HomeMy WebLinkAbout01.03.00 Council Packet
COUNCIL MEETING
REGULAR
January 3, 2000
1. CALL TO ORDER 7:00 P.M.
2. PLEDGE OF ALLEGIANCE
3. ROLL CALL
4. APPROVEAGENDA
5. ANNOUNCEMENTS
6. CITIZEN COMMENTS (Open for Audience Comments)
7. CONSENT AGENDA
a) Approve Council Minutes (12/20/99) (Regular)
b) Approve Revisions 2000 - 2004 ClP
c) Acknowledge City Holiday Redesignation
d) Acknowledge Waiver of Trespass - Right -of-Entry Agreement
e) Receive Customer Service Response Report
t) Approve Corporate Name Change - B&B Pizza
g) Approve Gambling Event Permit - Southern Dakota County Sportsmen Club
h) Approve Bills
8. PUBLIC HEARINGS
a) Consider Resolution - East Farmington 6th Addition Drainage Easement
Vacation
9. AWARDOFCONTRACT
10. PETITIONS, REQUESTS AND COMMUNICATIONS
a) Annual Organizational Matters
b) Consider Ordinance - Vermillion Grove Schematic PUD Zone Change
c) Communication VRWMO Appointment
d) Minnesota Department of Trade and Economic Development
11. UNFINISHED BUSINESS
12. NEW BUSINESS
13. COUNCIL ROUNDTABLE
14. ADJOURN
Action Taken
/Cl-
COUNCIL MINUTES
REGULAR
December 20, 1999
I. CALL TO ORDER
The meeting was called to order by Mayor Ristow at 7:00 p.m.
2. PLEDGE OF ALLEGIANCE
Mayor Ristow led the audience and Council in the Pledge of Allegiance.
3.
ROLL CALL
Members Present:
Members Absent:
Also Present:
Ristow, Cordes, Soderberg, Strachan, Verch
None
City Administrator Erar, City Attorney Jamnik, City Management
Team
4. APPROVE A GENDA
Item 7 d was pulled so Councilmember Verch could abstain from voting. Item 11 b was
pulled as the assessment was paid.
MOTION by Strachan, second by Soderberg to approve the Agenda. APIF, MOTION
CARRIED.
5. ANNOUNCEMENTS
a) Recognizing Farmington as a Dakota County Territorial Community
A plaque was presented to Council by Bev Marben, Chairperson of the Heritage
Preservation Commission, recognizing Farmington as a Territorial Community.
6. CITIZEN COMMENTS
a) Mr. John Tschohl - Land Use Concerns
b) Seasonal Parking Restrictions - Citizen Concerns
c) Mr. Ed Stober - Street Name Change Concerns
Responses have been sent to the residents.
7. CONSENT AGENDA
d) MOTION by Soderberg, second by Strachan adopting RESOLUTION RI06-99
- Approving COLA Non-Bargaining Unit. Voting for: Ristow, Cordes,
Soderberg, Strachan. Abstaining: Verch. MOTION CARRIED.
MOTION by Cordes, second by Soderberg to approve the Consent Agenda as follows:
a) Approved Council Minutes (12/6/99) (Regular)
b) Adopted RESOLUTION RI04-99 - Historic Preservation Consultant Services
c) Adopted RESOLUTION RI05-99 - Accept Township Donations - Senior Center
Operations
e) Adopted ORDINANCE 099-444 - Amending Title 11, Chapter 4, Parkland and
Trail Dedication Requirements
f) Approved LMCIT Excess Liability Coverage
g) Approved Lease Agreement - Nextel
\
Council Minutes (Regular)
December 21, 1999
Page 2
h) Appointment Recommendation - Liquor Store Operations
i) Received 1999 CIP Project Completion and Status Report
j) Received Information - Capital Outlay - Fire Department
k) Approved bills
APIF, MOTION CARRIED.
8. PUBLIC HEARINGS
9. AWARD OF CONTRACT
10. PETITIONS, REQUESTS AND COMMUNICATIONS
a) Request for Park and Ride - Farmington Sno- Tigers
The Farmington Sno- Tigers snowmobile club has made a request that the City
authorize the use of the City owned property at the comer of 195th Street and Pilot
Knob Road as a snowmobile park and ride. The Public Works Department has
acknowledged that it will be able to plow the lot,butthat it will be done as the
lowest priority. MOTION by Cordes, second by Verch authorizing the use of the
City owned property at the intersection of 195th and Pilot Knob Road as a
snowmobile park and ride from December 1999 through March 2000. APIF,
MOTION CARRIED.
b) Mr. Michael Haley - Property Use Concerns
Mr. Michael Haley, 20521 Akin Road addressed a letter to Council and the
Planning Commission concerning the Bongard Trucking site at 20522 Akin Road.
He is concerned at the deteriorating appearance of the site because of the storage
of trucks, over grown weeds and litter on the property. He has requested that the
Council and Planning Commission review the site and pursue the cleanup of the
property. Mr. Haley's letter will be referred to the Planning Commission.
11. UNFINISHED BUSINESS
a) Adopt Resolution - 2000 Budget and Property Tax Levy
A Truth in Taxation Hearing was held at the City Council meeting on December
6, 1999. The Tax Levy and Budget must now be finalized in order that it may be
certified to the County Treasurer/Auditor before December 28, 1999.
Certification of the Tax Levy provides for the Tax Revenues to be collected from
all taxable property within Farmington. The proposed resolution also establishes
the 2000 Budget plan for funding all City expenditures. MOTION by Soderberg,
second by Cordes adopting RESOLUTION R107-99 for the revenue and
expenditure budget for 2000 and proposed tax levy, excluding elements related to
the City's fire service. APIF, MOTION CARRIED. MOTION by Cordes,
second by Soderberg adopting RESOLUTION RI07-99 for the revenue and
expenditure budget for 2000 and proposed tax levy related to the City's fire
service. Voting for: Ristow, Cordes, Soderberg, Strachan. Abstaining: Verch.
MOTION CARRIED.
Council Minutes (Regular)
December 21, 1999
Page 3
b) County Road 31 Project - Property Owner Special Assessment Reduction
Request
This item was removed from the agenda as Mr. Kenneth Chinn, 19066 Estate
Avenue, paid the assessment.
c) Amend Ordinance - Title 9, Chapter 1, Parking of Motor Vehicles on City
Streets
City staff has addressed the complaints and concerns of several residents who are
unable to comply with the Seasonal Parking Restrictions due to a lack of off-street
parking and insufficient time to construct such parking. There are also concerns
regarding parking for overnight guests in situations where there is insufficient off-
street parking space available. Sections 9-1-12(E) allows for on-street parking by
temporary parking permit to accommodate special events or unique circumstances
of limited duration. The second provision of the amendment would be a seasonal
permit for on-street parking for multi-family residential dwellings with
insufficient off-street parking. This prov,ision would sunset on April 1, 2000..
Mr. James Abraham, 303 Pine Street, has concerns with the parking ordinance.
He lives in a 4-plex and the residents have to park on the street, as there is no off-
street parking. The landlord does not have any other alternatives.
Councilmember Strachan stated if the amendment is adopted tonight, they will
receive a permit for this year. The landlord will have to make arrangements for
next year. Staff stated if snowplowing is in process, the ordinance remains in
effect until streets are plowed.
Even if permits are issued, cars will need to be off the street if it snows, until
snowplowing is completed. Most residents contacted would like to comply, but
did not have time to make arrangements this year. MOTION by Soderberg,
second by Verch to amend ordinance 9-1-12(E) to allow for the issuance of
temporary parking permits. Voting for: Soderberg, Strachan, Verch. Voting
against: Ristow, Cordes. MOTION CARRIED.
12. NEW BUSINESS
a) Appointments to Boards and Commissions Process - Set Interview Date
Each year a number of seats on Boards and Commissions expire on January 31.
The deadline for applications is January 5, 2000. Interviews will beheld January
8, 2000.
b) Adopt Resolution - Establishing Charges and Fees for Licenses and Permits
Each year a resolution establishing fees and charges has been adopted by City
Council at the annual organizational meeting held the first meeting in January.
This year the resolution is being advanced for approval at the final meet of 1999
so that new fees may be applied as of January 1,2000. Changes to the fees were
discussed. MOTION by Cordes, second by Verch to adopt RESOLUTION
RI08-99 establishing 2000 Charges and Fees for Licenses and Permits effective
January 1,2000. APIF, MOTION CARRIED.
Council Minutes (Regular)
December 21, 1999
Page 4
c) Authorize Letter of Understanding - East Farmington PUD
An issue has developed regarding storm sewer easements in the East Farmington
6th Addition as well as maintenance responsibilities for storm sewers serving the
interior outlots in each block. A letter of understanding has been prepared stating
the terms that have been negotiated between City staff and Sienna Corporation
regarding the future vacation of a portion of drainage and utility easements in the
side yards of two lots in each block of the 6th Addition. It also clarifies that the
future maintenance responsibilities for the storm drainage improvements leading
into the interior outlots of the 1 st through 6th Additions as being the responsibility
of the homeowners association. The vacation will reduce the easements from 10
feet per lot to 6 feet per lot. This is being done to fit the desired house
configurations on the existing lots.
Councilmember Soderberg asked if the homeowners association was aware of the
maintenance responsibility. Staff stated they are according to ,theJdeveloper., City
Attorney Jamnik stated there is not a board developed yet for the 6th Addition.
The consent would have to come from the 1 st - 5th Additions. Staff stated the
purpose of the letter of understanding was to establish whether or not Council will
allow the intent of the vacation. The homes being planned to be constructed in
the 6th Addition have already laid footings within the additional 4 feet. There is a
surety that they have requested the right to build in that 4 feet. They are 4 feet
wider than the typical 12 foot easement. So the homes were platted within that
additional 4 feet. The builder agreed under surety they are placing the footings at
their own risk. Once Sienna takes on the maintenance responsibility, it is up to
the homeowner's association. The vacation of the easements is only for the 6th
Addition. The maintenance responsibility would be for the entire East
Farmington development. By agreeing to the letter of understanding, Council is
stating that at the Public Hearing they will agree to assign the rights of the
easements to the homeowner's association, and the association agrees to accept
the assignment.
MOTION by Verch, second by Soderberg to not authorize execution of the letter
of understanding until the Public Hearing is scheduled and Council is assured the
residents in phases 1-5 have been notified. Voting for: Ristow, Cordes,
Soderberg, Verch. Voting against: Strachan. MOTION CARRIED.. The
developer will be notified that the footings can be retained but nothing further can
be done. Additional building permits will not be issued for any homes within the
6th or 7th Additions where homes are platted to be constructed within the 10 foot
easement.
d) Amend Ordinance - Chapter 10, Section 1-10-1, Salaries
City Council salaries may be amended pursuant to state statute and the City Code.
No increases would take effect until the next succeeding municipal election. No
change has been made in Council salaries for 10 years. The recommended salary
for the Councilmember position is $335 per month. The recommended salary for
Council Minutes (Regular)
December 21, 1999
Page 5
the Mayor position is $420 per month. These changes will take effect January 1,
2001. MOTION by Soderberg, second by Verch to adopt ORDINANCE 099-
446 amending Council salaries that will become effective January 1,2001.
Voting for: Cordes, Soderberg, Strachan, Verch. Voting against: Ristow.
MOTION CARRIED.
13. COUNCIL ROUNDTABLE
a) Citizen Request - Private Driveway Usage Request
At the previous Council Meeting, Mayor Ristow raised an issue regarding a
property owner's concern that by allowing continued use of this property by City
solid waste collection vehicles that he would possibly lose some of his property
rights through adverse possession. An encroachment agreement will be prepared
giving the City a license or right to access the property for the limited purpose of
servicing neighboring properties for solid waste collection. This document would
allow the property owner to terminate the right of access under specified
circumstances or for any reason at all. This agreement will be presented to
Council at the January 3, 2000 Council Meeting.
Councilmember Strachan: He noticed Farmington Police received mobile data units.
This will make a huge difference in officer safety and efficiency.
Councilmember Cordes:
to a Council Meeting.
She visited a Webelo pack from Lakeville and invited them
City Administrator Erar: There will be a Facilities Task Force meeting December 21,
1999. Final recommendations will be brought to Council the end of May, early June.
Police Chief Siebenaler: The new computers will allow officers to triple and
quadruple the amount of work done during a shift. Two training sessions were provided.
Parks and Recreation
Director Bell:
The main ice rink is being flooded.
City Engineer Mann:
The first snow plowing operation of the season went well.
Mayor Ristow:
Commended Chief Siebenaler for Toys for Town operation.
14. ADJOURN
MOTION by Cordes, second by Strachan to adjourn at 9:15 p.m. APIF, MOTION
CARRIED.
Respectfully submitted,
kC~ /7??<-~
Cynthia Muller
Executive Assistant
7b
City of Farmington
325 Oak Street, Farmington, MN 55024
(651) 463-7111 Fax (651) 463-2591
www.cLfarmington.mn.us
FROM:
Mayor, Councilmembers, City Administrato~
Robin Roland, Finance Director
TO:
SUBJECT:
Approve revisions - 2000-2004 C.I.P.
DATE:
January 3, 2000
INTRODUCTION
Upon review of the park improvement fund cash flow requirements, staff has revised the 2000-
2004 Capital Improvement Plan to better reflect the funding available for park improvements in the
coming five year period.
DISCUSSION
The CIP document approved by Council in November 1999 called for funding of the following
projects from the park improvement fund in 2000:
Revised
Land purchase - Ball field Complex $100,000 $250,000
Rambling River field improvements $105,000 $0
Trail System addition $215,900 $177,464
Primarily, the proposed revisions are due to the shift of funding the land purchase down payment
in 2000 rather than in 1999. This shift requires a reduction of funding from the Rambling River
field improvements by $105,000 and a reduction of funding of the Trail system addition by
$38,436.
Rambling River field improvements were originally part of the overall park and recreation
referendum proposed several years ago. Staff postponed $25,000 of the improvement to the
2001 CIP and should Council decide to move forward with a referendum in the future, the $80,000
balance of these improvements could be considered for inclusion at that time. The Trail system
addition was revised to remove some trail segments, thereby reducing the cost for the 2000 CIP.
The exact segments removed will be determined at the time of the engineering feasibility study.
BUDGET IMPACT
The Park Improvement Fund has limited fund reserves. A copy of the Park Improvement Fund
cash flow is attached with this memo. Park improvements subsequent to 2000 will need to be
examined and funding sources in excess of expected park dedication fees will need to be
appropriated.
ACTION REQUIRED
City Council approval of the revisions to the 2000-2004 C.I.P.
;Z:;;;;d'
Robin Roland
Finance Director
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City of Farmington
325 Oak Street, Farmington, MN 55024
(651) 463-7111 Fax (651) 463-2591
www.cLfarmington.mn.us
}~
TO:
Mayor, Councilmembers, and City Administrator1~
Brenda Wendlandt, Human Resources Coordinator
FROM:
SUBJECT:
City Holidays
DATE:
January 3, 2000
INTRODUCTION
The purpose of this memorandum is to provide information regarding a change in City recognized
holidays. Effective for the 2000 calendar year, the City will recognize Veteran's Day (November 11th)
instead of Columbus Day (the second Monday in October).
DISCUSSION
The City must change it's holiday schedule to recognize Veteran's Day in lieu of Columbus Day. Though
both are national holidays, Minnesota Statute 645.44, subd. 5 states that no public business except that of
necessity be conducted on Veteran's Day. However, the Statute does permit conducting public business
on Columbus Day. Based on this information, the City negotiated this change with the AFSCME
collective bargaining units. Therefore, City offices will be closed in observance of Veteran's Day and
remain open on Columbus Day.
Please note that the Patrol Officers Unit represented by LELS has declined to make this change to their
collective bargaining agreement and will still recognize Columbus Day as a holiday. This is permissible
as police services are essential and operations continue regardless of any holiday.
BUDGET IMPACT
There is no impact to the budget.
RECOMMENDATION
Acknowledge the change to the City holiday schedule from recognizing Veteran's day In lieu of
Columbus Day.
