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HomeMy WebLinkAbout02/22/2007 CITY OF APPLE VALLEY Dakota County, Minnesota February 22, 2007 Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota, held February 22nd, 2007, at 8:00 o’clock p.m., at Apple Valley Municipal Center. PRESENT: Mayor Hamann-Roland; Councilmembers Bergman, Erickson, Goodwin, and Grendahl. ABSENT: None. City staff members present were: Assistant City Administrator Grawe, City Clerk Gackstetter, City Attorney Hills, Assistant City Engineer Bennett, Finance Director Ballenger, Public Works Director Heuer, Parks and Recreation Director Johnson, Police Chief Johnson, City Planner Lovelace, Police Captain Marben, Community Development Director Nordquist, Police Captain Rechtzigel, and Human Resources Manager Strauss. Mayor Hamann-Roland called the meeting to order at 8:00 p.m. Everyone took part in the Pledge of Allegiance to the flag. APPROVAL OF AGENDA MOTION: of Erickson, seconded by Grendahl, approving the agenda for tonight’s meeting as written. Ayes - 5 - Nays - 0. AUDIENCE Mayor Hamann-Roland asked if anyone was present to address the Council, at this time, on any item not on this meeting’s agenda. No one requested to speak. CONSENT AGENDA Mayor Hamann-Roland asked if the Council or anyone in the audience wished to pull any item from the consent agenda. There were no requests. MOTION: of Grendahl, seconded by Bergman, moving item 4.I – Resolutions Awarding Contracts for Various Telecommunication Services to the regular agenda, and approving all remaining items on the consent agenda. Ayes - 5 - Nays - 0. CONSENT AGENDA ITEMS MOTION: of Grendahl, seconded by Bergman, approving the minutes of the regular meeting of February 8, 2007, as written. Ayes - 5 - Nays - 0. Resolution No. 2007-23 MOTION: of Grendahl, seconded by Bergman, adopting approving issuance of a lawful gambling exempt permit, by the State Gambling Control Board, to Apple Valley Sons of the American Legion Squadron 1776, for use on CITY OF APPLE VALLEY Dakota County, Minnesota February 22, 2007 Page 2 April 14, 2007, and waiving any waiting period for State approval. Ayes - 5 - Nays - 0. Resolution No. 2007-24 MOTION: of Grendahl, seconded by Bergman, adopting approving issuance of a lawful gambling exempt permit, by the State Gambling Control Board, to Apple Valley Sons of the American Legion Squadron 1776, for use on July 4, 2007, and waiving any waiting period for State approval. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Bergman, approving a change in manager for Minnesota Robins, Inc., d/b/a Red Robin, in connection with the On-Sale Liquor License at 15560 Cedar Avenue, naming Paul Waldowski as General Manager; as described in the City Clerk’s memo dated February 16, 2007. Ayes - 5 - Nays - 0. Resolution No. 2007-25 MOTION: of Grendahl, seconded by Bergman, adopting setting a public hearing on March 22, 2007, at 8:00 p.m., on the application for On-Sale and Sunday Liquor Licenses by Hiraku Japanese Restaurant, Inc., d/b/a Kami Japanese Restaurant. Ayes - 5 - Nays - 0. Resolution No. 2007-26 MOTION: of Grendahl, seconded by Bergman, adopting setting a public hearing on March 22, 2007, at 8:00 p.m., on the application for On-Sale Wine and 3.2 Percent Malt Liquor Licenses by DAGS Restaurant Holdings, LLC, d/b/a Two Guys from Italy. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Bergman, approving issuance of a 2007 On-Sale 3.2 Percent Malt Liquor License to Joel Watrud d/b/a Apple Valley Golf Course, at 8661 – 140th Street W. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Bergman, approving renewal of the City’s property, liability, workers’ compensation, and umbrella insurance coverage for March 1, 2007, through March 1, 2008, with the League of Minnesota Cities Insurance Trust at a total premium of $758,015.00, as attached to the Finance Director’s memo dated February 16, 2007. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Bergman, approving the Client Services Agreement with Bill Velin of Acordia of Minnesota, Inc., as the Agent of Record from March 1, 2007, through March 1, 2008, at a total premium of $7,000.00, as attached to the Finance Director’s memo dated February 16, 2007. