHLETIC COMPLEX ESCROW FUND Councilmember Humphrey expressed reservations about some sources of the proposed funding. Since cash has been accepted in lleu of park land, it should be used for purchase of land. A new park maintenance fund, of $250,000, could be established and the existing park dedication fund used for land purchases. Councilmember Goodwin said he would like to buy the land, but is concerned about ongoing improvements. A park maintenance fund would allow for that. Councilmember Erickson asked whether there will be adequate parks for the surrounding new development if cash is accepted instead of land. Mr. Melena reviewed a map of the area showing the proximity of existing parks and the proposed athletic complex. (Mayor Branning attended during this time.) MOTION: of Humphrey, seconded by Goodwin, substituting and adopting Resolution No. 1994-15 establishing a Central Athletic Complex Escrow Fund consisting of a transfer of $440,459 from the ParkDedication Fund and $669,541 from the CIP Development Fund; with the CIP Development Fund repaid by future park and pond dedication; and authorizing the City Administrator and Finance Director to expend such funds for purchase of the property. RES. 1994-15 ATHLETIC COMPLEX ~SCROW FUND CITY OF APPLE VALLEY Dakota County, Minnesota January 13, 1994 Page 6 Councilmember Humphrey said he is concerned about including ponding dedication in the language and it should be recognized that these funds may be have to be made up in the future. Mr. Melena said the intent is that use of these funds will be a one time action for purchase of this site only. Vote was taken on the motion. Ayes - 5 - Nays - 0. MOTION: of Goodwtn, seconded by Humphrey, adopting a resolution PARK MAINTENC. establishing an ongoing Park Maintenance ~und with a balance FUND of $250,000. MOTION: of Branning, seconded by Goodwin, tabling establishmentof a Park Maintenance Fund until January 27, 1994, to review funding sources for such a fund. Ayes - 5 - Nays - 0. TABLE PARK MAINTENC. FUND Mr. Melena reviewed the memo dated January 10, 1994, concerning brush WMS. PIPELINE and tree removal on the Williams Brothers Pipeline easement between EASEMENT County Road 38 and 137th Street. Mr. Johnson said some trees will be removed in Faith and Findlay Parks. Mayor Branning asked if homeowners, whose property will be affected, have been notified? Andrew Nimick, of Williams Brothers, was present and said he understood, aside from the Zoo property, the work would be primarily in the parks. If residential property is involved they will be contacted. He explained'that Williams is regulated by the Federal Department of Transportation and they are required to do surface inspections of pipeline easements. To do that, rights-of-way have to be cleared. It is their practice to have communication with landowners when clearing is going to be done. Mr. Melena introduced Mary Calvin who was elected Fire Chief by the Fire Department membership on January 9, 1994. He Joined the Fire Department in 1986, after moving to Apple Valley, and was District Chief at Station No. 3. FIRE CHIEF ELECTION FIRE CHIEF CONFIRMATION MOTION: of Goodwin, seconded by Sterling, confirming election of Mary Calvin as Fire Chief for a three-year term ending in January of 1997, as provided in City Code Section 10-13(a). Ayes - 5 - Nays - 0. Mayor Branning called the public hearing to order at 8:48 p.m. to PUBLIC HFJ~RIN~ consider Project 94-447, Water Trunks Serving Eastern Apple Valley, PROJ. 94-447 and noted receipt of the affidavit of publication of the hearing notice. Mr. Gordon reviewed the preliminary engineering report on installation of two water mains. He noted that it is not proposed to specially assess benefitted property for the improvements at this time, but when the property develops. Andrew Nimick, of William Brothers Pipeline, was present and said they want to be sure their property benefits if it is going to be assessed. Mr. Gordon said the trunk water assessment is a per acre rate, adjusted annually. He noted that CITY OF APPLEVA~3.~Y Dakota County, Minnesota January 13, 1994 Page 7 Williams Brothers has already been contacted about construction along its property on County Road 42. The Mayor asked for questions or comments from the Council and the public. There were none and the hearing was declared closed at 8:57 p.m. MOTION: of Goodwin, seconded by Ertckson, adopting Resolution No. 1994-16 ordering installation of Project 94-447, Water Trunks Serving Eastern Apple Valley. Ayes - 5 - Nays - 0. RES. 1994-16 ORDER PROJ. 94-447 CENTEX/FISCHER DEVELOPMENT Mr. Kelley reviewed the Planning Commission report on the Centex/ Fischer residential development proposed for the area north of 140th Street between Fountain Court and Findlay Avenue tabled from December 29, 1993. Dan Blake, of Centex Homes, was present to describe the proposal. They are paying for a pathway connection in the park and sidewalk on Flint Lane and he asked that the policy not be changed for this development. He commented on reasons for the cul de sacs. They prefer the connection to future Ferris Avenue