Respectfully submitted,
k!~
Human Resources Coordinator
City of Farmington
325 Oak Street, Farmington, MN 55024
(651) 463-7111 Fax (651) 463-2591
www.ci.farmington.mn.us
lei
TO:
Mayor, Councilmembers, City Administratorf~
James Bell, Parks and Recreation Director
FROM:
SUBJECT:
Acknowledge Waiver of Trespass - Right of Entry Agreement
DATE:
January 3, 2000
INTRODUCTION
At the December 6, 1999 Council Meeting, Mayor Ristow raised an issue with the right of entry of city
solid waste collection vehicles on a resident's property and the possibility of a loss of property through
adverse possession.
DISCUSSION
The City has been using a portion of a resident's property to access the alley for solid waste collection. The
resident requested the City draft a written document that refers to the use of his property and insures that
the property would not be subject to adverse possession.
City staff was able to secure a signed agreement with the affected property owner.
BUDGET IMPACT
None
ACTION REOUESTED
Council acknowledgement of the signed Waiver of Trespass / Right of Entry Agreement.
Respectfully submitted,
~~~
James Bell
Parks and Recreation Director
Cc: Darrell Moench
WAIVER OF TRESPASS/RIGHT OF ENTRY
THE UNDERSIGNED, owners of certain land in the City of Farmington, who are the
sole persons with a right to grant entry to the affected property at 19 Elm Street, Farmington.
Minnesota, legally described on Exhibit "A" attached hereto and made a part hereof ("Subject
Property"), in consideration of One Dollar ($1.00) and other good and valuable consideration, do
hereby consent and grant unto the City of Farmington. its agents and assigns, the right to enter
upon the Subject Property for garbage removal. in accordance with the truck route shoWTI on the
map attached hereto as Exhibit "B" and made a part hereof.
This Right of Entry does not grant to the City or its agents or assigns any easement rights.
but is intended to grant to the City and its agents and contractors only the right to enter the
Subject Property for the purposes provided herein.
This Right of Entry is terminable by the Undersigned or their heirs, successors or assigns,
83274
,
1.
upon thirty (30) days' written notice of termination to this City Administrator for the City of
Farmington, which notice shall contain a copy of this Right of Entry.
Dated this "2.. \~ day of 'b--'"' ~o-6L, I~l:\<t
!\
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I/d-/I ! G ;rt~-^--
Darrell E. Moench
Y?1~ @.. Yr7~
Marie O. Moench
STATE OF MINNESOTA )
) 55.
COUNTY OF )
The foregoing instrument was acknowledged before me this a-7~ day of
~\-; , ltt09 , by Darrell E. Moench and Marie o. Moench, husband and
wife.
aku- In. tX~~~
Notary Public
THIS INSTRUMENT WAS DRAFTED BY:
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Professional Association
Suite 317
1380 Corporate Center Curve
Eagan. Minnesota 55121
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EXHIBIT "A"
Lot 4, Block 1, F eelys P H Addition, according to the recorded plat thereof on file and of
record in the office of the County Recorder in and for Dakota County, Minnesota.
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EXHIBIT
City of Farmington
325 Oak Street, Farmington, MN 55024
(651) 463-7111 Fax (651) 463-2591
www.ci.farmington.mn.us
le
TO: Mayor and Council Members
FROM: John F. Erar, City Administrator
SUBJECT: Customer Service Response Report
DATE: January 3, 2000
INTRODUCTION
In an effort to meet and understand our citizen's needs and concerns, the City has adopted a
customer service satisfaction program. This program is designed to ascertain and measure the
level of customer satisfaction during service-related interactions. All citizen contacts with the
City are documented in terms of complaint type, referring department, priority of service request
and service outcomes.
Responses are typically anonymous ensuring that citizens with negative experiences are just as
likely to respond as those with positive service experiences. Accordingly, it is the City's intent to
use this information as a customer service tool to improve and promote the importance of
excellence in customer service.
DISCUSSION
The table below reflects summary statistics generated by Customer Action Request forms over
the months of January through May 1999. Summary response percentages are generated
97%
100%
100%
100%
100%
99%
through the analysis of monthly reports and include response data from all operating City
departments.
On average, over ninety-five percent (95%) of citizen requests for service are handled and
addressed within a 1-3 day period. Typically, from that point it requires approximately 90 days
to receive, process, compile and analyze the survey response data into monthly reports.
In terms of how "promptly the City reacted to citizen requests", the degree of "how personally
satisfied citizens were with service outcomes", and was City staff "courteous and helpful" in
responding to citizen requests, response data suggests a very high level of customer satisfaction
in all three categories. In terms of core customer service skills, City staff have achieved an
impressive 99% rating in "courteous and helpful service" and 88% in "prompt service" regardless
of how personally satisfied a resident was with service outcomes. This underscores the City's
commitment to treat each resident contact as a highly valued customer service relations
opportunity .
In terms of how personally satisfied a resident is with a specific service outcome, staff responses
are, in most cases, controlled by State Statutes, City ordinances, available staff resources and/or
service priorities. In some cases, responses are a function of a third party who must respond to a
given situation at the insistence of City staff.
Overall, a summary rating of 81 % over the five month period for how personally satisfied a
resident was with a City service response is a very respectable response ratio given the wide
range of resident concerns. In review of survey comments, residents commented both negatively
and positively on a variety of concerns such as neighborhood weed control, garbage service and
staff responsiveness.
BUDGET IMP ACT
None.
ACTION REQUESTED
Acknowledge the Customer Service Satisfaction reports from June 1999 through October 1999.
Staff will continue to present customer service satisfaction data to Council as it becomes
available. Monthly report data with department breakdowns are available for Council review
upon request.
ReSpectfull~itted,
~f
file
City of Farmington
325 Oak Street, Farmington, MN 55024
(651) 463-7111 Fax (651) 463-2591
www.ci.farmington.mn.us
7-f
TO: Mayor, Councilmembers and City Administratorr
FROM: Karen Finstuen
Administrative Services Manager
SUBJECT: Corporate Name Change - B&B Pizza
DATE: January 3, 2000
INTRODUCTION
B&B Pizza has changed their corporate name from Bar-Kam Inc. to Goldmen Inc. effective
January 1, 2000.
DISCUSSION
B&B Pizza currently has licenses for On-Sale Beer, On-Sale Wine, and Gaming Devices under
the corporate name of Bar-Kam Inc. According to City Ordinance 3-12-8-10, a corporate name
change needs to be approved by Council in order for the licenses to continue in force until the
end of the license year. The new name will be Goldmen Inc. dba B&B Pizza, and the corporate
structure remains the same.
BUDGET IMPACT
None
ACTION REOUESTED
Approve the corporate name change for B&B Pizza from Bar-Kam Inc. to Goldmen Inc. This
request has been approved by the City Attorney.
Respectfully submitted,
~~
Karen Finstuen
Administrative Services Manager
B&B PIZZA
December 27,1999
325 oak St. Farmington MN
Dear Sir or Madam:
We are writing to inform you that we will be changing our corporate name. From Bar-Kam inc. is doing
business as B&B Pizza to Goldmen inc. Doing business as B&B Pizza
Sincerely,
~.K~
Kim Kamen
Secretary
216 ELM ST . FARMINGTON MN . 55024
651-463-4733:
City of Farmington
325 Oak Street, Farmington, MN 55024
(651) 463-7111 Fax (651) 463-2591
www.ci.farmington.mn.us
~
TO: Mayor, Councilmembers and City Administrato~
FROM:" Karen Finstuen
Administrative Services Manager
SUBJECT: Gambling Event Permit - Southern Dakota County Sportsmen Club
DATE: January 3, 2000
INTRODUCTION
Southern Dakota County Sportsmen Club is requesting a Gambling Event Permit for a shotgun
raffle to be held at the American Legion Club.
DISCUSSION
Per State Statute 349.166 and pertinent City Code, a Gambling Permit must be issued by the City
for this type of event. An application has been received, along with the appropriate fees. The
City Attorney has reviewed the application and the attached resolution approving the request.
BUDGET IMPACT
Gambling fees are included in the revenue portion of the 2000 budget.
ACTION REQUESTED
Consider the attached Resolution granting a Gambling Event Permit to Southern Dakota County
Sportsmen Club at the American Legion, 10 North gtli Street, on Saturday, January 15,2000.
Respectfully submitted,
~~~
Karen Finstuen
Administrative Services Manager
RESOLUTION NO. R -00
APPROVING A MINNESOTA LAWFUL
GAMBLING EVENT PERMIT APPLICATION FOR
SOUTHERN DAKOTA COUNTY SPORTSMEN CLUB
Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of
Farmington, Minnesota, was held in the Council Chambers of said City on the 3rd day of January
2000 at 7:00 p.m.
Members Present:
Members Absent:
Member
introduced and Member
seconded the following:
WHEREAS, pursuant to M.S. 349.213, the State of Minnesota Gambling Board may not issue
or renew a Gambling Premise Permit unless the City Council adopts a Resolution approving said
permit; and,
WHEREAS, Southern Dakota County Sportsmen Club has submitted an application for a
Gambling Event Permit to be conducted at the American Legion Club, 10 North 8th Street, for
Council consideration.
NOW, THEREFORE, BE IT RESOLVED by the Farmington City Council that the Gambling
Event Permit for Southern Dakota County Sportsmen Club to be conducted at the American
Legion Club, 10 North 8th Street is hereby approved.
This resolution adopted by recorded vote of the Farmington City Council in open session on the
3rd day of January 2000.
Mayor
Attested to the
day of
2000.
SEAL
City Administrator
City of Farmington
325 Oak Street, Farmington, MN 55024
(651) 463-7111 Fax (651) 463-2591
www.ci.farmington.mn.us
3'a..,
TO: Mayor and Councilmembers
City Administrator ~
FROM: David L. Olson
Community Development Director
SUBJECT: Petition to Vacate East Farmington 6th Addition Drainage and Utility
Easements
DATE: January 3, 2000
INTRODUCTION
Sienna Corporation has filed a petition to vacate a portion of the drainage and utility
easements that were platted in the side yards of a number of the lots in East Farmington
6th Addition.
DISCUSSION
For the past month, there have been discussions between the City and Sienna Corporation
regarding the possibility of reducing the size of drainage and utility easements located in
the side yards of three lots in each block of the Sixth Addition. These easements were
increased from six feet to ten feet in the 6th Addition to provide better City maintenance
access for the private storm sewer pipes located in these easements.
During the discussions with Sienna Corporation after the final plat was approved, it was
determined that the larger ten foot easements reduced the buildable area of the lots
involved and made it difficult to fit some of the more popular house designs on the lots.
Sienna Corporation indicated that it wa.s their intent that the Homeowners Association
have maintenance responsibilities for these storm sewer pipes leading from the private
outlots to the public storm sewers in the street right-of-way. This issue was discussed at a
recent homeowners association meeting and both Sienna Corporation and the resident
members of the association in attendance were agreeable to assuming this maintenance
responsibility. Council approval of this maintenance responsibility is not required.
With the Homeowners Association assuming maintenance responsibilities, Engineering
staffhas no objections to the proposed partial easement vacation.
ACTION REQUESTED
Consider adoption of the attached resolution vacating four feet of the ten foot sideyard
drainage and utility easements in East Farmington 6th Addition.
ReSpectfullY7~
David L. Olson
Community Development Director
Cc: Rod Hardy, Sienna Corporation
Jim Sturm, James R. Hill
Gregory W. Munson, Fredrikson & Byron, P.A.
RESOLUTION NO.
VACATING AN EXISTING DRAINAGE AND UTILITY EASEMENTS WITHIN THE EAST
FARMINGTON 6TH ADDITION ON LOTS 3, 4, 5 BLOCK 1; LOTS 1, 2, 17 BLOCK 2; LOTS 11,
12 BLOCK 3; LOTS 3, 4, 5 BLOCK 4; LOTS 2,3 BLOCK 5; AND LOTS 8, 9, 10 BLOCK 6
Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Farmington,
Minnesota, was held in the Council Chambers of said City on the 3rd day of January, 2000 at 7:00 P.M.
Members Present:
Members Absent:
introduced and Member _ seconded the following:
Member
WHEREAS, the City of Farmington has received a request to vacate the attached existing drainage and
utility easement and designate a new drainage and utility easement as described on the attached Exhibit A:
See attached Sketch and Legal Description, and
WHEREAS, a public hearing was held on January 3, 2000 to consider the vacation of said drainage and
utility easements after proper publication and notification, at which time public comment was heard
thereon; and
WHEREAS, it is determined that said portion of drainage and utility easements are no longer necessary;
and
NOW, THEREFORE, BE IT RESOLVED that the above described public drainage and utility easement
are hereby vacated.
This resolution adopted by recorded vote of the Farmington City Council in open session on the 3rd day of
January, 2000.
Mayor
Attested to the _ day of January, 2000.
City Administrator
DEC-30-1999 11:43
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NO, 7406 p, 2
EAST FARMINGTON HOMEOWNERS ASSOCIATION, INC.
3300 Ec:linborough Way #202
Edina, MN 55435
Telephone: 831-8325
MINUTES
EAST FARMINGTON HOMEOWNERS ASSOCIATION, INC.
BOARD OF DIRECTORS MEETING
Deeember 8, 1999
A meeting of the Board of Directors of the East Farmington Homeowners Association, Inc. (Association)
was held on December 8, 1999 at Trinity Hospital, 3410 213lh Street West. Farmington, MN. Members
present were Rod Hardy, Kevin Hand and Dorinda Grandbois. Representing Laukka Management, Inc.
was Julie Schultz. Also present were committee members Linda Gonzales, Kelly Fatturi, Kevin Roach.
Jim Fann, Jim Larson, Nancy Porter. Rod Hardy presided.
MINUTES
The minutes from the October 27, 1999 meeting were reviewed. A motion was made, seconded and
unanimously carried to accept the minutes as presented.
FINANCIAL REPORT
The financial report for the month ending October 31, 1999, were reviewed. Current assets (including
checking account. reserve account, maintenance fees, special assessment for park, other, and prepaid
expenses) totaled $27.243.19. Current liabilities (including accounts payable, prepaid maintenance fees
and special assessments) totaled $6,973.24. Replacement reserves totaled $9,874.72. Members' equity
totaled $11,781.23.
The financial reports were accepted as received.
The Board discussed the delinquent accounts. A motion was made, seconded and unanimously carried
to send out a certified letter to those delinquent bomeownen requesting payment in full by
December 31,1999 or sent up a payment plan of 10% down and 10% each month. If no respoDse is
received by December 31,1999 a lien will be filed on the property.
As of January 1, 2000, a fine of $5 per month will be applied to all accounts with a balance over 60 days.
NEW BUSINESS:
Chuck Klinefelter of Mulligan's Landscaping was to attend the meeting to discuss replacing of trees.
Board asked Laukka Management, Inc. to continue to hold is check until Board receives a response from
him. The maintenance committee will compile a list of trees that still need to be replaced under warranty.
The Board reviewed the cost of having a permit for bulk mailing. It would cost $100 for the permit and
the association would be able to have a reduction for postage. A motion was made, seconded and
unanimously carried to apply for the bulk-mailing permit.
1.Jr.L, jU, l~~~ b:JbANl
lW, IltUb r, j
The Board discussed a budget for committees. The Social and Newsletter committees would be allowed to
purchase anything under $200 dollars on a trial basis of 6 months. If an item is more than $200, the
committee would have to receive approval from the Board of Directors. A motion 'Was made, seconded
and unanimously carried.
Laukka Management, Inc. will call Rainbow to ask for a warranty in writing for the playground
equipment and a price list. This will be forward to Jim Larson of the Maintenance Committee.
The Board reviewed the Q.ocuments (Declarations, Article v, section 4) regarding the assessments for the
lots. The document states all lots are assessed the same amount. A motion was made, seconded and
unanimously carried to have all lots pay the same amount of dues. Homeowner whose park is not
sodded will pay half the assessment until sod is installed.
Board asked Laukka Management, Inc. to continue to look into lighting for the mailbox areas on Larch
Street.
Rod Hardy informed the Board the City of Fanning ton was requesting a 10' easement on each side for the
drainage pipes from the parks to the sewer. Mr. Hardy informed the City that the parks are the property of
the association and the association is responsible for maintenance of the pipes. The City agreed to reduce
the easement to 6' on each side as long as the Association will maintain the pipes, An agreement will be
drafted and signed by the City of Farmington and Mr. Hardy on behalf of the Association. The Board was
aware these pipes are the responsibility of the Association and will continue to maintain the pipes. (See
attached agreement)
CO~TTEEREPORTS
The Architectural Review Committee reported there arc still 4 homeowners still in violation of the notice
that was sent out to them on September 20, 1999. The Committee is asking the Board to send $50 fine
notices ont to those homeowners. A motion was made, seconded and unanimously carried.