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Bergman, approving the City of Apple Valley Legislative Issues for 2007 as attached to the City Administrator’s memo dated February 16, 2007. Ayes - 5 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota February 22, 2007 Page 3 Resolution No. 2007-27 MOTION: of Grendahl, seconded by Bergman, adopting authorizing disposing of a 1991 single axle plow truck and 1985 sewer jetter truck by advertising for sale by sealed bids, to be opened at 2:00 p.m., on April 5, 2007; with a minimum bid for the plow truck of $19,000.00 and a minimum bid for the sewer jetter truck of $17,000.00. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Bergman, approving Change Order No. 3 to the contract with Matrix Communications, Inc., for City Wide Telephone System Project, deducting a total of $4,357.24. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Bergman, approving the resignation and promotion of full time employees as listed in the Personnel Report and Addendum dated February 22, 2007. Ayes - 5 - Nays - 0. END OF CONSENT AGENDA FISCHER SAND & AGGREGATE EXTENDED HAULING HOURS Mr. Lovelace reviewed his memo dated February 16, 2007, regarding Fischer Sand & Aggregate’s annual excavation permit and mining operations. Fischer is almost done mining of the former Kohl’s property, located south of County Road 42 and east of Pilot Knob Road. Reclamation of this property began in 2006 and is expected to continue this year. The excavation permit is an annual request and it is subject to the applicant adhering to applicable ordinances. Mr. John Ericson, of Fischer Sand & Aggregate, requested extended hauling hours for a bid they are placing on the Crosstown Highway 62/Interstate 35 project. Extended hauling hours will likely begin in May and the project is expected to last three years. In addition to regular hauling hours, the petitioner is requesting they be allowed to operate Monday through Saturday from 6:00 p.m. to 5:00 a.m. MOTION: of Goodwin, seconded by Bergman, approving the application for renewal of commercial extraction permit by Fischer Sand and Aggregate, LLP, for 2007. Ayes - 5 - Nays – 0. MOTION: of Goodwin, seconded by Bergman, approving extended hauling hours for Fischer Sand & Aggregate, LLP, from their main pit located west of Pilot Knob Road and south of County Road 42, beginning May 1, 2007, for three years, Monday through Saturday from 6:00 p.m. to 5:00 a.m. Ayes - 5 - Nays - 0. COBBLESTONE LAKE COMMERCIAL Mr. Lovelace reviewed the request by Ryan Companies and Cobblestone Lake Development, Inc., for a Comprehensive Plan Amendment to the 2020 Land Use Plan and Comprehensive Guide Plan 2020 Update, rezoning of property from Planned Development No. 703/zone 8 to Planned CITY OF APPLE VALLEY Dakota County, Minnesota February 22, 2007 Page 4 Development No. 703/zone 6, approval of a preliminary plat and final plat, and five site plan/building permit authorizations. The 24-acre site is located on the southeast corner of Pilot Knob Road and future 155th Street in the Cobblestone Lake mixed-use development. Plans include an approximately 180,000 square-foot Super Target, as well as two 9,600 square-foot multi-tenant retail/food service buildings and two 7,200 square-foot buildings, one of which will also be a multi-tenant retail/food service building. A letter was received from the Metropolitan Council indicating it does not object to the swap of commercial and medium density residential property. Mr. Lovelace said plans for the proposed cart corrals do not show required landscaping. Staff believes landscaping can be incorporated into the cart corrals and approval should stipulate the building permit will not be issued until a revised cart corral has been filed with and approved by the City. Mr. Lovelace reviewed the site plan, including parking requirements and parking calculation criteria. Due to the expected cross parking of the site, parking was calculated using the total square footage of the buildings versus totaling the parking required for each individual building. Using this method, the site is over parked 92 spaces. The site will have a network of sidewalks connecting the buildings. Mr. Lovelace stated the preliminary plat must be approved prior to the final plat, both of which are being presented to the Council this evening. He further stated the development agreement is a work in progress at this time. It calls out developer responsibilities including development improvements and assessable municipal improvements such as sanitary and storm sewer, and