at the 138th Street location, but it could be moved south if desired. MOTION: of Goodwin, seconded by Humphrey, adopting Resolution No. 1994-17 approving the preliminary plat of the Centex/Fischer development, as presented, with a pathway through the park and sidewalk on the south side of Flint Lane/137th Street, and directing preparation of a subdivision agreement with conditions listed in the draft resolution. RES. 1994-17 CENTEX/FISCHER ~RELIM. PLAT Gouncilmember Sterling agreed the sidewalk policy should not be changed in the middle of a development, but believes the interior looped street will be a major pedestrian way. A path in the park will not benefit residents of this development. Councilmember Erickson concurred with the need for sidewalk on one side of the street and should be a trade-off for cul de sacs. The Council discussed traffic volumes on collector streets, where sidewalks are required. It would have up to 6,000 trips per day. Traffic on these streets is not projected to exceed 1,000 trips per day. Mayor Branning said if the Council wants sidewalk on the street, it should be made a collector street. Otherwise, access should be provided to get people east so they can cross 140th Street at the future signalized intersection on Ferris. MOTION: of Erickson, seconded by Sterling, amending the foregoing motion by designating Flagstaff/Florida Avenue as a col- lector street with sidewalk. Ayes - 0 - Nays - 5. Failed. AMEND MOTION FAILED AMEND MOTION FAILED MOTION: of Sterling, seconded by Erickson, amending the foregoing motion by requiring sidewalk on one side of Flagstaff Avenue and 139th Street and extending 139th Street east to future Ferris Avenue. Ayes - 2 (Erickson and Sterling) - Nays - 3. Failed. CITY OF APPLE VAT3,F~ Dakota County, Minnesota January 13, 1994 Page 8 MOTION: of Humphrey, seconded by Branning, amending the foregoing AMEND MOTION motion by extending 139th Street east to connect to future Ferrls Avenue and eliminating the 138th Street connection. Ayes - 5 - Nays - 0. Vote was taken on the motion as amended. Ayes - 5 - Nays - 0. Mr. Kelley reviewed the report and Planning Commission recommendation HUNTERS WOOD on an amendment to the Hunters Wood Planned Development. With reali- P.D./PALOMINO gnment of the Palomino Drive/County Road 11 intersection, the property DRIVE AMEND owner is requesting removal of the "hotel first" condition on motor fuel sales and additional retail uses. Ray Connelly, representing the property owner, was present to explain the request. Mayor Branning asked if there is a limit on the amount of retail space? Mr. Kelley said grocery/dairy use is limited to 3,000 square feet but not total retail. Mayor Branning said whatever use is proposed, he would like design criteria. He does not want to see the site developed as a strip center. MOTION: of Humphrey, seconded by Goodwin, adopting Resolution No. 1994-18 authorizing submitting the Comprehensive Plan amendment (from VB to VB/MD) for Hunters Wood, P.D. No. 144, to the Metropolitan Council, as recommended by the Planning Commission, subject to further consideration by the City Council after Metropolitan Council approval - 5 - Nays - 0. RES. 1994-18 COMP. PLAN AMEND WOOD MOTION: of Humphrey, seconded by Erickson, directing Staff to prepare an ordinance amending Hunters Wood Planned Development No. 144, as recommended by the Planning Commission, and prepare necessary agreements with conditions, including removing the "hotel first"provision and placing maximums on commercial uses including 3,000 square feet for grocery/dairy use. Ayes - 5 - Nays - 0. PREPARE HUNTER WOODS P.D. AMENDMENTS PAL.DR./CR 11 PRELIM. REPORT MOTION: of Humphrey, seconded by Goodwin, directing the Engineer to prepare a preliminary feasibility report for realignment of the Palomino Drive/County Road 11 intersection. Councilmember Humphrey asked the Engineer to contact the land owners about starting the new curve on Palomino Drive farther east than shown on sketches. Vote was taken on the motion. Ayes - 5 - Nays - 0. Mr. Melena commented on the proposed rezoning at the northwest corner ENDERES TOOLS of County Road 42 and Pilot Knob Road. Enderes Tools has now indicated REZONING it is prepared to proceed and will sign the necessary agreement by February 15, 1994. CITY OFAPPLEVAT~.~Y Dakota County, Minnesota January 13, 1994 Page 9 MOTION: of Sterling, seconded by Humphrey, passing Ordinance No. 564 rezoning property at the northwest corner of County Road 42 and Pilot Knob Road (also known as the Enderes Tools site) from "A" (agriculture) to "BP" (business park) as recom- mended by the Planning Commission. Ayes - 5 - Nays o 0. ORDINANCE 564 REZONE ENDERES TOOLS TO BP TOWING CONTRC. ORDINANCE SECOND RE~DING ORDINANCE 565 TOWING CONTRC. RES. 1994-19 STERLING ACTING'MAYOR Mr. Melena gave the second reading of ordinance amending City Code Section 19-77 concerning designation of vehicle towing contractor for the City. The language would provide that the council designate one or more contractors to serve at the pleasure of the council on such terms and conditions as it may