The Committee also reported there is a new violation. A letter will be sent to have owner correct it within
30 days.
NEXT MEETING DATE
The next regular Board meeting is schedule for January 19th at 6:00 p.m. at Trinity Hospital.
ADJOURNMENT
The meeting was duly adjourned at 8:15 p.m.
Respectfully submitted,
Julie Schultz
Managing Agent
Minneapolis
London
1100 International Centre
900 Second Avenue South
Minneapolis, MN 55402-3397
(612) 347-7000
FAX (612) 347-7077
www.fredlaw.com
FREDRIKSON & BYRON, EA.
Attorneys and Advisors
Affiliated Offices:
Mexico City
Warsaw
Direct Dial No.
(612) 347-7146
gmunson@fredlaw.com
December 15, 1999
Mr. Joel Jamnik
City Attorney for City of Farmington
Campbell Knutson Scott & Fuchs
1380 Corporate Circle Curve, Suite 317
Eagan, MN 55122
Re: Sienna/East Farmington
Dear Mr. Jamnik:
Pursuant to recent discussions between Sienna Corporation and the City of Farmington regarding
certain drainage and utility easements located in East Farmington First through Sixth Additions,
this letter sets forth the terms upon which the problems associated with those various drainage
and utility easements will be resolved between the parties. Pursuant to the discussions between
the parties, the City has agreed to issue building permits for certain lots located in East
Farmington Sixth Addition based upon this letter.
The terms upon which Sienna Corporation and the City of Farmington agree to deal with various
drainage and utility easements located in East Farmington First through Sixth Additions is as
follows:
1. The City of Farmington will assign to East Farmington Homeowners Association, Inc.,
and East Farmington Homeowners Association, Inc. will assume, the maintenance
obligations, and ownership with respect to the storm drainage improvem~nts constructed
within all drainage and utility easements leading to the interior outlots of each block
located in East Farmington First through Sixth Additions. The City will retain all
ownership of and maintenance obligations of storm sewers located within the public road
right of way.
2. With respect to all drainage and utility easements leading to the interior outlots of each
block, which are located in East Farmington Sixth Addition, and which exceed six feet,
the City of Farmington agrees to vacate any such portion of any such easement which
exceeds six feet per lot. The intent of this paragraph is to reduce the existing la-foot
easements leading to the interior outlots of each block down to 6-foot easements on each
lot. In addition, the City of Farmington agrees that all drainage and utility easements
FREDRlKSON & BYRON, P.A.
Attorneys and Advisors
Mr. Joel Jamnik
December 15, 1999
Page 2
leading to interior outlots of each block in future additions will be limited to six feet per
lot.
3. East Farmington Homeowners Association, Inc. agrees to inform each and every builder
that construction pursuant to building permits issued with respect to lots containing I a-
foot drainage and utility easements is at the builder's own risk. The City may, but shall
not be required to, issue a certificate of occupancy for any dwelling constructed within
any easement area which has not yet been vacated by the City of Farmington.
4. Upon issuance of the requested building permits pursuant to the terms of this letter,
Sienna Corporation will order James R. Hill, Inc. to prepare proposed legal descriptions
for the necessary vacations to be made in the East Farmington Sixth Addition. Upon
receipt of those legal descriptions, they will be forwarded to your attention so that the
easements may be vacated and the maintenance obligations assigned by the City of
Farmington.
5. The letter of credit posted by Sienna under the Development Contract for East
Farmington Sixth Addition shall serve as security for Sienna's performance of its
obligations under this letter. No builder shall be required to post security hereunder.
Your acknowledgment in the space provided below will reflect the City's general acceptance of
the terms contained herein. Execution in counterparts and delivery by facsimile shall constitute
one complete and effective document. I look forward to working with you to move this project
ahead as quickly as possible. Please don't hesitate to call me with any questions.
cc: R.D. Hardy
Acknowledged and Agreed
City of Farmington
Sienna Corporation
By:
Its: Community Development Director
By:
~p,~
Rodney D. tfardy
Vice President
Its:
::ODMA \PCDOCS\FBDOCS 1 \2324397\4
. -- --- V.,., I V 1/ FREDRIKSON
_____.__.__ _.__________ _. & BYRON -B-
~002
FREDRIKSON &BYRON,EA.
Attorneys and Advisors
Mil\neapolis
L..ondon
AJliliuttd Off~u.'
Mexico City
WarsQw
1100 Inrenational Centre
900 Second AVl;:llue South
Minneapolis, MN 55402-3397
(612) 347-7000
FAX (612) 347-7077
www,fredlaw.ccm
Oireet Dial No.
(612) 347-7146
gmullscn@frcdta\lll.eom
December 30, 1999
Mr. David Olson
City of Farmington
325 Oak Street
Fannington. :MN 55024-1358
VIA FAX and MAIL
Re: East Farmington Utility Vacation
Dear Mr. Olson:
This letter is submitted on behalf of Sienna Corporation which supports the proposed vacation of
certain utilities located in the East Farmington development. Article 3, Section 2 of the
Declaration of Covenants which governs the East Farmington Homeowners' Association
indicates that Sienna Corporation cUITently controls the Association.
Article 4 of the Declaration of Covenants states among other things, .'The Association shall ...
(v) carry out any other maintenance required under any agreement with the City of Farmington
. . .". Therefore the Declaration of Covenants indicate that among the duties of the Association is
the requirement to carry out any maintenance required under any agreement with the City of
Farmington. Article 5 of the Declaration of Covenants then states that annual assessments may
be levied for the purpose of paying the costs associated with the duty of the Association as set
forth in the Declaration, which includes the duties set forth above. As such, the authority exists
in the Declarations to levy assessments to pay for the costs of any maintenance associated with
stormwater drainage pipes.
Given the above, the proposed vacation is appropriate at this time.
(j1~Y Y00M
G~ Munson
GWMleka (2334159)
T
cc: Rod Hardy
Jim Sturm
Joel Jamnik
City of Farmington
325 Oak Street, Farmington, MN 55024
(651) 463-7111 Fax (651) 463-2591
www.ci.farmington.mn.us
lOa,
TO: Mayor, Councilmembers, City Administrato~
FROM: Karen Finstuen, Administrative Services Manager
SUBJECT: Annual Organization Matters
DATE: January 3, 2000
INTRODUCTION
State law requires that the City Council address annual organizational matters during its
first regular meeting of the year to make certain designations and appointments.
DISCUSSION
The Council has traditionally taken this time to approve the following actions along with
other actions affecting either process or procedures.
lOa (1). Acting Mayor - Council By-Laws provide that an Acting Mayor be appointed on
a rotating basis in the absence of the Mayor. Councilmember Strachan, subject to
recorded popular votes in the 1996 General Election, is eligible for appointment as Acting
Mayor.
lOa (2). Official Publication - Per State law, the Farmington Independent is the only
publication located within the City's corporate limits and as such qualifies as the City's
legal newspaper.
lOa (3). City Attorney - Joel Jamnik with the firm of Campbell Knutson respectfully
requests reappointment as City Attorney for the year 2000.
lOa (4). Labor Relations Consultant - The firm of Labor Relations Associates, Inc. serves
as an advisory consultant to the City in all personnel-related matters. Their legal advice
in the area of personnel is relied upon on matters requiring confirming legal opinions and
personnel research. It is recommended that the City reappoint Labor Relations
Associates, Inc. in this respective capacity.
lOa (5) Consulting Engineers - The firm of Bonestroo, Rosene, Anderlik & Associates
(BRAA) has submitted information regarding services that are available to the City, along
with 2000 Rate Schedules for both Private and Public Developments. BRAA has
provided the City with exceptional service value, high quality customer service and
expertise on a range of City projects. Appointment of BRAA as the City's consulting
engineers under the new 2000 Rate Schedules is recommended.
lOa (6). Official Depositories - Please refer to the attached memo from the Finance
Director that identifies official City depositories for fiscal year 2000.
lOa (7). Council By-Laws - Please review the attached Council By-Laws document. No
suggested revisions to the by-laws have been identified by Council for the year 2000.
lOa (8). Process Servers - The Farmington Police Department is the designated City
Process Servers.
lOa (9). City Clerk's Bond - State law requires the City Clerk be bonded. The City has
obtained a bond in the amount of $250,000 which is more than adequate to meet City
needs.
lOa (10). Fees and Charges - At the December 20, 1999 meeting, Council adopted
Resolution R108-99 establishing fees and charges for the year 2000. No action is
necessary .
lOa (11). Boards and Commissions - A special meeting has been scheduled for Saturday,
January 8, 2000 at 8:15 a.m. in the Council Chambers for the purpose of interviewing
Commission candidates. Appointments as approved by Council will be placed on the
January 18, 2000 Council Agenda (the second meeting in January is moved to Tuesday
due to the federal holiday).
lOa (12). ALF Ambulance Board Appointment Primary and Alternate - A primary and
an alternate Council member will need to be appointed to the ALF Board for 2000.
Councilmember Strachan currently serves as the primary representative and
Councilmember Soderberg serves as alternate on this board.
lOa (13). Castle Rock, Empire, Eureka, Farmington (CEEF) Appointment - Appoint a
Council member to this committee. Councilmember Verch has been the City's
representative on this multi-jurisdictional board for 1999.
lOa (14). Joint FarmingtonlEmpire Planning Board Appointments - Appoint and/or
acknowledge a Council member, a staff member and at-large member (Planning
Commission representative) to this board. The Director of Community Development is
currently serving on this Board and Todd Larson, Planning Commission member is
serving as the at-large member.
lOa (15). Multi-Jurisdictional Committee - Ash Street/Prairie Waterway Phase III -
Appoint and/or acknowledge two Council members and the City Administrator to serve
on this committee.
lOa (16). Chamber of Commerce Representative - Councilmember Cordes currently
serves as the representative and Councilmember Verch as alternate.
ACTION REQUIRED
Approve the above motions as indicated on the attached form.
Respectfully submitted,
~~
Karen Finstuen
Administrative Services Manager
COUNCIL MEETING
ANNUAL ORGANIZATIONAL
JANUARY 3, 2000
10a(1). MOTION by , second by that Councilmember
Strachan be designated as Acting Mayor from January 3, 2000 through December 31, 2000.
Voting for: Against: Abstain: Motion Carried.
lOa(2). MOTION by , second by that the
Farmington Independent be designated as the official publication from January 3, 2000 through
December 31, 2000 . Voting for: Against: Motion
Carried.
10a(3). MOTION by , second by appointing the
firm of Campbell Knutson, Joel Jamnik as City Attorney from January 3, 2000 through
December 31,2000. Voting for: Against: Motion Carried.
10a(4). MOTION by , second by appointing the
firm of Labor Relations Associates, Inc as Labor Relations Consultant for the year of2000.
Voting for: Against: Motion Carried.
lOa(5). MOTION by , second by appointing the
firm of Bonestroo, Rosene and Anderlik as the City's Consulting Engineer for the year of2000.
Voting for: Against: Motion Carried.
lOa(6). MOTION by , second by that the 1st
National Bank of Farmington, League of Minnesota Cities 4M Fund, Dain Rauscher, Juran and
Moody, Morgan Stanley Dean Witter, Premier Bank of Farmington and Salomon Smith Barney
be designated as the Official Depositories from January 3, 2000 through December 31, 2000.
Voting for: Voting against: Motion Carried
lOa(7). MOTION by , second by
Council By-Laws be approved as presented. Voting for:
Motion carried.
that the City
Voting against:
lOa(8). MOTION by , second by that all sworn
personnel in the Farmington Police Department be designated as process servers for the calendar
year 2000. Voting for: Voting against: Motion Carried.
lOa(9). MOTION by , second by that the
following bonds now on file in the office of the City Clerk be approved:
United Fire and Casualty Public Employees Blanket Bond
January 1,2000 through December 31, 2000
$250,000.00
V oting for: Voting against: Motion carried.
10a(10). RESOLUTION NO. R 108-99 Establishing Fees and charges for licenses and permits
for 2000 was adopted December 20, 1999.
10a(1l). Appointments to Boards and Commissions - Candidates will be interviewed January 8,
2000 and appointments will be made at the January 18, 2000 Council meeting.
10a(12). MOTION by , second by
Councilmember as the primary and Councilmember
alternate representative to the ALF Ambulance Board. Voting for:
Voting against: Motion Carried.
, to appoint
as the
10a(13). MOTION by
Councilmember
Voting for:
, second by to appoint
as the City's representative to the CEEF Committee.
Voting against: Motion Carried.
10a(14). Acknowledge the designation of Councilmember, Dave Olson,
Staff member and Todd Larson, Planning Commission member on the Joint Farmington/Empire
Planning Board.
10a(15). Acknowledge the designation of Councilmember and
Councilmember and John Erar, Staff member on the Multi-Jurisdictional
Committee, Ash Street/Prairie Waterway Phase III
10a(16). MOTION by
Councilmember
Councilmember
against:
, second by to appoint
as Council's representative to the Chamber of Commerce and
as an alternate. Voting for: Voting
Motion Carried.
100- (~
To: The City of Farmington
From: The Farmington Independent
It is hereby affirmed:
(a) The Farmington Independent Newspaper is printed in the English language, is printed in
newspaper format and in column and sheet form equivalent in printed space to at least 1,000
square inches.
(b) The Farmington Independent Newspaper is issued weekly, 52 weeks per year.
(c) The Farmington Independent Newspapers averages 50 percent of its printed space to paid
advertising material and public notices. The balance of printed space is given to news of local
inerest, sports and community events.
(d) The Farmington Independent Newspaper has a paid circulation of 2,100 and distributes up
to 2,100 without charge to residents on the Farmington Post Office delivery.
(e) The Farmington Independent Newspaper is based at 320 Third St., Farmington, Minnesota.
(f) A copy of each issue of the Farmington Independent Newspaper is mailed directly to the
state historical society.
(g) The Farmington Independent Newspaper is available to anyone who is a paid subscriber, or
is distributed to them free of charge.
(h) The Farmington Independent Newspaper has complied with all the foregoing conditions
for over one year immediately preceding date of notice of publication.
(i) The Farmington Independent Newspaper publishes second-class statement of ownership
and circulation, sworn to by the Farmington U.S. Post Office and a copy of same will be filled
with the Secretary of State before Jan. 1 of each year.
Sincerely,
C1J~
Chad Richardson
General manager
The Farmington Independent
CAMPBELL KNUTSON
I 0 ()..J~ ')
Professional Association
Attorneys at Law
December 16, 1999
Joel J. Jamnik
Andrea McDowell Poehler
Matthew K. Brokl*
John F. Kelly
Matthew J. Foli
Marguerite M. McCarron
Gina M. Brandt
Thomas J. Campbell
Roger N. Knutson
Thomas M. SClm
Elliott B. Knetsch
(651) 452-5000
Fax (651) 452-5550
* Also licensed in Wisconsin
Mr. John F. Erar
City of Farmington
325 Oak Street
Farmington, Minnesota 55024
Re: Agreement for Legal Services
Dear John:
As we discussed, enclosed is a proposed revision to the Agreement for Legal Services
between the City and Campbell Knutson.
The most significant revisions are moving to a combined civil and prosecution retainer of
$8,000.00 per month in contrast to a split or separate retainer, and increasing the hourly rate of
the principal attorneys by $5.00 per hour. We propose maintaining the current rate for
associates.
If these changes are acceptable, I propose that the new rates and retainer structure go into
effect January 1, 2000. That will allow for adjustments to the City budget, if necessary, and will
also result in our original contract being in effect at the initial rates for approximately 21 months.
Please contact me if you have any questions.
Very truly yours,
CAMPBELL KNUTSON
Professional Association
JJJ:cjh
Enclosure
~~
B '. -
Joel J. .
74072
Suite 317 . Eagandale Office Center · 1380 Corporate Center Curve · Eagan, MN 55121
AGREElVIENT FOR LEGAL SERVICES
BETWEEN THE CITY OF FARMINGTON AND
CAMPBELL KNUTSON, Professional Association
TIllS AGREElVIENT, effective January 1, 2000, is by and between the CITY OF
FARMINGTON, a Minnesota municipal corporation ("City") and CAMPBELL
KNUTSON, Professional Association, a Minnesota corporation ("Attorney").