street and sidewalk installation. It also includes 100 percent of the cost of a traffic signal at future 155th Street and Pilot Knob Road and 50 percent of the cost of a traffic signal at 157th Street and Pilot Knob Road. Staff is recommending the Council approve the final plat and subdivision agreement with minor revisions subject to approval by the City Administrator and City Attorney. Mr. Lovelace then reviewed the recommended road connections which will complete the internal street network. Staff recommends the first lift for all the recommended connections be complete prior to issuance of a Certificate of Occupancy for any building. In order for all the roads to be in prior to Target taking occupancy in March 2008, as projected, the road project will have a very aggressive schedule. Mr. Lovelace reviewed the elevation drawings. He stated the petitioner has requested minor modifications to the resolutions presented this evening. Because the changes are so minor in nature and still provide the City with the assurances it is requesting, staff is recommending approval of the resolutions with the minor revisions requested by the petitioner. Councilmember Erickson commented that people do not always use the cart corrals. He asked if there is a mechanism for the City to encourage shoppers to use the cart corrals or to encourage businesses to retrieve carts more frequently. CITY OF APPLE VALLEY Dakota County, Minnesota February 22, 2007 Page 5 Mr. Lovelace noted adding cart corrals reduces the number of parking spaces. Councilmember Erickson said more cart corrals may not help, because people do not use them. He said the best solution may be to encourage businesses to retrieve the carts on a more frequent basis. He then asked for this item to be placed on a list for future discussion. Resolution No. 2007-28 MOTION: of Goodwin, seconded by Grendahl, adopting approving an amendment to the 2020 Land Use Map of the Comprehensive Guide Plan increasing the amount of “C” (Commercial) from 23 to 30 acres and changing the designation of property north of 157th Street W. from “MD” (Medium Density Residential) to “C” (Commercial) and changing the designation of property south of 157th Street W. from “C” (Commercial) to “MD” (Medium Density Residential). Ayes - 5 - Nays - 0. Ordinance No. 804 MOTION: of Goodwin, seconded by Grendahl, passing rezoning the 25- acre site, known as Cobblestone Lake Commercial Addition, located in the northwest quarter of the southwest quarter of Section 36 (southeast corner of 153rd Street W. and Pilot Knob Road.), from “PD-703/zone 8” to “PD-703/zone 6”, and Planned Development No. 703, as recommended by the Planning Commission. Mr. Lovelace reviewed the locations and design of proposed signage for the project. The pylon sign, which is to be located north of 157th Street on Pilot Knob Road, is proposed at 362 square feet. The sign ordinance allows for a maximum of 180 square feet. Councilmember Bergman said he understands it is a unique piece of property, but he would like the sign to be at or close to 180 square feet. Councilmember Erickson said Ryan Companies and Target are not new to Apple Valley and should be familiar with the City’s sign ordinance. He asked if the existing Target received a variance on its current sign. Mr. Lovelace said not to his knowledge. Councilmember Erickson stated everyone wants more signage. The problem with granting more signage here is that others will want more as well. The ordinance is well thought out, and he recommended enforcing it. Councilmember Goodwin asked if the Planning Commission had any pertinent discussion on signage. Mr. Lovelace said the Planning Commission acknowledged the property is unique, but suggested the signage be compliant with the Code. CITY OF APPLE VALLEY Dakota County, Minnesota February 22, 2007 Page 6 The Council talked about signage at other locations. Mr. Lovelace listed several developments where signage meets the requirements and said generally other signs in the City also conform to the sign ordinance. Mayor Hamann-Roland asked the petitioner if they would be able to comply. Ms. Molly Carson, of Ryan Companies, said they would if they had to. She stated this is a tremendous surprise. She further stated she understood from the Planning Commission the sign was to be brought into height compliance. She was unaware of an issue with the total square