desire. MOTION: of Goodwin, seconded by Erickson, passing Ordinance No. 565 amending City Code Section 19-77 concerning City Council designation of contractor for towing and impoundment of motor vehicles. Ayes - 5 - Nays - 0. MOTION: of Humphrey, seconded by Goodwin, adopting Resolution No. 1994-19 appointing Gouncilmember Sterling to serve as Acting Mayor, in the absence of the Mayor, for the year 1994. Ayes - 5 - Nays - 0. Mr. Melena reviewed his memo dated December 27, 1993, concerning se- POLICE CHIEF lection process for a new Police Chief. In addition to requesting RECRUITMENT proposals from recruitment consultants, there are institutions special- izing in police science that could be brought in to brief the Council on how those organizations operate. Councilmember Humphrey said he would be interested in a management review to help the Council with its deliberations in the selection process. Mr. Melena said a recruitment consultant could be used for that as well and be made part of the RFP. MOTION: of Humphrey, seconded by Goodwin, authorizing the City Administrator to proceed with a request for proposals for a recruitment consultant to assist in the Police Chief replacement process and provide information for assistance with review of existing organization operations. Ayes - 5 - Nays - 0. RFP POLICE RECRUITMENT CONSULTANT The Council received the City Clerk's memo dated Dscember 27, 1993, MILEAGE concerning the travel policy and mileage reimbursement for elected REIMBURSEMENT officials tabled from December 29, 1993. Councilmember Goodwin noted that Federal regulations set mileage reimbursement at $.29 per mile for 1994. MOTION: of Humphrey, seconded by Erickson, adopting Resolution No. 1994-20 amending the travel policy for elected officials' allowing mileage reimbursement for City-related travel within the Metro Area, to functions sponsored by organiza- tions of which the City is a member, or in performance of Gity business. RES. 1994-20 AMEND TRAVEL POLICY CITY OF APPLE VALLEY Dakota County, Minnesota January 13, 1994 Page 10 The Council discussed recordkeeping requirements necessary to submit mileage reimbursement claims for payment. Councilmember Sterling said she would prefer a monthly car allowance. Vote was taken on the motion. Ayes - 4 - Nays - 1 (Sterling). It was noted that the second reading of a proposed ordinance, adding Section 2-3 to the City Code, establishing the mayoral term of office as four years was given December 29, 1993. MAYORAL TERM ORDINANCE 566 SETTING MAYORAL TERM ENDERES TOOLS TAX INCREMENT AMENDMENT PREPARE COMPUTER NETWORK RFP ADMINISTRATOR MILITARY LEAVE MOTION: of Goodwin, seconded by Sterling, passing Ordinance No. 566 adding Section 2-3 to the City Code establishing the term of office of the Mayor as four years commencing with the ensuing term after the effective date of the ordinance. Ayes - 4 - Nays - 0 (Eriekson Abstained). The Council received a copy of a letter of transmittal dated January 11, 1994, to the School District and the County informing them of the proposed tax increment financing plan amendment for Enderes Tools. The hearing on it has been set for February 10, 1994. MOTION: of Humphrey, seconded by Sterling, authorizing up to $1,000 to contract with Bob Bro for preparation of a request for proposals for local and wide area computer networking, as described in the City Administrator's memo dated January 13, 1994. Ayes - 5 - Nays - 0. MOTION: of Humphrey, seconded by Erickson, approving the City Administrator's military leave, from January 23 through February 6, 1994, as described in his memo dated January 13, 1994. Ayes - 5 - Nays - 0. The Council received a status report on the LGA Contingency Fund. It LGA CONTINGENT shows a current balance of $193,370. FUND BALANG~ Councilmember Goodwin advised the Council he was contacted by Ed Waters DAIRY QUEEN of Dairy Queen. They are negotiating with current franchisees to add UPDATE a location in Apple Valley and are still interested in the site. Mayor Branning advised that he attended the Dakota League of Govern- ments meeting in Mendota Heights. The next meeting will be February 2, 1994, in Burnsville. DAKOTA LEAGUE MEETINGS TEMPORARY ACTING MAYOR LEGISLATIVE MEETING MOTION: of Goodwin, seconded by Humphrey, appointing Councilmember Ertckson as temporary Acting Mayor from January 18 to 20, 1994, in the absence of the Mayor and Acting Mayor. Ayes 5 - Nays - 0. Mayor Branning said a meeting with local legislators will be held on January 26, 1994, at 7:00 a.m., at the Zoo. CITY OF APPLE VALLEY Dakota County, Minnesota January 13, 1994 Page 11 The Council agreed that appointment to fill the vacant position on the Planning Commission should be scheduled on the January 27th agenda. MOTION: of Humphrey, seconded by Erickson, to pay the claims and bills, check registers dated January 6, 1994, in the amount of $2,295,405.56; and January 13, 1994, in the amount of $1,116,029.08. Ayes - 5 - Nays - 0. MOTION: of Erickson, seconded by Goodwin, to adjourn. Ayes - 5 - Nays - 0. The meeting was adjourned at 11:10 o'clock p.m. PLANNING COM. APPOINTMENT CLAIMS & BILLS