NOW, THEREFORE, in consideration of the mutual undertakings herein, the
parties hereto agree as follows:
1. SERVICES AND RELATIONSIDP.
A. The Attorney shall furnish and perform general civil municipal and
criminal prosecution legal services for the City.
B. The Attorney shall be engaged as an independent contractor and not
as a City employee. The Attorney is free to contract with other entities.
2. TERM.
A. The Attorney shall serve at the pleasure of the City Council, and this
Agreement may be terminated without cause by resolution of the City Council.
B. The Attorney may terminate this Agreement at any time, provided
that the Attorney shall give the City ninety (90) days written notice before the termination
becomes effective.
3. FEES.
A. Campbell Knutson will provide civil municipal and criminal
59775.03
EBK 07/12/99
prosecution legal services to the City for a total monthly amount which shall not exceed
$8,000.00, billed at the following hourly rates:
Civil Municipal
Joel J. J amnik and Partners
Associate Attorneys
Legal Assistants
$105.00
$ 95.00
$ 60.00
Legal services subject to inclusion in the combined $8,000.00 retainer are:
59775.03
EBK 07/12/99
.
Attending all City Council meetings, other City board, commission
or committee meetings as required by the City Council or City
Administrator.
.
Drafting ordinances, resolutions, and correspondence as requested,
not including comprehensive revisions or updates of official controls
or codification of the City Code.
.
Reviewing all Council and Planning Commission agenda items and
minutes.
.
Meetings and/or telephone conversations with and advising Mayor,
Councilmembers, City Administrator, Department Heads and other
staff on general legal matters.
.
Reviewing municipal contracts, including contracts for public
improvements, developments, joint powers agreements, construction
and purchase of equipment.
.
Consulting on employment related issues.
.
Researching and submission of legal opinions on municipal or other
legal matters requested by City staff or City Administrator.
.
Meetings with the City Administrator and Department Heads as
needed to review Council agenda items, the status of all legal matters
before the City and, as requested, the provision of a written status
report on current litigation and unresolved matters.
2
. Providing a legal briefmg as requested to the City staff and Council
regarding new or proposed legislation affecting municipal operations
and activities.
. Providing, on a periodic basis, written updates and training on new
state or federal legislation or judicial decisions impacting the City,
and suggesting action or changes in operations or procedures to
assure compliance.
. Reviewing bonds, deeds, SeCUrItIes and insurance requirements
required by and for City contracts or activities.
. Reviewing documents submitted by bond counsel involving the
issuance of debt or debt related instruments and provide opinions as
requested or required.
. Enforcing City ordinances, not including civil litigation or criminal
prosecution.
B. Prosecution: Campbell Knutson will provide criminal prosecution
legal services to the City, billed at the following hourly rates:
Elliott B. Knetsch and Partners
Associates
Legal Assistants
$100.00
$ 90.00
$ 35.00
All prosecution legal services will be included in the combined civil/prosecution retainer
except the following:
. Criminal appeals.
. Forfeitures of motor vehicles and weapons pursuant to state law.
. Prosecution of ordinance violations initiated by any City department
other than the police department.
These non-retainer legal services would be billed at the civil municipal hourly rate.
C. Non-Retainer Matters: Non-retainer civil matters would include
59775.03
EBK 07/12/99
3
active representation of the City in agency or legislative proceedings, grievance or interest
arbitration, real estate sales or acquisition, litigation and appellate matters. Services
rendered are billed according to the actual time incurred, with a minimum increment of
two-tenths of an hour.
D. Pass Through: The customary hourly rate of the attorney doing the
work, ranging from $90.00 to $200.00 per hour, for legal services that are to be passed
through to third parties according to the City's policies.
E. Costs: Out-of-pocket costs without mark-up. Costs include:
. Westlaw
. Recording fees
. Postage of 50C or more
. Photocopies at 20C per copy
. Long distance telephone calls
. Litigation (court filing fees, expert witnesses, acquisitions,
subpoenas, service of process, etc.)
F. Payments for legal services provided the City shall be made in the
manner provided by law. The City will normally pay for services within thirty (30) days
of receipt of a statement for services rendered.
4. INSURANCE. The Attorney will purchase and maintain sufficient
insurance to protect Attorney against claims for legal malpractice.
5. MISCELLANEOUS.
A. Governing Law: This Agreement shall be governed by the laws of
the State of Minnesota.
B.
Assignment: The Attorney may not assign or refer any of the legal
59775.03
EBK 07/12/99
4
services to be performed hereunder without the written consent of the Farmington City
Council.
C. Conflicts: Attorney shall not accept representation of a new client
that constitutes a conflict of interest with the City. The Attorney shall handle any conflict
that arises with the City in the same manner as the Attorney handles conflicts with any
other public client. If a conflict develops between an existing public client of Attorney
and the City, such that Attorney has an ethical conflict of interest, Attorney shall inform
the City of the conflict. Attorney may:
i) withdraw from representation of both parties;
ii) represent both parties with the informed consent of both parties; or
iii) represent one client and withdraw from representation of the other
client, with the informed consent of that client.
If the City incurs outside legal fees due to Attorney's withdrawal from
representation of the City, for matters that would have been included in the civil retainer,
Attorney shall pay up to $3,000.00 per conflict of the legal fees for outside counsel
actually incurred by the City.
If the City incurs similar outside legal fees for matters that would have been
outside the civil retainer, Attorney and City shall each pay one-half of the outside
Council's hourly rate to the extent it exceeds $100.00. Attorney's payments shall not
exceed $3,000.00 per calendar year.
59775.03
EBK 07/12/99
5
D. Effective Date: This Agreement shall become effective upon its
execution by the City and the Attorney. This Agreement shall not be modified or
amended without the approval in writing of the Farmington City Council.
Dated:
, 2000.
CITY OF FARMINGTON
BY:
Gerald Ristow
Mayor
AND
John Erar
City Administrator, Clerk
Dated:
,2000.
CAMPBELL KNUTSON
Professional Association
BY:
Elliott B. Knetsch
Vice President
59775.03
EBK 07/12/99
6
CITY OF FARMINGTON - MARCH. 1998 THROUGH MAY. 1999
GENERAL PROSE-
LEGAL CUTION
SERVICES SERVICES
MONTH ACTUAL AMOUNT WRITE- ACTUAL AMOUNT WRITE-
HOURS BILLED OFF HOURS BILLED OFF
March, 12.70jatty.
1998 44.10jatty. $4,000.00 $396.00 6.70 j asst. $1,406.50 0
April, 38.40 j atty.
1998 61.20 j atty. $4,000.00 $1,948.50 12.50 j asst. $3,970.00 0
May, 37.70 j atty.
1998 38.40 j atty. $3,769.00 0 18.10jasst. $4,000.00 $117.50
June, 30.60 j atty.
1998 41.90/atty. $4,000.00 $112.00 18.60/asst. $3,161.00 0
July, 27.60jatty.
1998 62.20/atty. $4,000.00 $2,149.00 23.10 j asst. $3,378.00 0
August, 65.70/ atty. 18.40jatty.
1998 2.00/asst. $4,000.00 $2,608.00 13.10/asst. $2,138.50 0
September, 26.70jatty.
1998 35.80/atty. $3,538.00 0 12.90/ asst. $2,871.00 0
October, 52.10/atty. 32.10jatty.
1998 .60/ asst. $4,000.00 $1,211.00 19.60/asst. $3,602.50 0
November, 51.45/atty. 24.60jatty.
1998 .30 j asst. $4,000.00 $1,061.75 17.30 j asst. $2,879.00 0
December, 32.40jatty.
1998 60.20/atty. $4,000.00 $1,966.00 25.10jasst. $3,839.50 0
January, 45.40 j atty.
1999 37.40 j atty. $3,703.50 0 22.30 j asst. $4,000.00 $996.00
February, 37.50 j atty.
1999 58.60/ atty. $4,000.00 $1,721.50 21.90/asst. $4,000.00 $195.00
March, 41.30jatty. 21.40jatty.
1999 .60/ asst. $4,000.00 $126.50 19.60jasst. $2,665.00 0
April, 45.20/atty. 20.50jatty.
1999 .30/ asst. $4,000.00 $470.00 24.30/asst. $2,761.85 0
May, 36.90/atty. 26.70/ atty.
1999 .60/ asst. $3,679.00 0 31.00 j asst. $3,540.50 0
TOTALS 736.85 $58,689.50 $13,770.25 I 718.80 I $48,213.35 I $1,308.50 I
12/28/99 TUE 08:23 FAX 6125461552
LABOR RELATIONS ASSOC.
~002
LABOR RELATIONS ASSOCIATES, INC.
7501 Golden Valley Road
Golden Valley, Minnesota 55427
612/546-1470
FAX; 612/546-1552
I O~ (4)
December 27, 1999
TO:
Mr. John Erar
City Administrator
FR.OM:
Ann Antonsen
Consultant
SUBJECT:
Metropolitan Area Manager's Association (MAMA) Labor Relations Subscriber
Service for 2000
At your request I am providing preliminary infonnation regarding the Labor Relations Subscriber
Service for 2000.
As in past years the subscriber service provides a labor relations resource and consulting services
at a reduced rate for subscriber cities. The City of Farmington has been a subscriber for the past
several years.
The membership fee and hourly rate a:re determined by the MAMA Labor Relations Committee,
At this time, the Committee has not yet detennined what the 2000 fees will be, but I have been
informed that the increase will not exceed 3%. For 1999, the City of Fannington's membership
fee was $2,590,00. Consulting services for all member cities were billed at an hourly rate of
$78.00,
Information regarding the 2000 Labor Relations Subscriber Services will be sent to all member
cities in January by MAMA..
..,
~
--
1\11
Bonestroo
Rosene
Anderlil< &
Associates
Bonestroo, Rosene, Ander/ik and Associates, Inc ;s an Affirmative Action/Equal Opportunity Employer
Principals: Otto G. Bonestroo, PE. . Joseph C. Anderlik, P.E. . Marvin L. Sorvala, P.E. .
Glenn R. Cook, PE. . Robert G. Schunicht, f'E. . Jerry A. Bourdon, f'E. .
Robert W. Rosene, P.E., Richard E. Turner. P.E. and Susan M. Eberlin, C.P.A., Senior Consultants.
Associate Principals: Howard A. Sanford, f'E. . Keith A. Gordon, P.E. . Robert R. Pfefferle, f'E. .
Richard W. Foster, P.E. . David O. Loskota, P.E. . Robert C. Russek, A. I. A. . Mark A. Hanson, f'E. .
Michael T. Rautmann, PE. . Ted K.Field, PE. . Kenneth I' Anderson, f'E. . Mark R. Rolfs, PE. .
Sidney I' Williamson, f'E., L.S. . Robert F. Kotsmith . Agnes M. Ring. Allan Rick Schmidt, PE.
Offices: St. Paul, Rochester, Willmar and St. Cloud, MN . Milwaukee, WI 10 r&. I c)
Website: www.bonestroo.com \J\.. l.:~
Engineers & Architects
November 10, 1999
City of Farmington
Attn: John Erar
325 Oak Street
Farmington, MN 55024-1374
Re: 2000 General Engineering Rates
Honorable Mayor and City Council:
Serving municipalities is not only our specialty; it is our privilege and pleasure. We appreciate the trust
you've shown in us as we've helped you plan for, set and reach your engineering and architectural goals.
To help you prepare for projects in the new year, we are enclosing our revised hourly rates for general
engineering services, which will be effective January 1,2000. We strive to strike a balance between
keeping our hourly rates as low as possible while maintaining our commitment to keeping staff and
technical capabilities innovative and efficient.
If you have any questions concerning any aspect of our rates or services, please feel free to contact me at
(651) 636-4600, or directly at (651) 604-4765. Again, we have appreciated our relationship with the City
of Farmington, and our entire stafflooks forward to serving you in 2000.
Sincerely,
BONESTROO, ROSENE, ANDERLIK & ASSOCIATES, INC.
fl1~'iJtuJu
Marvin L. Sorvala
MLS: tb
Enclosure(s)
cc: Glenn Cook
2335 West Highway 36 · St. Paul, MN 55113 · 651-636-4600 . Fax: 651-636-1311
2000
Rate Schedule
Classification 1999 % Inc. 2000
Senior Principal $94.50 3.1% $97.50
Principal/Project Manager I Senior Scientist I Planner $84.50 3.4% $87.50
Register Engineer/Architect I Natural Resource Specialist I Software Programmer $73.50 3.3% $76.00
Project Engineer/Architect/Scientist I Senior Field Supervisor $64.50 3.7% $67.00
GIS Specialist I Senior Designer $63.50 3.1% $65.50
Graduate Engineer/Architect/Scientist I Field Supervisor $57.50 3.4% $59.50
Senior Draftsperson I Senior Inspector $52.00 3.7% $54.00
Inspector I Draftsperson I Senior Technician $48.50 3.0% $50.00
Technician $34.50 2.8% $35.50
Word Processor $34.00 2.9% $35.00
Total Station Equipment $20.00 0.0% $20.00
GIS Workstation Equipment $20.00 0.0% $20.00
GPS Equipment (per half day) $50.00 0.0% $50.00
Attendance at Regular Council Meeting $50.00/Mtg.
These rates are adjusted annually at the first of the year in accordance with the normal review procedures of
Bonestroo, Rosene, Anderlik and Associates, Inc.
Reimbursable Expenses - At Cost
Reproduction, Printing, Duplicating, Mileage
Out of pocket expenses such as stakes, field supplies, telephone calls, etc.
City of Farmington
'l. (.. .to.
2000
Private Developer's
Rate Schedule
Classification
2000
Senior Principal
$127.00
PrincipallProject Manager I Senior Scientist I Planner
$114.00
Register Engineer/Architect I Natural Resource Specialist I Software Programmer
$99.00
Project Engineer/Architect/Scientist I Senior Field Supervisor
$87.00
GIS Specialist I Senior Designer
$85.00
Graduate Engineer/Architect/Scientist I Field Supervisor
$77.50
Senior Draftsperson I Senior Inspector
$70.00
Inspector I Draftsperson I Senior Technician
$65.00
Technician
$46.00
Word Processor
$45.50
Total Station Equipment
$20.00
GIS Workstation Equipment
$20.00
GPS Equipment (per half day)
$50.00
These rates are adjusted annually at the first of the year in accordance with the normal review procedures of
Bonestroo, Rosene, Anderlik and Associates, Inc.
Reimbursable Expenses - At Cost
Reproduction, Printing, Duplicating, Mileage
Out of pocket expenses such as stakes, field supplies, telephone calls, etc.
City of Farmington
City of Farmington
325 Oak Street, Farmington, MN 55024
(651) 463-7111 Fax (651) 463-2591
www.ci.farmington.mn.us
I D 0- ((p )
Mayor, Councilmembers, City Administrato~
Robin Roland, Finance Director
TO:
FROM:
SUBJECT:
Official Depositories of City Funds
DATE:
January 3, 2000
INTRODUCTION
Each year, official depositories of funds must be designated by the City Council.
DISCUSSION
Minnesota Statutes Section 118 sets forth the procedures for the deposit of public funds and
requires the vendors be designated as depository of funds. The City of Farmington has money
which is available for investment. Different financial institutions offer different rates of return on
investment. Investment interest income should be maximized while conserving capital and
protecting taxpayer funds. In order to optimize the rate of return on the City's funds under section
118, the following vendors are recommended as depositories for fiscal year 2000:
~
First National Bank of Farmington
League of Minnesota Cities 4M Fund
Dain Rauscher
Juran & Moody
Morgan Stanley Dean Witter
Premier Bank of Farmington
Salomon Smith Barney
The City has made these depositories aware of the allowable investments under Section 118 in
which the City will invest.
BUDGET IMPACT
Revenues from investment interest are budgeted in 2000.
ACTION REQUIRED
Designate the above as City depositories for 2000.
~~~
Robin Roland
Finance Director
/00.):;)
COUNCIL BY-LAWS
SCOPE
These by-laws are proposed pursuant to the provisions of Title I, Chapter 5, Section 2 of the
Farmington City Code. These by-laws, when adopted, are intended to deal with matters not
otherwise covered by State Law, City Ordinance or elsewhere.