footage. If necessary, she will go back to Target for approval. Mayor Hamann-Roland asked if the decorative rock is considered part of the square footage. Mr. Lovelace said it is not factored into the sign calculation. Councilmember Grendahl asked the height of the sign. Mr. Lovelace said the pylon sign may be 28 feet with a 5-foot architectural feature. Councilmember Erickson noted the sign ordinance has been in place for quite a while, and the City is rather rigid on enforcement. Some responsibility falls on the developer to ensure compliance with City Code. This requirement should not be a total surprise. Ms. Molly Carson said she believes the sign would comply with the removal of the three tenant panels. Mr. Lovelace said if the petitioner and Council would like to move ahead on this item, a condition could be added that the applicant and staff are to work together to bring the sign into conformance with the Master Sign Plan. MOTION: of Goodwin, seconded by Grendahl, amending the foregoing motion with a condition requiring the petitioner to work with staff to bring the pylon sign into conformance with the Master Sign Plan. Ayes - 5 - Nays - 0. Vote was taken on the amended motion. Ayes - 5 - Nays - 0. Resolution No. 2007-29 MOTION: of Goodwin, seconded by Grendahl, adopting approving the preliminary plat of Cobblestone Lake Commercial Addition, with minor revisions as requested by the petitioner subject to the approval of the City Administrator and City Attorney, and with conditions as recommended by the Planning Commission. Ayes - 5 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota February 22, 2007 Page 7 Resolution No. 2007-30 MOTION: of Erickson, seconded by Bergman, adopting approving the final plat and Subdivision Agreement for Cobblestone Lake Commercial Addition, with revisions subject to the approval of the City Administrator and City Attorney, and authorizing the Mayor and City Clerk to sign the same. Councilmember Goodwin said he received a voicemail from the developer inquiring as to the rationale behind requiring the developer to pay 100 percent of the cost of the signal light at 155th Street and Pilot Knob Road and 50 percent of the cost of the signal light at 157th Street and Pilot Knob Road. The developer commented he thought it was excessive. Councilmember Goodwin asked staff to give a short explanation of how that determination was made. Mr. Lovelace responded it is staff’s belief the installation of both signals is predicated by this development. Without the development, it would not be necessary to install the signals at this time. Councilmember Goodwin asked who is paying the remaining 50 percent of the signal at 157th Street. Mr. Lovelace said it has not been established at this time; however, the City Attorney has had discussions with the developer. Ms. Hills said she believes Mr. Dougherty has had discussions with the attorneys for Ryan Companies and Tradition Development on the remaining 50 percent of the signal light at 157th Street while working on the development agreement for this project. She clarified that at this point there have only been discussions as to the proper division of cost of the signal to the benefiting properties. Mr. Nordquist stated he did not understand there was an issue with the cost split of the two signal lights as presented and indicated the development agreement speaks to an initial deposit for future assessments and acceptance of future assessments but is not a capital outlay. Mr. Heuer said Ryan Companies has indicated it wants the traffic signal at 155th Street and Pilot Knob Road operational by the time Target opens its doors. However, Dakota County has jurisdiction. The County has stated it will require a signal justification study done to see if the signal lights are warranted prior to installing a light at either 155th or 157th Streets. Councilmember Goodwin asked if 157th Street will also serve the future park and ride lot and Quarry Point Park. Mr. Lovelace said yes. CITY OF APPLE VALLEY Dakota County, Minnesota February 22, 2007 Page 8 Councilmember Goodwin said he understands why the City requires benefiting properties to pay for a traffic signal light when it is installed. However, several years later other properties near the signal light may be developed and they end up receiving the benefit for free. He asked if it is possible to include some sort of