SECTION I - MEETINGS
SUBD. 1 - Regular meetings of the City Council shall be held on the first (1st) and third (3rd)
Monday of each month at 7 :00 p.m. Any regular meeting falling upon a holiday shall be held on the
next following business day at the same time and place. All meetings, including special and
adjourned meetings, shall be held in the City Hall unless otherwise designated.
SOOD. 2 - Special meetings of the Council may be called by the Mayor or by any two members of
the Council by writing, filed with the Clerk. At least 3 days before the meeting, the Clerk shall notify
each member of the time, place and purpose of the meeting by causing written notice thereof to be
delivered to him/her personally if he/she can be found, or if he/she cannot be found, by leaving a
copy at the home of the member with some person of suitable responsibility. At least 3 days prior to
the meeting, the Clerk shall also post notice of the meeting and notify each person who has filed a
written request for notice of special meetings. Emergency meetings may be held because of
circumstances that, in the judgment of the Council, require immediate attention. Notification
requirements shall be suspended for special meetings except that the Clerk must make a good faith
effort to contact each Council member and persons filing a request for written notice.
The notice of special meeting shall state the item(s) to be discussed and possibly acted upon. Items
not stated in the notice may be discussed, but no action may be taken if any member objects.
Any special meeting attended by a majority of the Council members shall be a valid meeting for the
transaction of any business that may come before the meeting.
SUBD. 3 - At the first regular Council meeting in January of each year, the Council shall: (1)
designate the depositories of City funds; (2) designate the official newspaper; (3) pursuant to this
section, choose an Acting Mayor from the trustees, who shall perform the duties of the Mayor during
the disability or absence of the Mayor from the City, or in case ofa vacancy in the office of Mayor,
until a successor has been appointed and ~ualifies. The Acting Mayor shall be selected as follows:
Odd Numbered Year - Member serving 3 year of term who received the most votes when elected;
Even Numbered Year - Member serving 4th year of term who received the 2nd most votes when
elected.
SUBD. 4 - Commission appointments, boards and committees shall be made at the second (2nd)
regular meeting of each year. All appointments will be made from applications that have been filed
with the Clerk. All applications submitted shall be retained for a period of one year to serve as a file
from which appointments can be made during the year if needed.
SUBD. 5 - All Council meetings, as defined by State Law, including special and adjourned meetings
shall be open to the public. The City Attorney shall advise the Council, in writing, as to his
interpretations of the State "Open Meeting Law." All new members shall be provided such written
interpretation and briefed on such by the City Attorney. The Attorney shall bring any changes in his
interpretation to the attention of the Council, in writing, and have the subject placed on the agenda for
discussion.
SUBD. 6 - Council shall adopt such policies that will ensure an orderly, mutually respectful and
appropriate public meeting atmosphere conducive to the proper conduct of City affairs and business.
Rules governing the conduct of the meeting shall be enforceable by the presiding officer, typically
the Mayor, or any other such Council member in the absence of the Mayor. Council may adopt such
rules as a separate Council Policy and may make such changes in policy as deemed appropriate.
SECTION II - PRESIDING OFFICER; RULES OF ORDER
SUBD. 1 - The Mayor shall preside at all meetings of the Council. In the absence of the Mayor, the
Acting Mayor shall preside. In the absence of both, the Clerk shall call the meeting to order and shall
preside until the Council members present at the meeting choose one of their members to act
temporarily as presiding officer.
SUBD.2 - The presiding officer shall preserve order, enforce the rule of procedure herein prescribed,
and determine all questions of procedure and order. Except as otherwise provided by statute or by
these rules, the proceedings of the Council shall be conducted in accordance with the following rules
of order.
A. A motion must be seconded before being considered by the Council, and the mover, as well as the
seconder, must be recognized by the presiding officer.
B. Any motion may be withdrawn by its mover with the consent of his /her second. But a motion,
once debated, cannot be withdrawn except by majority vote of the Council.
C. A motion will not be subject to debate until it has been stated by the presiding officer and s/he has
opened it to debate.
D. Each member, while speaking, shall confine him/herselfto the question at hand and avoid all
personal, indecorous or sarcastic language.
E. Whenever any member of the Council desires to speak on any question which affects him/her
personally, s/he shall first vacate his chair and shall not resume his seat until the matter under
consideration has been acted upon. He shall be allowed to make comments on the question as a
private citizen.
F. Whenever public hearings are held, the presiding officer, during the open hearing, shall allow any
member of the public present, the privilege of speaking. A reasonable time shall be allowed to
anyone as long as they are not repeating points already made. The public will conduct themselves
in the same manner as would be expected from the Council. The presiding officer shall be
responsible for the public's conduct and may rule anyone out of order.
G. During times at any meeting, the presiding officer will allow the public to participate as long as
there is reason to believe the input is beneficial.
SUBD. 3 - Any member may appeal to the Council from a ruling of the presiding officer. If the
appeal is seconded, the appealing member may speak first on the reason for his appeal. General
discussion can then take place on the appeal before a vote. The appeal shall be sustained if it islapproved by a majority of the members present.
2
SECTION III - AGENDAS
SUBD. 1 - The agenda shall be prepared by the Clerk and shall be closed at noon on the second
Friday preceding the meeting for publication purposes. Items may be added to the agenda for
Council action until noon of the Monday preceding the meeting.
SUBD.2 - The Clerk shall publish a copy of the agenda in the issue of the official newspaper
immediately preceding the Council meeting.
SUBD.3 - The agenda packet shall be distributed to the Council by 6:00 p.m. on the Thursday
preceding the Council meeting.
SUBD. 4 - Any member can place an item on the agenda by so instructing the Clerk.
SUBD. 5 - No item shall be placed on the agenda unless the item is expressed in such a way as to
clearly show the subject matter involved.
SUBD. 6 - The agenda shall be subject to approval by a majority vote of the members present. Items
not on the agenda may be discussed, but no action may be taken if any member objects.
SUBD. 7 - A consent agenda may be included as part of the agenda, to be approved by a unanimous
vote of the City Council. Items may be removed from the consent agenda by request ofthe Mayor or
Council members.
SECTION IV - ORDER OF BUSINESS
SUBD. 1 - Each meeting of the Council shall convene at the time and place appointed therefore.
Council business shall be conducted in the following order:
(1 ) Call to Order
(2) Pledge of Allegiance
(3) Roll Call
(4) Approve Agenda
(5) Announcements
(6) Citizen Comments (5-minute limit per person for items not on the agenda)
(7) Consent Agenda (All items will be approved in 1 motion with no discussion unless anyone
wishes an item removed for discussion).
(8) Public Hearings
(9) Award of Contracts
(10) Petitions, Requests and Communications
(11) Unfinished Business
(12) New Business
3
(13) Council Roundtable
(14) Adjourn
SUBD.2 - The order of business may be varied by the presiding officer, with the scheduled time of a
public hearing publicly specified as concurrent with that of the time of the Council meeting. Public
hearings scheduled shall then be opened by the presiding officer in the order they appear on the
agenda, or may be varied to facilitate the efficient conduct of Council business.
SUBD. 3 - Each person shall be allowed a maximum of 5 minutes to address the Council under
Citizen Comments.
SECTION V - MINUTES
SUBD. 1 - Minutes of each Council meeting shall be kept by the Clerk, or, in his absence, his
designee. In the absence of both, the presiding officer shall appoint a secretary pro tem. Ordinances,
resolutions and claims need not be recorded in full in the minutes if they appear in other permanent
records or the Clerk and can be accurately identified from the description given in the minutes.
SUBD. 2 - The minutes of each meeting shall be reduced to typewritten form, shall be signed by the
taker, and copies thereof shall be delivered to each Council member as soon as practicable after the
meeting. At the next regular Council meeting following such delivery, approval of the minutes shall
be considered by the Council. The minutes need not be read aloud, but the presiding officer shall call
for any additions or corrections. If there is no objection to a proposed addition or correction, it may
be made without a vote of the Council. If there is an objection, the Council shall vote upon the
addition or correction. If there are no additions or corrections, the minutes shall stand approved.
SUBD. 3 - In addition to typewritten minutes, each Council meeting held in the Council Chambers
shall be tape recorded. Recordings shall be kept on file in the Clerk's Office in a secure location for a
period of 18 months from the date of recording. The door to the recording equipment shall be kept
locked except during Council meetings. Executive sessions recorded pursuant to State Law shall
follow State guidelines.
SUBD. 4 - The minutes shall substantially follow the following format:
MINUTES
COUNCIL MEETING
(REGULAR OR SPECIAL) MEETING
DATE
1. Presiding officer, time and place of meeting.
2. Members Present and Absent, time any member arrives late or leaves early. The time shall also
be recorded in the text of the minutes.
3. Summaries of all discussions, communications, decisions, including a copy of each motion
exactly as stated, whether or not the motion had a second and, if so, whether or not it was
adopted, and a record of the vote. (Complete copies of resolutions or ordinances are not required
to be recorded as part of the minutes.)
4. Time of adjournment.
4
SECTION VI - QUORUM AND VOTING
SUBD. 1 - At all Council meetings a majority of all the Council members elected shall constitute a
quorum for the transaction of business.
SUBD. 2 - The votes of members on any question pending before the Council shall be by roll call,
except for the following agenda items: approval of the agenda; approval of the minutes; approval of
the consent agenda; and adjournment. The Clerk shall call the roll on a rotating basis. The names of
those voting for and against the question shall be recorded in the minutes. If any member, being
present, does not vote, the minutes shall be stated "Abstain: Name."
SUBD. 3 - Except as otherwise provided by statute, a majority vote of a quorum shall prevail.
SECTION VII - ORDINANCES, RESOLUTIONS, MOTIONS, PETITIONS AND
COMMUNICATIONS
SUBD. 1 - If requested by any member of the Council, every ordinance and resolution shall be
presented in writing and shall be read in full before a vote is taken thereon. All motions shall be
recorded in the minutes and stated in full before they are submitted to a vote by the presiding officer.
All petitions and other communications addressed to the Council shall be in writing and shall be read
in full upon presentation of the same to the Council. They shall then be recorded in the minutes by
title and filed in the office of the Clerk.
SUBD.2 - Every ordinance and resolution passed by the Council shall be signed by the Mayor,
attested by the Clerk, and filed by him/her in the ordinance or resolution book. Proof of publication
of every ordinance shall be on file in the office of the Clerk.
SUBD. 3 - Every ordinance and resolution repealing a previous ordinance or resolution or a section
or subdivision thereof shall give the number, if any, and the title of the ordinance or resolution to be
repealed in whole or in part. No ordinance or resolution or section or subdivision thereof, shall be
amended by reference to title alone, but such an amending ordinance or resolution shall set forth in
full each section or subdivision to be amended.
SECTION VIII - ADMINISTRATOR REVIEW
SUBD. 1 - The City Council shall conduct an annual review of the City Administrator. The
procedure shall be substantially as follows:
A. The Administrator shall distribute a Council approved evaluation form on or before the
anniversary of the Administrator's appointment.
B. Council members shall complete the prescribed form and schedule a special meeting to evaluate
the Administrator based upon the written evaluations submitted.
C. The completed evaluation form shall be submitted to the City Attorney within 21 days from the
date the evaluation document is received by Council.
5
D. The City Attorney shall tabulate the results of the evaluation without any reference to individual
Council members.
E. The City Council shall consider the tabulated results during a regular meeting following the
special meeting to evaluate the administrator and may take action accordingly.
SECTION IX - BOARDS AND COMMISSIONS; MINIMUM PERFORMANCE
SUBD. 1 - There shall be submitted to the Council at the second meeting of January of each year, a
performance report of various Boards, Commissions and Councils.
SUBD. 2 - Reports shall be submitted to the Council on the Water Board, Planning Commission,
Zoning Board of Adjustment, Parks and Recreation Advisory Commission, Human Rights
Commission, CATV Advisory Commission, Reforestation Advisory Commission and
Redevelopment Authority.
SUBD. 3 - Reports shall state the number of regular and special meetings held and the total number
of meetings attended by each member.
SUBD. 4 - It shall be the goal of the Council to meet at least one time per year with each Board and
Commission on an informal basis. Such meeting shall not be held in conjunction with a regularly
scheduled meeting of the Council, Board or Commission.
SECTION X - AUTHORIZED EXPENDITURES AND REIMBURSEMENTS
SUBD. 1 - Definitions For the purpose of this section, the following terms shall have these meanings
given them.
Authorized Person: The Mayor or any Council member.
Authorized Expenditure: Expenditures made on behalf of the City for a public purpose as determined
by the City Council. Authorized expenditures shall include, but not be limited to, the following:
Travel (except auto mileage within 25 miles), meals, registration, tuition, course materials.
Official Function: Any function which is for a public purpose as determined by the City Council.
Official functions shall include, but not be limited to, the following: Council meetings outside of the
City limits, League of Minnesota functions, training sessions, education courses, official City
business, legislative meetings, seminars, meetings where City representation is requested.
SUBD. 2 - An authorized person may be reimbursed for all authorized expenditures incurred for
attending an official function provided that the following conditions are met:
A. The expenditures must be for a public purpose as determined by the City Council.
B. The Council must be authorized to make the expenditure.
C. The money must have actually been spent on the behalf of the City, except as provided under
Subdivision 3(C)(2).
D. The Council has approved the request to attend an official function except as provided under
Subdivision 3(C)(I).
6
SUBD. 3 - Procedure:
A. A request to attend an official function, or to request reimbursement for attending an official
function shall be submitted to the City Council on an authorized form for consideration as soon
as reasonably possible.
B. The Council shall either approve the request provided that the conditions set forth under
Subdivision 2(A)(B)(C) are met, or deny the request.
C. The person may submit a list of itemized expenditures on an authorized form for Council action
as follows:
1. Reimbursements for expenses may be submitted for Council consideration.
2. The Council may advance the estimated cost of traveling to and attending the function,
provided the person submits a list of itemized authorized expenditures, and reimburse the
City for any unused portion.
SUBD. 4 - The Mayor shall be reimbursed on a monthly basis as set forth in the annual operating
budget, provided that the Mayor submit an affidavit of expenses for the allocated amount.
SECTION XI - SUSPENSION OR AMENDMENT OF BY-LAWS
SUBD. 1 - These by-laws may be temporarily suspended by a unanimous vote of the members
present.
SUBD.2 - These by-laws shall not be repealed or amended except by a majority vote of the whole
Council after notice has been given at some preceding Council meeting.
SECTION XII - EFFECTIVE DATE
SUBD. 1 - These by-laws have been adopted by the Council on the 6th day of September, 1983 and
become effective on the first day following publication of the same in the official newspaper.
Adopted: 9/6/83
Effective: 10/3/83
Amended: 8/03/87
1/21/92
4/20/92
8/17/92
2/01/93
7/18/94
9/06/94
1/17/95
1/16/96
3/03/97
11/03/97
1/05/98
2/1/99
7
City of Farmington
325 Oak Street, Farmington, MN 55024
(651) 463-7111 Fax (651) 463-2591
www.ci.farmineton.mn.us
/Ob
TO:
Mayor, Council M~~s,
City Administrator!.I' (.../
Lee Smick, AICP .,;:: ()
Planning CoordinatoY^-
FROM:
SUBJECT:
Vermillion Grove Schematic PUD
DATE:
January 3, 2000
INTRODUCTION
Rottlund Homes proposes to develop approximately 122.5 acres of land in the southeast quadrant
of the intersection of CSAH 31 (Pilot Knob Road) and CR 64 (195th Street W est) as a single and
multi-family development with a small amount of land set aside for neighborhood commercial.
The developer proposes the R-3 PUD zoning due to the variety of land uses within the
development. The Schematic PUD plan establishes the underlying zoning and location for each
of the different land uses within the development.
DISCUSSION
City staff requests that the City Council review the proposed land uses designated on the
Vermillion Grove Schematic PUD plan. Road layouts will be subject to approval at the platting
stage of the approval process.
Land Use Issues
The developer has proposed a variety of land uses including approximately 42 acres of low-
density residential, 24 acres of low/medium density residential, 21 acres of medium density
. residential and 3.5 acres of commercial.
Upon submittal of the schematic plan by Rottlund Homes on November 10, 1999, City staff re-
designated the original land use designations from medium and high-density to low/medium and
medium-density, eliminating the acreage of high density on the site. Although the high-density
acres were removed from the site, the City continues to maintain the 32-36% housing goals to
2020 to meet the requirements of the Livable Communities Act.