reimbursement in a development agreement to a property that paid the full cost of a signal light. He said the individual from Ryan Companies who called him questioned paying for the light at 157th Street. Councilmember Goodwin said he believes the light at 157th Street is justified. He would like to help the developer get some relief at the light on 155th Street. Mr. Richard Koppy, of Ryan Companies, said they originally wanted a traffic signal light at 157th Street. They were told it was unlikely Dakota County would agree to full access and a signal at that location. As a result, the project site was laid out differently and they planned on a traffic signal at 155th Street. That is why they have agreed to pay 100 percent of the cost of that light. Now it appears the County is willing to allow a light at 157th Street, and Ryan Companies is expected to pick up one-half the cost. He further said he does not believe a light at 157th Street is warranted at this time. He thinks the City’s traffic engineers would agree. If a signal at 157th Street is justified down the road, it should be installed and assessed to the benefiting properties at that time. He does not feel the light is needed today nor does he believe 50 percent of the cost is fair. Councilmember Goodwin said he must respectfully disagree. He believes the light at 157th Street is needed and will help the development a lot. He would prefer to see Ryan Companies pay a smaller portion of the light at 155th Street. Mayor Hamann-Roland said with this development having mixed use residential and commercial the light at 157th Street is important. Ms. Hills stated assessments are based on the present special benefit an improvement has to a property. If a traffic signal light does not have a special benefit to an undeveloped piece of property, it cannot be assessed; nor can it be assessed at a later date when there is a benefit. Mr. Richard Koppy said they could use a light at 157th Street. They planned to pay for one light, not both. He said they do not feel paying for one and one-half traffic signal lights is fair. Councilmember Grendahl asked the cost of a traffic signal light. She commented on the fact the City has advocated for full access and a light at 157th Street because of the park and ride. She encouraged staff to keep pressure on the County for both. Mr. Heuer said the cost of a traffic signal is approximately $250,000. The City Attorney typically includes an additional 40 percent in the assessment to ensure the City’s costs are covered. He added there has been significant progress on the Pilot Knob Road Corridor Study. The final draft is being put together and there are plans for an open house at the CITY OF APPLE VALLEY Dakota County, Minnesota February 22, 2007 Page 9 end of March to review the study. It is looking very positive there will be a full access at 157th Street. Councilmember Erickson said it is clear Ryan Companies wants the signal light at 155th Street. He asked if a light is really needed at 157th Street and if it is an immediate need or a need in three years, or is the County pursuing a request that is no longer needed and now we cannot get it off their list. Mr. Lovelace said the need is there. Based on the traffic analysis, a signal at 157th Street will definitely improve the level of service at certain times of the day. Councilmember Bergman suggested Dakota County help pay for the signal light at 157th Street considering they pushed for the transit station in this location. Mr. Heuer said the signals will not go on Dakota County’ priority list for funding until they meet the signal justification. Staff will do what it can to try to exercise influence on the County. At this point, the County will be looking at either the developer or City to fund the signals. The City will also look at possible other funding mechanisms. Mr. Nordquist said it is important to remember the context of the discussions that went on regarding the division of cost for the lights. It is not just about the signalization that Ryan Companies has expressed a primary concern. A condition of their Certificate of Occupancy is the completion of the road network. As was mentioned earlier this evening, in order for the public improvements to be completed by their projected opening, a very aggressive schedule must be implemented. It was in that context that the signalization costs were included in the development agreement. Councilmember Goodwin said he wished the Council could help with the portioning of the costs for the signals, but it must also comply with the law. Vote was taken on the motion. Ayes - 5 - Nays - 0. Resolution No. 2007-31 MOTION: of Goodwin, seconded by Grendahl, adopting approving the site plan and authorizing issuance of a building permit for construction of a 179,443 square foot Target store and 820 surface parking spaces on Lot 1, Block 1, Cobblestone Lake Commercial Addition, with minor revisions as requested by the petitioner, and with conditions as recommended by the Planning Commission. Ayes - 5 - Nays - 0. Resolution No. 2007-32 MOTION: of Grendahl, seconded by Erickson, adopting approving the site plan and authorizing issuance of a building permit for construction of a 9,600 square foot building and 53 surface parking spaces on Lot 2, Block 1, Cobblestone Lake Commercial Addition, with minor revisions as requested by the CITY OF APPLE VALLEY Dakota County, Minnesota February 22, 2007 Page 10 petitioner, and with conditions as recommended by the Planning Commission. Ayes - 5 - Nays - 0. Resolution No. 2007-33 MOTION: of Goodwin, seconded by Bergman, adopting approving the site plan and authorizing issuance of a building permit for construction of a 9,600 square foot building and 65 surface parking spaces on Lot 3, Block 1, Cobblestone Lake Commercial Addition, with minor revisions as requested by the petitioner, and with conditions as recommended by the Planning Commission. Ayes - 5 - Nays - 0. Resolution No. 2007-34 MOTION: of Grendahl, seconded by Erickson, adopting approving the site plan and authorizing issuance of a building permit for construction of a 7,200 square foot building and 50 surface parking spaces on Lot 4, Block 1, Cobblestone Lake Commercial Addition, with minor revisions as requested by the petitioner, and with conditions as recommended by the Planning Commission. Ayes - 5 - Nays - 0. Resolution No. 2007-35 MOTION: of Bergman, seconded by Grendahl, adopting approving the site plan and authorizing issuance of a building permit for construction of a 7,200 square foot building and 36 surface parking spaces on Lot 5, Block 1, Cobblestone Lake Commercial Addition, with minor revisions as requested by the petitioner, and with conditions as recommended by the Planning Commission. Ayes - 5 - Nays - 0. Resolution No. 2007-36 MOTION: of Grendahl, seconded by Erickson, adopting approving the revised Feasibility Report and directing the City Engineer to prepare plans and specifications for Project 05-311R, Cobblestone Area Streets and Trunk Utilities. Ayes - 5 - Nays - 0. URBAN AFFAIRS COMMITTEE APPOINTMENT Ms. Gackstetter reviewed her memo dated February 16, 2007, listing applicants for the Urban Affairs Advisory Committee vacancy. The Mayor called for nominations for the vacancy. Councilmember Bergman nominated Jeffrey Anderson, Marian Brown, Roberta Gibbons, Jim Lombardi, and Earl Wilson. There being no further nominations, the Mayor declared the nominations closed. MOTION: of Bergman, seconded by Goodwin, accepting the five nominations for Urban Affairs Advisory Committee. Ayes - 5 - Nays - 0. The City Clerk prepared ballots and distributed them to the Council who were asked to each select four names from the five nominees. CITY OF APPLE VALLEY Dakota County, Minnesota February 22, 2007 Page 11 Councilmembers Grendahl and Bergman left the meeting at 9:26 p.m. Councilmember Grendahl returned to the meeting at 9:27 p.m. Councilmember Bergman returned to the meeting at 9:28 p.m. After selections were made, they were tallied and the City Clerk announced that four names remained. The City Clerk prepared ballots and distributed them to the Council who were asked to each select three names. After selections were made, they were tallied and the City Clerk announced that two names remained. The City Clerk prepared ballots and distributed them to the Council who were asked to each select one name. After selections were made, they were tallied and the City Clerk announced Mr. Earl Wilson received the most votes. Resolution No. 2007-37 MOTION: of Bergman, seconded by Goodwin, adopting appointing Earl Wilson to the Urban Affairs Advisory Committee for a term expiring March 1, 2007. Ayes - 5 - Nays - 0. Mayor Hamann-Roland thanked all the applicants who applied and expressed interest in the