Proposed Development
The development proposes to amend the existing low-density residential land use to a mix of
low, low/medium and medium-density residential and possible commercial uses as proposed in
the 2020 Comprehensive Plan Update. The amendment for the changes to the proposed land
uses will occur when the Metropolitan Council approves the 2020 Comprehensive Plan Update
early in 2000.
The development proposes 340 housing units constructed on approximately 122.5 acres. The
proposed land uses are as follows:
Housing Type Total Acres Number of Units
Single-Family 41.8 acres 97 units
Gardens/Garden Townhomes 24.3 acres 95 units
Villa Townhomes 21.1 acres 148 units
Commercial 3.5 acres N/A
If the neighborhood commercial area is not developed, 10 additional garden units will be
proposed within the 3.5 acres generating approximately 350 housing units in total for the
development.
Proposed Density
The development proposes the following gross densities:
Housing Type Proposed Density City Requirement Land Use Designation
Single-Family 2.3 dulac 1 to 3.5 dulac Low-Density
Gardens 3.9 dulac 2.5 to 5.5 dulac Low/Medium-Density
Villa Townhomes 7 dulac 5.5 to 14.0 dulac Medium-Density
The proposed gross densities correlate to the 2020 Comprehensive Plan Update.
Housing & Homebuyer Characteristics
The single-family product proposes ramblers, split-levels and two-story configurations. The
gardens are slab on grade construction and provide one-level living and consist of a 4-unit
building. The garden townhomes include a basement. The two-story villa townhomes consist of
8 to 12-unit building.
The development is proposed to meet the needs of the first time homebuyer, the move-up
purchaser and the "empty nester" looking to down size. The villa townhomes will accommodate
the first time homebuyer and are the most affordable in the Rottlund Development. This product
will range in size from 1,220 to 1,645 square feet. The villas will be part of the first phase of
development on the property.
The gardens and the garden townhomes will meet the needs of the "empty nester" with one level
living in the gardens home and one level and a basement living in the garden townhomes. These
products will range in size from 1,260 to 1,450 square feet. The gardens and garden townhomes
will also be a part of the first phase of development on the property.
The single-family product will accommodate the move-up segment of the population and will
range in size from 1,850 to 2,700 square feet in rambler, split level and two-story configurations.
2
The single-family construction will be included in later phases of the development; however,
most of the utilities and streets will be installed in the first phase.
Population Projections
The developer has estimated that at total build-out the population of Vermillion Grove will be
near 670 persons. These projections are based on the following:
148 villa townhouses @ 1.25 persons per unit (ppu)
95 garden and garden townhomes @ 1.8 ppu
97 single-family homes @ 3.25 ppu
= 185 persons
= 171 persons
= 315 persons
Phasing of the Development
The developer is proposing to gain preliminary plat approval for the entire development in the
early 2000 with final plat approval for various phases of the development shortly thereafter. The
developer will begin construction of the villas along the northern property and the gardens along
the western property line in the first phase. The developer plans on the construction of model
homes and the marketing of the homes by the middle of 2000 and plans to be built-out within 3
to 5 years.
Water access is located at the newly constructed City water tower and sewer will be available
from the south through the Murphy Farm development. Phasing of the development will depend
on how quickly the Murphy Farm project to the south installs the sewer for access to Vermillion
Grove.
A 100-foot wide gas line easement runs north and south through the western portion of the site.
No structures may be located within the easement.
The proposed commercial area will be marketed to a developer who has experience in the
construction, leasing and management of commercial property. Rottlund Homes will not be
associated with the construction of the commercial property.
Transportation Issues
The Schematic PUD Plan shows three accesses from the subject property. The westerly access is
proposed with a 70-foot right-of-way that connects to Pilot Knob Road. The roadway is shown
as a future minor collector on the 2020 Thoroughfare Plan. A majority of the traffic is expected
to enter and leave the property from this access, thereby requiring a left turn lane on Pilot Knob
Road towards the south as shown on Figure 2 ofthe Westwood Trip Generation Analysis report.
City staff and Rottlund Homes met on December 29, 1999 to further discuss the westerly access
to Pilot Knob Road. Revisions may be made to the location of the access due to the V4 mile
spacing requirement regulated by Dakota County. However, final road layouts will be reviewed
at the platting stage.
The northerly access is shown as a 70-foot right-of-way that tapers to a 60-foot right-of-way and
meanders through the development. Upon review of this proposed roadway, City staff has
recommended that the roadway follow the westerly property line to or near the City's well house
3
site before diverting towards the east. This will allow for a shared access with the City property
to the west and allow for a greater stacking distance. This roadway is considered a public street
and will be maintained by the City of Farmington. It is recommend that a 70-foot right-of-way
be proposed along the westerly property line until it diverts to the east within the subdivision.
The City is interested in negotiating a cost share agreement in the future with Rottlund Homes
for the construction ofthe roadway along the westerly property line.
The easterly access is also shown as a 60-foot right-of-way that connects to Akin Road. As
stated in the attached letter, the developer has obtained preliminary approval to acquire land on
the Pettis property in order to connect the roadway to the right-of-way of Akin Road. This
access will mainly accommodate vehicles travelling south on Akin Road into the subdivision and
north on Akin Road, leaving the subdivision. The developer will most likely be required to
provide a left turn lane on Akin Road.
The developer has prepared a trip generation analysis for the development that is attached. In
total, the Vermillion Grove development is expected to generate 2,410 average daily trips with
an estimated 350 housing units. The trip generation model anticipates approximately 60% of site
traffic will be distributed to the north on Pilot Knob Road (from the site via Pilot Knob Road and
Akin Road) and approximately 20% will be distributed to the west via 19Sth Street. The
remaining trips will be distributed to the south.
Roadways associated with the villas and gardens will be private streets and will be maintained by
a homeowners association.
Park & Recreation Issues
Trails will be provided throughout the property and may be a part of the park dedication fee. A
park at the peninsula of the wetland area is also planned with a play structure and park access for
both automobiles and pedestrians. City staff has also discussed with the developer the possibility
of providing an outlot on the eastern border of the property as a conservation easement than
except it as parkland. Further discussions will continue with the developer on this subject.
ACTION REQUESTED
Adopt the attached ordinance approving the Vermillion Grove Schematic PUD Plan rezoning the
property from R-I to R-3 PUD.
~y~
Lee Smick, AICP
Planning Coordinator
cc: J. Michael Noonan, Rottlund Homes
Larry Wenzel
4
CITY OF FARMINGTON
DAKOTA COUNTY, MINNESOTA
ORDINANCE NO.
An Ordinance Rezoning the Wenzel property from R-l to R-3 PUD.
THE CITY COUNCIL OF THE CITY OF FARMINGTON HEREBY ORDAINS AS
FOLLOWS:
WHEREAS, the City Council approved a petition to rezone the Larry Wenzel property as
legally described in Exhibit A on the 3rd day of January, 2000 from R-1 to R-3 PUD as shown in
Exhibit B; and
WHEREAS, the Planning Commission, at a public hearing held on December 14, 1999,
recommended approval of the rezoning contingent on.
NOW, THEREFORE, BE IT RESOLVED that the City Council of Farmington hereby amends
the City Zoning Ordinance rezoning the Larry Wenzel property from R-1 to R-3 PUD.
Enacted and ordained on the _ day of January, 2000.
SEAL
CITY OF FARMINGTON
MAYOR
ATTEST:
CITY ADMINISTRATOR
Approved as to form the _ day of
, 2000.
CITY ATTORNEY
Published in the Farmington Independent the _ day of
,2000.
Schedule "A"
LEGAL DESCRIPTION
~
~
~
~
That part of the Southwest quarter (SWl/4) of Section Twenty-four (24), and that part of the Northwest
Quarter (NWI/4) of Section Twenty-five (25), all in Township One Hundred Fourteen (114), Range
Twenty (20), Dakota County, Minnesota described as follows:
Beginning at a judicial landmark on the North line of said Southwest Quarter (SWI/4) of said Section
Twenty-four (24), 1614.3 feet East of the Northwest comer thereof; thence West 1614.3 feet to a judicial
landmark at the Northwest comer of the Southwest Quarter of said Section Twenty-four (24); thence South
on the West line of said Southwest Quarter (SWl/4) and on the West line of the Northwest Quarter
(NWl/4) of said Section Twenty-five (25) 2,937.5 feet to a judicial landmark; thence East on a line parallel
to the North line of the Northwest Quarter (NWl/4) of said Section Twenty-five (25), and 329.2 feet South
thereof, 2646.7 feet to a judicial landmark on the East line of said Northwest Quarter of said Section
Twenty-five (25); thence North on said East line and on the East line of the Southwest Quarter of said
Section Twenty-four (24), 1,533.11 feet to ajudiciallandmark; thence South 830 14' 23" West (the East
line of the Southwest Quarter of said Section Twenty-four (24) assumed to be North 00 15' 30" West) 80.2
feet to a judicial landmark; thence North 540 51' 40" West 1081.05 feet to a judicial landmark; thence
North 14000" East 467.47 feet to a judicial landmark and to the intersection of said line with a nontangent
curve, radius of 1146.28 feet, which bears North 550 52' 40" East from the point of intersection; said curve
being the center line of County Road No. 31 as now established; thence Northwesterly along said center
line curve, said curve being concave to the Northeast, an arc length of 436.29 feet, central angle of 21 0 48'
27" to a judicial landmark, being the point of beginning according to the Government Survey thereof.
Excepting therefrom the north 1303.89 fee.t of the west 792.00 feet of the Southwest Quarter of Section 24,
Township 114 North, Range 20 West, Dakota County, Minnesota.
AND ALSO EXCEPTING THE FOLLOWING:
That part of the Southwest Quarter of Section 24, and that part of the Northwest Quarter of Section 25, all
in Township 114 North, Range 20 West, Dakota County, Minnesota described as follows:
Beginning at the northwest comer of the Southwest Quarter of said Section 24; thence southerly on the
west line of said Southwest Quarter and on the west line of the Northwest Quarter of said Section 25, a
distance of 2,937.5 feet to a judicial land mark as called for in Certificate of Title No. 108101 on file in the
Registrar of Titles office in Dakota County, Minnesota; thence on an assumed bearing of South 88 degrees
29 minutes 37 seconds East on a line parallel with the north line of the Northwest Quarter of said Section
25, and 329.2 feet south thereof, 275.48 feet thence North 0 degrees 16 minutes 27 seconds East 425.57
feet; thence northerly 345.85 feet along a tangential curve concave to the west having a radius of 1909.86
feet and a central angle of 10 degrees 22 minutes 32 seconds; thence North 10 degrees 06 minutes 05
seconds West, tangent to said curve, 937.04 feet; thence northerly 493.81 feet along a tangential curve
concave to the east having a radius of2864.79 feet and a central angle of9 degrees 52 minutes 34 seconds;
thence North 0 degrees 13 minutes 31 seconds West, tangent to said curve, 759.84 feet to the north line of
the Southwest Quarter of said Section 24; thence North 89 degrees 48 minutes 07 seconds West 20.00 feet
along said north line to the northwest comer of the Southwest Quarter of said Section 24 and the point of
beginning.
Excepting therefrom the North 1303.89 feet of the West 792.00 feet of the Southwest Quarter of Section
24, Township 114 North, Range 20 West, Dakota County, Minnesota.
Subject to an easement to Dakota County for highway purposes.
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ROTTLUND HOME~
A DIVISION (If THE RO.I"I'I.I,IND COMPANY, INC.
December 20. 1999
Mr. and Mrs. Dale and Leslie Pettis,
19735 Akin Road.
Farmington, MN.
55024
~~I
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I
Dear Mr. and Mrs. Pettis.
JUdJ
RE: Land Exchange
It was nice to see you again at the open house that took place on December 7, 1999 at
Akin Elementary. Rottlund Homes tmly appreciates the interest of you and your
neighbours in our proposed development of the Wenzel lands.
I am glad that we had the opportunity of discussing the proposed land exchange and
arrangements governing the establishment of an access from our development onto Akin
Road. I believe, at that time) support was expressed for Rottlund acquiring land for the
construction of an access road. In exchange for the land, Rottlund would pay for the
reconstruction of your driveway onto the access road and we would convey you a parcel
of land to address the encroachment onto the Wenzel property.
We are presently preparing a more precise survey of the entire property and would
anticipate being in a position to have a more definitive plan for your consideration early
in the new year. If you are in agreement, we will have OUT attorney draft the necessary
document for our mutual consideration.
JMN/jmn
c.c. Lee Smick, City of Farmington
Q
1~~\mMLS'~
306S CENTRE POINTE DRIVE ROSEVtLLE, MN 55113
(651) 6~500 FAX (651) 6:ll1-O501
TnTOI P iii?
City of Farmington
325 Oak Street, Farmington, MN 55024
(651) 463-7111 Fax (651) 463-2591
www.ci.farmington.mn.us
TO:
City Planning Commission
SUBJECT:
Lee Smick, AICP
Planning Coordinator f\\ 0
Vermillion Grove Schematic PUD \Y
FROM:
DATE:
December 14, 1999
INTRODUCTION
Rottlund Homes proposes to develop approximately 122.5 acres ofland in the southeast quadrant
ofthe intersection of CSAH 31 (Pilot Knob Road) and CR 64 (l95th Street West) as a single and
multi-family development with a small amount of land set aside for neighborhood commercial.
The developer proposes the R-3 PUD zoning due to the variety of land uses within the
development. The Schematic PUD plan establishes the underlying zoning and location for each
of the different land uses within the development.
Plannine Division Review
Applicant:
Rottlund Homes
J. Michael Noonan, Division Vice President
3065 Centre Pointe Drive
Roseville, MN 55113
(651) 638-0520
jmnoonan@rottlundhomes.com
Referral Comments:
1. City Engineering Division
2. City Fire Marshal
3. City Parks & Recreation Commission minutes
Attachments:
1. Location Map
2. Letter from Developer
3. Application for PUD
4. Boundary Survey & Legal Description
5. Aerial Photo of Property
6. Schematic PUD Plan
7. Existing Conditions
8. Concept Utility Plan
9. Westwood Trip Generation Analysis
10. Neighborhood Meeting Comments
Schematic P.U.D. Plan Amendment
Location of Property:
Area Bounded By:
Existing Zoning:
Proposed Amendment:
Proposed Development:
Streets and Accesses:
Southeast quadrant of the intersection of CSAH 31
(Pilot Knob Road) and CR 64 (195th Street West).
Single-family residential on the east, agriculture on the
south, vacant on the west and an elementary school on
the north.
R-I Single-Family Residential
The development proposes to amend the existing low
density residential land use to a mix of low, medium and
high density residential and possible commercial uses as
proposed in the 2020 Comprehensive Plan Update. The
amendment for the changes to the proposed land uses
will occur when the Metropolitan Council approves the
2020 Comprehensive Plan Update early in 2000.
The development proposes 340
constructed on approximately 122.5
proposed land uses are as follows:
housing
acres.
units
The
Single-Family -
Gardens
Villa Townhomes
Commercial
41.8 acres
24.3 acres
21.1 acres
3.5 acres
97 units
95 units
148 units
N/A
The single-family product proposes ramblers, split-
levels and two-story configurations. The gardens are
slab on grade construction and provide one-level living
and consist of a 4-unit building. The garden townhomes
include a basement. The two-story villa townhomes
consist of 8 to 12-unit building.
If the neighborhood commercial area is not developed,
10 additional garden units will be proposed within the
3.5 acres generating approximately 350 housing units in
total for the development.
The development proposes three access from its
property, one access on Pilot Knob Road to the west, a
second access on 195th Street to the north and a third
access on Akin Road to the east. The development
proposes both public and private streets, whereby the
private streets will be maintained by a homeowners
association.
2
Water, Sewer & Gas:
Water access is located at the newly constructed City
water tower and sewer will be available from the south
through the Murphy Farm development. A tOO-foot
wide gas line easement runs north and south through the
western portion of the site. No structures may be
located within the easement.
Sidewalks:
Sidewalks or trails will be recommended along all local
collector routes per City Code requirements.
Topography:
Site topography is rolling except for the central portion
of the site that tends to provide wider contours. The
drainage patterns are generally towards the south. There
is a large existing swale area along the eastern property
line that abuts the homes along Akin Road. This is a
natural swale that is often times inundated with water
and should be reviewed in detail at the platting stage of
the development.