position. APPOINT PARKS AND RECREATION ADVISORY COMMITTEE YOUTH REP Mr. Randy Johnson said the previous Parks and Recreation Advisory Committee Youth Representative resigned her appointment. An application was received from Mr. Chris Steadman. Mr. Johnson said he met with Mr. Steadman. Mr. Steadman has good knowledge of the parks system, volunteers for various parks and recreation programs, and is willing to serve. Resolution No. 2007-38 MOTION: of Goodwin, seconded by Erickson, adopting appointing Chris Steadman Youth Representative to the Parks and Recreation Advisory Committee for a term expiring March 1, 2007. Ayes - 5 - Nays - 0. REAPPOINT COMMISSION & COMMITTEE MEMBERS The City Clerk reviewed her memo dated February 16, 2007, regarding Commission and Committee Members with terms expiring March 1, 2007. All members are interested in serving an additional term. Resolution No. 2007-39 MOTION: of Bergman, seconded by Erickson, adopting reappointing Robert Harvey and Paula Moore to the Cemetery Advisory Committee for a term expiring March 1, 2010. Ayes - 5 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota February 22, 2007 Page 12 Resolution No. 2007-40 MOTION: of Bergman, seconded by Goodwin, adopting reappointing all members of the Parks and Recreation Advisory Committee for a term expiring March 1, 2009. Ayes - 5 - Nays - 0. Resolution No. 2007-41 MOTION: of Grendahl, by Goodwin, adopting reappointing Frank Blundetto and Tim J. Burke to the Planning Commission for a term expiring March 1, 2010. Ayes - 5 - Nays - 0. Resolution No. 2007-42 MOTION: of Erickson, seconded by Bergman, adopting reappointing all members of the Telecommunications Advisory Committee for a term expiring March 1, 2009. Ayes - 5 - Nays - 0. Resolution No. 2007-43 MOTION: of Goodwin, seconded by Grendahl, adopting reappointing all the members of the Urban Affairs Advisory Committee for a term expiring March 1, 2009. Ayes - 5 - Nays - 0. The Council congratulated the reappointees and extended thanks to all Commissioners and Committee Members for their invaluable services. RESCHEDULE INFORMAL MEETING MOTION: of Grendahl, seconded by Bergman, changing the start time for the informal meeting previously set for March 8, 2007, to 6:00 p.m. Ayes - 5 - Nays - 0. SET SPECIAL MEETINGS MOTION: of Goodwin, seconded by Grendahl, setting a special informal City Council meeting, at 9:00 a.m., on March 23, 2007, at the Levee Café, 100 Sibley Street, Hastings, MN, for the purpose of discussing goals with City staff. Ayes - 5 - Nays - 0. CONTRACT FOR TELECOMMUNICATION SERVICES Mr. Grawe said the actions before the Council this evening are a culmination of a process that has been going on for some time. Last year the City began the process of updating its phone system. Proposals were solicited and a vendor was selected. Additional services either linking facilities together or linking the City to the outside were still needed. Staff worked with a consultant to solicit proposals for these services. Quotes were received and staff is recommending awarding the contracts to the vendors with the lowest responsible proposals. Mr. Grawe said he suspects Frontier is here regarding the quotes on PRI’s, which connect the City’s internal phone system with the outside world. Frontier’s proposal for PRI services requires the use of a CAMA trunk. There is a significant upfront cost for this equipment. As a result, CITY OF APPLE VALLEY Dakota County, Minnesota February 22, 2007 Page 13 Frontier was not the lowest provider of PRI services when combining the cost of the CAMA trunk with their proposal. The contracts, as presented, represent the best value for the tax payer. Mr. Chuck Bruns, of Frontier Communication Solutions, asked the Council to delay the vote on the actions for two weeks in order to provide Frontier time to have further discussions with staff. Mr. Grawe said installation of the phone system is on a very tight schedule. Delaying action for two weeks would have two significant impacts. First, the City is paying comparatively higher rates on its current month-to-month services with Frontier, which will need to be extended. Second, the contract with the primary provider specifies the project will be done March 31. They have not planned to allocate staff for this project beyond that point. If the City changes the terms of the contract by two weeks, he would expect a cost for