Wetland:
The wetlands shown on the site are classified as protect
wetlands. The largest wetland encompasses
approximately 14.8 acres and the smaller wetland is
approximately 5.6 acres in size. The protect wetland
classification requires that structures shall not be placed
within a minimum of 10 feet of the buffer area. The
buffer area provides a minimum of 75 feet from a
protect wetland, thereby requiring a minimum setback
of 85 feet. These wetlands exist in a largely unaltered
state and have special and unusual qualities that call for
a high level of protection.
Flood Plain:
There are no flood plains delineated on this property.
Parkland and Trails:
The developer proposes a park area and trails located
throughout the site. The park dedication requirement is
12.5% of the total acreage and will be dedicated by the
developer through land, fees and/or trail construction.
Additional Comments
Land Use Issues
The 2020 Comprehensive Plan Update submitted to the Metropolitan Council on July 28, 1999
showed this area with medium density residential on the west along Pilot Knob Road and high
density residential on the west and northern portion of the site. Low density residential made up
the remainder of the property on the south and east portions of the site.
3
However, on July 17, 1999, Larry & Doneene Wenzel owners of the property, requested to re-
designate three acres of the property to business on the 2020 Land Use Plan for future
commercial development under the B-4 Neighborhood Business zoning requirements.
During the review, it was determined that the re-designation of the Wenzel property could be
pursued through the Planned Unit Development process rather than an amendment to the
comprehensive plan. The PUD process permits any combination of the following uses: single-
family, two-family, quad homes, town or row houses and apartments. The PUD also permits
commercial facilities that are designed and intended to serve the residents of the planned unit
development. However, the PUD requires that no commercial use be constructed until fifty
percent of the total dwelling units contained on the entire site is completed.
The City Council determined that the PUD process was the most efficient way of re-designating
the property to the proposed sketch plan because of the timing of the comprehensive plan
approval process. Therefore, the City sent the 2020 Comprehensive Plan Update as previously
approved by the City Council to the Metropolitan Council on August 5, 1999. A comprehensive
plan amendment would delay the approval process, therefore, the PUD process would re-
designate the uses of the subject site through the rezoning of the property.
Proposed Density
The development proposes the following gross densities:
Housing Type Proposed Density City Requirement Land Use Designation
Single-Family 2.3 du/ac I to 3.5 du/ac Low-Density
Gardens 3.9 du/ac 2.5 to 5.5 du/ac Low/Medium-Density
Villa Townhomes 7 du/ac 5.5 to 14.0 du/ac Medium-Density
The proposed gross densities correlate to the 2020 Comprehensive Plan Update.
Transportation Issues
The Schematic PUD Plan shows three accesses from the subject property. The westerly access is
proposed with a 70-foot right-of-way that connects to Pilot Knob Road. The roadway is shown
as a future minor collector on the 2020 Thoroughfare Plan. A majority of the traffic is expected
to enter and leave the property from this access, thereby requiring a left turn lane on Pilot Knob
Road towards the south as shown on Figure 2 of the Westwood Trip Generation Analysis report.
The northerly access is shown as a 6O-foot right-of-way and meanders through the development.
Upon review of this proposed roadway, City staff has recommended that the roadway follow the
westerly property line to or near the City's well house site before diverting towards the east.
This will allow for a shared access with the City property to the west and allow for a greater
stacking distance. This roadway is considered a public street and will be maintained by the City
of Farmington. It is recommend that a 70-foot right-of-way be proposed along the westerly
property line until it diverts to the east within the subdivision. The City is interested in
negotiating a cost share agreement in the future with Rottlund Homes for the construction of the
roadway along the westerly property line.
4
The easterly access is also shown as a 60-foot right-of-way that connects to Akin Road. The
developer is in the process of acquiring a small piece of the Pettis property in order to connect
the roadway to the right-of-way of Akin Road. This access will mainly accommodate vehicles
travelling south on Akin Road into the subdivision and north on Akin Road, leaving the
subdivision. The developer will most likely be required to provide a left turn lane on Akin Road.
The developer has prepared a trip generation analysis for the development that is attached. In
total, the Vermillion Grove development is expected to generate 2,410 average daily trips with
an estimated 350 housing units. The trip generation model anticipates approximately 60% of site
traffic will be distributed to the north on Pilot Knob Road (from the site via Pilot Knob Road and
Akin Road) and approximately 20% will be distributed to the west via 195th Street. The
remaining trips will be distributed to the south.
Roadways associated with the villas and gardens will be private streets and will be maintained by
a homeowners association.
Park & Recreation Issues
The Parks & Recreation Commission met on September I, 1999 to discuss park issues
concerning the site. The meeting minutes report that the members agreed on a passive recreation
park design with trails throughout the property due to the large amount of wetlands and rolling
topography within the subdivision. The Commission also determined that a ballfield was not
appropriate because of wetlands and wooded areas throughout the site, however a play structure
and possibly a trail kiosk are recommended.
Upon further examination at the December 1, 1999 Parks & Recreation Commission meeting,
the members stated that the proposed location for a play structure on the peninsula area is
difficult to access because of the proposed stormwater ponds directly to the north and northwest
ofthe play structure site.
Secondly, the proposed 4-acres of park space along the easterly property line is not conducive to
the park system due to the inability of accessing the site. City staff recommends that this area be
shown as an outlot and be dedicated to the City to preserve the area adjacent to the "protect"
wetland.
Finally, the Parks & Recreation Department have scheduled continuing discussions concerning
the need for a play structure and/or shelter adjacent to a street for easy access to the park. The
Parks & Recreation Director has suggested the purchase of a lot for a required well house on the
site and constructing a shelter attached to the well house. These discussions will take place after
the public hearing on December 14, 1999, therefore staff is recommending the continuation of
the hearing to January of2000.
Environmental Assessment Worksheet
Minnesota Statute section 473.859 requires that any development that consists of mixed
unattached and attached units must prepare an EA W if the following is true:
The sum of the quotient obtained by dividing the number of unattached units by
the applicable unattached unit threshold, plus the quotient obtained by dividing
5
the number of attached units by the applicable attached unit threshold, equals or
exceeds one. Therefore, 97 unattached units/250 unattached units = 0.38 + 243
attached units/375 attached units = 0.64, which equals to 1.02 indicating the
need for an EA W to be prepared for the Vermillion Grove project.
The EA W must be completed before any platting of the property is reviewed, however, the
rezoning of a property may take place before the EA W is finalized. Rottlund Homes has
employed Peterson Environmental to prepare the EA W for the City. The City of Farmington is
the RGU or responsible governmental unit that is responsible for verifying the accuracy of
environmental documents and complying with environmental review processes in a timely
manner.
The EA W must contain the description of the project, quantification of physical characteristics
and impacts and major issues identifying potential environmental impacts and issues that may
require further investigation before the project may commence such as transportation, wetlands
etc..
Phasing of the Development
The developer is proposing to gain preliminary plat approval for the entire development in the early 2000
with fmal plat approval for various phases of the development shortly thereafter. The developer will begin
construction of the villas along the northern property and the gardens along the western property line in the
first phase. The developer plans on the construction of model homes and the marketing of the homes by
the middle of2000 and plans to be built-out within 3 to 5 years.
The proposed commercial area will be marketed to a developer who has experience in the construction,
leasing and management of commercial property. Rottlund Homes will not be associated with the
construction of the commercial property.
Homebuyer & Housing Characteristics
The development is proposed to meet the needs of the first time homebuyer, the move-up
purchaser and the "empty nester" looking to down size. The villa townhomes will accommodate
the first time homebuyer and are the most affordable in the Rottlund Development. This product
will range in size from 1,220 to 1,645 square feet. The villas will be part of the first phase of
development on the property.
The gardens and the garden townhomes will meet the needs of the "empty nester" with one level
living in the gardens home and one level and a basement living in the garden townhomes. These
products will range in size from 1,260 to 1,450 square feet. The gardens and garden townhomes
will also be a part of the first phase of development on the property.
The single-family product will accommodate the move-up segment of the population and will
range in size from 1,850 to 2,700 square feet in rambler, split level and two-story configurations.
The single-family construction will be included in later phases of the development; however,
most of the utilities and streets will be installed in the first phase.
6
Population Projections
The developer has estimated that at total build-out the population of Vermillion Grove will be
near 670 persons. These projections are based on the following:
148 villa townhouses @ 1.25 persons per unit (ppu)
95 garden and garden townhomes @ 1.8 ppu
97 single-family homes @ 3.25 ppu
= 185 persons
= 1 71 persons
= 315 persons
Neighborhood Meeting - December 7, 1999
The developer held a neighborhood meeting at Akin Elementary School on December 7, 1999 to
discuss the proposed development. Attached is a brief synopsis by the developer concerning the
meeting. As the developer states, concerns included surface water management, increased traffic
on Akin Road from the proposed access, the maintaining of vegetation on the site particularly
where the single-family homes on Akin Road abut the property, parkland issues, the commercial
parcel and the phasing of the project correlating to grading activity on the site.
ACTION REQUESTED
Approve the Vermillion Grove Schematic PUD rezoning the property to R-3 PUD and forward
this recommendation to the City Council.
Respectfully submitted,
~~
Lee Smick, AICP
Planning Coordinator
cc: Rottlund Homes, J. Michael Noonan
7
Property Location
Akin Elementary
.
City Water
Tower
N
w+.
s
I SUBJECT PROPERTY~
D
City of Farmington
325 Oak Street, Farmington, MN 55024
(651) 463-7111 Fax (651) 463-2591
www.d.farminaton.mn.us
TO: Lee Smick, Planning Coordinator
FROM: Jerry Auge, Jr., Civil Engineer I ~-Ja.r-
David Sanocki, Engineering Division ~ i..~.
SUBJECT: Vermillion Grove
DATE: November 10, 1999
Engineering staff has reviewed the schematic P.U.D. plans that were submitted on
November 5, 1999, for the above referenced project. The following are engineering
comments that require further discussions with the developer:
GENERAL
· All residential street shall be designed to ensure a horizontal sight distance of not less
than 200'. The minimum design speed for residential streets shall be 30 MPH unless
otherwise approved by the City for re~idential streets. The minimum design speed for
collector streets is 40 MPH unless otherwise approved by the City.
· The access from 195th Street shall meet the above referenced design criteria as agreed
at the meeting on December 7, 1999. This shall also include an access to the City
property to the west.
· Collector roads minimum width for Right of Way shall be 70 feet and for residential
streets minimum width for Right of Way shall be 60 feet.
.
Submit soil borings and ground water monitoring reports, soil reports shall include
recommended soil correction for street section.
· The gas main is located within the west portion of the project. All proposed lots,
landscaping, utility, and street locations within this easement shall be coordinated
with the Gas Company.
· Cul-de-sac' s should be minimized and looped into other streets when at all possible.
· Southwest cul-de-sac should be connected into collector to the north or into the south
cul-de-sac in the Murphy Farm Development.
· All collectors shall have sidewalk along minimum of one side of the street and shall
be placed according to the City's sidewalk/pathway plan.
SANITARY SEWER
· Sanitary sewer main will have to be connected through the Murphy Farm
Development to the south or routed to the west and then south along the east side
County Road 31 (Pilot Knob Road) and connected directly into the City trunk main
(approximately 1300 feet south of the proposed development).
· Sanitary sewer line that is proposed along the East-West corridor shall be deep
enough to pick up existing homes along Akin Road north and south of intersection of
the East-West corridor and Akin Road.
W ATERMAIN
· Trunk watermain shall be installed East-West through the development under the
proposed streets (see City of Farmington Comprehensive Water Plan). This shall be
connected into the City's future watermain project along the west side of County
Road 31 to the Akin Road Watermain located on the west side of the roadway. Also
connect watermain on the north side of the development into existing 12" DIP located
under County Road 64 (195th Street).
· One future well site needs to be sited within the middle portion of the development
and one to the south side of the development.
· All watermain within cul-de-sacs areas shall be looped.
· Corridors for all future trunk raw watermains to the future treatment facility need to
be provided.
STORM SEWER
· Trunk storm sewer is designated for the northeast pond to the southeast corner of the
site. Proposed storm water ponds and piping be in accordance to the City of
Farmington Comprehensive Storm Water plan.
· Building lots around southeast cul-de-sac will be encroaching into wetland (DNR
protected) area.
To: Lee Smik, AICP
Planning Coordinator
From: Brad Schmoll
Fire Marshal
Subject: Plan Review of Vermillion Grove[Rottlund Homes] Schematic PUD and
Murphy Farm [D R Horton! Arcon] Schematic PUD.
DATE: November 22, 1999
After careful review of both plans that were submitted, I have noted the following:
All streets and roads currently meet the minimum requirements of the Uniform Fire Code
as it relates to Fire Department Access, the cul-de-sacs currently exceed the minimum
requirements as established by the Uniform Fire Code. However, because they provide
an adequate turning radius, they are acceptable.
I would also like to suggest that if the cul-de-sacs continue to exceed the minimum
requirements of the Uniform Fire Code of 150 feet and local ordinances of 500 feet, the
city of Farmington should impose parking restrictions along one side of all cul-de-sacs.
The plans that were submitted did not provide information relating to fire hydrant
locations; therefore, I will need additional plans that show proposed future sites prior to
development.
.;d~
Brad Schmoll
Fire Marshal
Minutes
Parks and Recreation Commission
Regular
September 1, 1999
1. The meeting was called to order by Chairperson Johnson at 7:31 p.m.
Members present: Johnson, Feldt, Gerten, Oswald and Sperbeck.
Members absent: None .
Also present: Parks and Recreation Director Bell, Planner Coordinator Smick, Chief Siebenaler and
Michael Noonan - Rottlund Homes. Residents Herb and Holly Helms
2. Motion by Johnson, second by Oswald to approve the agenda with the following addition:
Hunting Ord. Lottery APIF, Motion carried.
3. Chief Siebenaler conducted the Deer Bow Hunting Lottery by having Chairpe~on Johnson draw 5
winning envelopes from the 19 sealed applications for penn its to hunt on park property.
4.
Resident's Herb and Holly Helms were in attendance to voice their concerns about the park located
north of their home in Troy Hill. They indicated that they did not want it in their back yard. Their
concerns are that children will walk through their yard, safety concerns for children going to the park
and kids hanging out in the park at all hours. No sidewalks are in the neighborhood and therefore
speeding traffic and construction vehicles will endanger the children. They also indicated the City
misled them by placing the play structure their when the lot was designated for a brick well house
building. With all the residents using the park, they will get no use of their back yard and will have to
keep the window blinds shut all the time. Mr. Helms indicated that his home value would now
decrease, but later said a real estate woman told him that that would not be the case. Member
Sperbeck indicated that the playground was placed there in response to requests from the neighbors
and asked the Helms what they were asking for? The Helms indicated a fence~owever member
Gerten indicated his desire for a natural buffer. Th.:iiet1l~tfi'e~k8a"'~nn..tld landscaping to
be placed on the park site and also on their property. Director Bell indicated that past City policy was
to not place city purchased landscaping materials on private property. The Commission directed staff
to develop a landscaping plan for the site with a berm and various plantings included. Staff is to share
this plan with the Helms and forward copies to the PARAC for review prior to the October meeting.
lotl.~
,..~r;>.
5. Michael Noonan representing Rottlund Homes presented the proposed plat and housing styles that are
being proposed for the Wenzel property. Discussion centered upon the design of passive recreation
areas and trails within the plat. The rolling and wooded property in question is not appropriate for a
ball field. The members indicated a need for some type of play structure and possibly a trail
infonnation kiosk. Motion by Sperbeck, second by Gerten use the wetland as an opportunity to
develop a passive park and trail system that includes a play structure with no ball field. APIF, Motion
carried.
The commission directed staff to work with the developer in the park and trail plan and to construct
the trails as the development evolves.
6. Motion by Johnson, second by Gerten to approve the minutes of August 4, 1999. APIF, Motion
carried.
7. The Commission reviewed the recommendation from the Historical Preservation Commission
regarding the naming of the park in the Prairie Creek neighborhood. Motion by Feldt, second by
Johnson to name the park in the Prairie Creek neighborhood Lake Julia Park. Voting for: Johnson,
Feldt, Gerten, Oswald. Abstain: Sperbeck.