delaying the project. Mayor Hamann-Roland asked if the City would typically reopen the process for vendors in this way. Mr. Grawe said the process used to solicit quotes was very similar to a bid process. Vendors are to submit their best cost. The quotes are kept in confidence until all quotes are received. The process would not involve disclosing to a vendor other quotes in order to allow them to submit a revised quote. Councilmember Grendahl asked what the conversations with staff would do. Mr. Chuck Bruns said Frontier would credit back any additional costs for Frontier services related to delaying tonight’s vote. As far as what the conversations would do, Frontier would like to have an opportunity to discuss with City staff an alternative technological solution which may make Frontier more comparable to other vendors. Ms. Hills explained the City may either act on the quotes received or ask for new quotes from all vendors. Councilmember Bergman stated he is concerned about setting a precedent. Mr. Chuck Bruns said Frontier is not familiar with the other vendors’ pricing. He further said he is not sure others will want to revise their bids. Councilmember Grendahl read a portion on an email received from Frontier today regarding a price comparison. Mr. Chuck Bruns said he believed that comment had to do with Frontier’s pricing on that item and was not necessarily a price comparison. CITY OF APPLE VALLEY Dakota County, Minnesota February 22, 2007 Page 14 Councilmember Erickson said the City has had a long relationship with Frontier and Frontier has served the City well. It is unfortunate if something was bid that should not have been bid. He said he believes it to be an ethical question and does not see that the City has an option. Mr. Chuck Bruns added that Frontier employs 36 Apple Valley residents and pays taxes in Apple Valley. He wished that could be taken into consideration. Councilmember Grendahl said she appreciates what Mr. Bruns is saying but those are factors that cannot be looked at in this process. Mayor Hamann-Roland noted the current contract is for five years and the proposed contract is for three years. Mr. Grawe said the term of the contract was discussed. It is staff’s opinion with the rapidly emerging technologies in this area a three-year contract was appropriate. Resolution No. 2007-44 MOTION: of Bergman, seconded by Goodwin, adopting awarding the three-year contract for a Point to Point T-1 to Frontier Communications Solutions, with the lowest responsible proposal, in the amount of $39.42 for installation and monthly service cost of $175.20, and authorizing the Mayor and City Clerk to sign the necessary documents. Ayes - 5 - Nays - 0. Resolution No. 2007-45 MOTION: of Bergman, seconded by Grendahl, adopting awarding the three-year contract for two PRI Circuits to Evolving Solutions, and Agent of Onvoy, Inc., with the lowest responsible proposal, in the amount of $450.00 for installation and monthly circuit costs of $800.00 and monthly costs for 600 DID numbers of $105.00, and authorizing the Mayor and City Clerk to sign the necessary documents. Ayes - 5 - Nays - 0. COUNCIL COMMUNICATIONS Councilmember Bergman stated he is a big fan of the Citizen’s Police Academy and asked the Police Chief to summarize the program for the public. Police Chief Johnson described the Citizen’s Police Academy which will run from April 4 through May 16. Anyone 18 or older who lives or works in Apple Valley may participate. Citizens who are interested should contact Crime Prevention Specialist Walter. There is no charge for the program. Mayor Hamann-Roland said Raising Cane’s had its ribbon-cutting ceremony today and is now open. CALENDAR OF UPCOMING EVENTS CITY OF APPLE VALLEY Dakota County, Minnesota February 22, 2007 Page 15 MOTION: of Goodwin, seconded by Grendahl, approving the calendar of upcoming events as included in the City Clerk’s memo dated February 16, 2007, and noting that each event listed is hereby deemed a Special Meeting of the City Council. Ayes - 5 - Nays - 0. CLAIMS AND BILLS MOTION: of Bergman, seconded by Goodwin, to pay the claims and bills, check registers dated February 14, 2007, in the amount of $1,858,303.49; and February 21, 2007, in the amount of $1,660,306.53. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Erickson, to adjourn. Ayes - 5 - Nays - 0. The meeting was adjourned at 10:16 o’clock p.m.