7. The Commission had received a letter from a resident requesting the Commission consider
recommending the change of the arena name to MaId - Schmitz Arena to honor two life long
contributors to hockey in Farmington. The Commission recommended that the proposed change be
forwarded on to the HPC for comment. After further review and discussion and HPC comments, the
P ARAC decided Dot to pursue the name change at this time.
8. Member Sperbeck reported on the successful constnlction of the play structure at Lake Julia Park by
the neighborhood volunteers. .
9. Motion by Gerten, second by Oswald to adjourn at 9:08 PM. APIF, Motion carried.
Submitted by,
James Bell
Parks and Recreation Director
Approved L \?:::;.p lofr..(q.'1
c
~
c
Minutes
Parks and Recreation Commission
Regular
December 1, 1999
1. The meeting was called to order by Chairperson Johnson at 7:35 p.m.
Members present: Johnson, Gerten, Oswald and Sperbeck.
Members absent: Feldt.
Also present: Parks and Recreation Director Bell.
2. Motion by Johnson, second by Oswald to approve the agenda with the following additions:
Hunting Ord. Lottery and Mattson property. APIF, Motion carried.
3. Motion by Johnson, second by Sperbeck to approve the minutes of November 3, 1999. Voting for:
Johnson, Oswald, Sperbeck. Abstain: Gerten, Motion carried.
4. Director Bell informed the Commission that the play equipment has been installed at Lake Julia and
Daisy Knoll Parks. Curbing in three parks will be installed in the spring. Member Gerten suggested
staff consider placing a small patch of com or sunflowers at Daisy Knoll Park to enhance the farm
theme.
5. The Facility Task Force members Gerten and Oswald reported on the task force meetings. They
indicated that the members of the task force seemed to be favorable to the Community Park I Athletic
Complex.
6. Director Bell reported on the items on the 2000 C.I.P. Members will bring their 2000 - 2004 C.I.P. to
the next meeting for discussion.
7. Member Oswald requested staff survey the hunters with permits to determine the success ratio and
inquire if additional permits can be awarded in areas that deer have been harvested. The Commission
directed staff to obtain the information.
8. The Commission reviewed and made comments on the following plats:
Charleswood 3rd & 4th - The Commission requests more access points to the park off the cul-de-
sacs and street.
Mumhv Farm - Request only one site for a park and receive only land that is capable of
development.
Vermillion Grove - Earth walkways are necessary between the ponds and wetlands for trail
development. The area on the east side of the plat is not desirable for parkland but could possibly
be set aside as a preserve area. A play area needs be dedicated on the east side of the street
between the street and wetlands for a play structure and trail access.
Tamarack Ridge - Widen the park area to accommodate a ball field.
Motion by Oswald, second by Gerten to direct staff to submit these changes to the developers. APIF,
motion carried.
9. Director Bell informed the Commission of the owner's intent to sell the Mattson property. The owner
has asked if the City is interested in the property. Motion by Sperbeck, second by Oswald to direct
staff to decline the offer to sell, as the property does not fit into the long-range plan. APIF, motion
carried. Director Bell will thank the owner for considering the City.
10. Motion by Sperbeck, second by Gerten to adjourn at 8:32 PM. APIF, Motion carried.
Submitted by,
James Bell
Parks and Recreation Director
Approved
ROTTLUND HOMESTM
A DIVISION OF THE ROlTLlJND COMI'ANY. INC.
November 5, 1999
Mayor and City Council,
Members of Planning Commission,
City of Farmington,
325 Oak Street,
Farmington, MN.
55042
Dear Mr. Mayor, Members of Council and Planning Commission Members
RE: Planned Unit Development - Vermillion Grove
Schematic Plan Submittal
We are pleased to submit for the City's consideration our application for schematic plan
approval. In support of our application, we enclose the City's application form,
application fee of $2,747.49 ($500 plus $22/acre - gross development area less delineated
wetlands of 102.1586 acres) and requisite supporting information. We trust this provides
what is required by the City to commence its consideration of our application. Should
additional information be required please do not hesitate to contact the undersigned.
It is our understanding that this application will lead to the enactment of a zoning by-law
for the lands. We have examiaed the City's current zoning categories and associated
performance standards and feel that these serve as an appropriate basis to begin the
zoning exercise. However, we are requesting that these lands be considered as a planned
unit development in order to afford certain flexibility in terms of the final zoning ofthe
property. We look forward to the opportunity of working with staff in advancing the
zoning of these lands.
Rottlund Homes has recently entered into an agreement of purchase and sale for the lands
owned by Larry and Doneene Wenzel. The subject lands consists of approximately 122.5
acres and are situated in the south-east quadrant of the intersection of County Road 31
(Pilot Knob Road) and 1951h Avenue South. Attached is an air photo on which the extent
of the property has been identified. Also provided is a boundary survey prepared by
Pioneer Engineering. In addition, we include a copy of the City's zoning district map on
which the subject lands are identified.
A legal description of the land forms schedule "A" to this letter.
As required, we attach an Abstractor's Certification prepared by Stewart Title listing all
owners ofreal estate within 350 feet ofthe subject property.
Gt
uc-:~s~u~~~n MLS E~~CW,~rw
3065 CENTRE POINTE DRIVE ROSEVIlLE, MN 55113
(651) 638-0500 FAX (651) 638-0501
We are requesting P.U.D. approval to designate the land uses that will enable both the
City and Rottlund Homes the ability to respond to market demands and changes as the
master planned community evolves. The flexibility we are requesting is necessary to
develop a quality community that can adapt to emerging market trends and be responsive
to ever-changing consumer demand.
Ownership and Experience
As noted, Rottlund Homes has entered into an agreement of purchase and sale to acquire
the subject lands. The purchase of these lands is contingent upon Rottlund securing from
the City of Farmington preliminary development approval and being satisfied as to the
property's title, its soils and the environmental condition of the site. This application
represents one of the first steps in satisfying the contingencies associated with the
agreement of purchase and sale.
Rottlund Homes has been a fixture within the Twin Cities' land development and home
building industry for over one quarter century. During our twenty-five years of business,
our company has played an important role in the shaping of the region having been
responsible for the development of thousands of acres of lands and thousands of homes
for individuals and families. In close proximity to the City of Farmington, we are
presently completing the construction of Prairie Crossing in the City of Apple Valley a
multi-product line development containing a total of257 homes. In addition, our
company is presently undertaking developments in the Cities of Woodbury, Inver Grove
Heights, Shoreview, Blaine, Minneapolis, Plymouth, Minnetonka, Maple Grove and
Chanhassen and will soon be launching development in the Cities of Victoria and St.
Michael. A brochure describing our current development projects also forms part of
Appendix "A".
Examples of completed housing developments can be found in most municipalities of the
region. To date, we have no undertaken any development in the city of Farmington.
Rottlund Homes' parent company, The Rottlund Company, operates housing and
development divisions in four other states in addition to Minnesota - Iowa, Indiana, New
Jersey and Florida. In 1999 Builder magazine ranked our company as the 52nd largest
builder in the United States with closings of over 1,000 homes and revenues in excess of
$150 million. A copy of our 1999 Annual Report is attached.
We believe that we are uniquely qualified to undertake the development of the subject
lands.
Character of Vermillion Grove Master Planned Community
Vermillion Grove has been planned to provide housing opportunities for a variety of
individuals at different points of time in their respective lives. We envision the
community affording accommodation to the first time buyer, the move up purchaser and
individuals who are "empty nesters" looking to down size.
The concept plan attached to this letter proposes a total of 340 housing units on
approximately 122.46 gross acres ofland. This translates to a gross development density
of about 2.78 units per acre, including +/-3.5 acres ofland set aside for a neighbourhood
commercial shopping centre. If the area slated for neighbourhood commercial land uses
is developed for residential land uses the land's development density is approximately
2.86 units per acre (350 housing units).
The concept plan proposes four distinct forms of housing: multi family - 8/12 unit
building (villa townhomes), multi family - 4 unit building (gardens and garden
townhomes) and single family homes.
The villa townhomes are the most affordable housing that Rottlund Homes currently
builds and typically addresses the needs ofthe first time home buyer. For the Vermillion
Grove development an area of approximately 21.1 acres as been set aside for villas. A
total of 148 villas are proposed, translating to a gross density of7 units per acre.
Elevations and floor plans of Rottlund Homes' villa townhouses are attached. These
homes are side-to-side, back-to-back townhome structures in clusters of eight or twelve
homes. All homes are two story, two bedroom and 1 Y2 bathrooms. Units range in size
from 1,220 to 1,645 square feet. A home owners' association will be responsible for the
care and upkeep of the exteriors and roofs ofthe units, the maintenance oflandscaped
areas and snow removal in the winter. Rottlund Homes is presently constructing this
product line in its Prairie Crossing development in Apple Valley, Walnut Creek in the
City ofChanhassen and the Village of Rice Creek in the City of Shore view.
The gardens and garden townhomes product lines are directed to the needs of the "empty
nester" and move down purchaser. A total of95 garden units are proposed on 24.3 acres,
a gross density of 3.9 units per acre. Elevations and floor plans of Rottlund Homes'
garden and garden townhouses are attached. Both housing forms provide maintenance
free living in approximately 1,260 to 1,450 square feet oflivable space. Each home has
two bedrooms/two bathrooms, a large formal dining/living room and a two car garage.
The gardens are slab on grade construction, with the garden townhomes providing a full
basement. A home owners' association will be responsible for the care and upkeep ofthe
exteriors and roofs of the units, the maintenance of landscaped areas and snow removal in
the winter. Rottlund Homes is presently constructing this product line in its Deacon's
Walk development in the City of Blaine and is marketing this housing at Cornerstone
Commons in the City of Plymouth and the Village of Rice creek in the City of
Shoreview.
The single family housing proposed in the concept plan is intended to meet the needs of
the move-up segment of the local housing market. This housing provides the opportunity
for those living in the immediate area to make the move from more modestly sized,
higher density housing to acquire accommodation more suited to the particular
requirements of the family. An area of 41.8 has been set aside for the construction of
single family home. Within this area a total of97 houses are proposed - a gross density
of 2.3 units per acre. Elevations and floor plans of Rottlund Homes' single family homes
are attached. The single family homes built by Rottlund Homes range in size from 1,850
to 2,700 square feet in rambler, split level and two story configurations. Refinements will
be made to the single family home product line up to the commencement of marketing to
ensure that the housing proposed is responsive to the desires of the consuming public.
Rottlund Homes is presently constructing this product line in its Deacon's Walk
development in the City of Blaine and Prairie Crossing in the City of Apple Valley.
The concept plan also proposes a 3.5 acre block of land fronting onto Pilot Knob Road
and the development's collector road for the development of either neighbourhood
commercial or residential uses. Weare seeking the flexibility to proceed in either fashion
at this point in time due to an uncertainty with respect to the viability of the site for a
neighbourhood commercial development. Should it be deemed that the site will not
support a neighbourhood commercial development Rottlund would like to have the
ability to develop the subject land, as of right, for garden townhouses (10 units). Subject
to the marketability of the site for commercial development, we believe that the use ofthe
land for either residential or commercial uses can be supported from a planning
perspective.
As stated in the City's comprehensive plan, the commercial uses to be situated on these
lands would be primarily intended to serve the needs of the immediate neighbourhood.
Although we would not want to unduly limit the range of commercial land uses permitted
on the site, we do acknowledge the concerns of the city with respect to the support of its
downtown and to limit the range of uses to those detailed in the B4 zoning district.
Rottlund Homes will not be the builder and owner of the commercial lands. Instead, the
company will market these lands to a commercial developer with a proven track record in
terms of the management ofneighbourhood commercial development. At this point in
time, we have not commenced the marketing of the commercial lands and cannot provide
the City with any images as to form, bulk or massing of any commercial uses. In terms of
our negotiation of a sale of these lands, we would be extremely sensitive with respect to
the relationship of the commercial uses proposed on this property with adjoining
residential uses. We would also anticipate that the City would exercise the appropriate
level of control through its site plan process.
As part of this development, Rottlund will be setting aside sizeable tracts of land for
wetlands, wetland buffers and stormwater ponding. In addition, our concept plan shows
two distinct areas that are proposed for park and public amenity space (6.8 acres). The
uses of these areas for park and public amenity space was discussed with the City Parks
Commission on September I, 1999.
Development Schedule
The intention of Rottlund Homes is to work with the City of Farmington and secure by
the early in 2000 preliminary plat approval for entire development and final plat approval
for selected phases of the project. With the securing of these approvals, we plan to start
grading the property and constructing utilities and street as soon as permissible. Ideally
we would like to begin the marketing of distinct neighbourhoods of housing in the early
part of next year. We would plan to follow this introduction with the construction of
model homes and the marketing of all housing product lines by the middle part of2000.
Given the size of the property and the number ofresidential units proposed, we would
anticipate the development of this site to represent a 3 to 5 year undertaking. Obviously,
the pace of development is tied to local market and economic conditions and depending
upon such conditions the pace of development may vary.
The commercial lands associated with this community would not develop until such time
as the local population reaches a critical mass in order to support such a land use.
Rottlund Homes, in most likelihood, will not be constructing the commercial lands and
will instead be selling the property to a developer who has considerable expertise in the
construction, leasing and management of commercial property.
Rottlund has commissioned the firm of Peterson Environmental to prepare an
environment assessment worksheet (eaw) for the subject lands. It is anticipated that the
eaw will be submitted under separate cover to the City of Farmington shortly. In
discussions with our consultant we have not been advised of any features on the site that
would warrant specific consideration from an environmental perspective.
Ultimate Ownership
All low density residential neighbourhoods will have public streets, utilities and ponding
areas. Any amenity constructed on the site (i.e. entry feature) will be either maintained by
an individual homeowner or a home owners' association.
The mediumlhigh density neighbourhoods will have some public streets and utilities that
will be maintained by the City of Farmington. These is also the likelihood of some
privately owned streets, parking areas, common areas and utilities would be the
responsibility of a home owners' association. It is anticipated that the division of
ownership responsibility will be the subject of further discussions between Rottlund
Homes and the City of Farmington and will depend in part upon the ultimate form of
mediumlhigh density housing being constructed.
Any commercial development will have frontage on and access to a public thoroughfare
owned and maintained by the City of Farmington. Within the property lines ofthe
commercial property all streets, parking areas, utilities and common areas will be the
responsibility of the developer of the commercial property.
Services Provided
This community will form and be an integral part of the City of Farmington. As such, it
will rely upon the City of Farmington and Independent School District #192 to provide
the standard array of municipal services. Services such as police and fire protection,
ambulance service, utilities, street maintenance, public education, parks and recreation,
etc... are expected to be provided by the City and school board. Any street or utility that
is privately owned would be the maintenance responsibility of the benefiting private
property owners.
Population Projections
Based upon recent experience with comparable housing product in suburban location, we
estimate the population of Vermillion Grove, at full development, to be in the order of
670 persons. These projections are based upon the following assumptions:
148 villa townhouses @ 1.25 persons per unit (ppu)
95 garden and garden townhouses @ 1.8 ppu
97 single family homes @3.25 ppu
= 185 persons
= 171 persons
= 315 person.
It should be noted that the numbers referenced above represent our best guesses based
upon our recent experience. Underlying societal trends will impact demographic forecasts
and therefore undoubtedly will affect future populations projections.
Rottlund Homes looks forward to working with the City and its staff on this very exciting
development. If you, any members of your staff or consultants have any questions
regarding this submission or our company please do not hesitate to contact the
undersigned.
Yours very truly,
~~
VIce President
Minnesota Division
JMN/jmn
Encls.
c.c. Paul Thomas (without attachments)
Larry Wenzel (without attachments)
Gary Fuchs (without attachments)
APPLICATION FOR PUD - PLARHED WIT DEVELOPMEft
D;:::~'YJfr j) 19SL..
Name \'E~", ILLIOU GQ()VE
Location <1::1.tlb,. -M'* C(lI'\Pr ,j (tr'+t Root.! ~I Cfilll: Itnd::l (;load)~ 1115~
~\J2 (Se.e (l~f{ , , n
Zoning District (s) , ,~ ) . ~7 'J~,y
'z,~(V2 V'tr{J f'Y\QI\+ D. \ etA.. ' '\- I
Names & Addresses of All owners: .
2(;; L-
~~-e' "CA.\'" ( )' .
Principal Contact ) ~,~ Telephone 65" b3t'J- 0500
Name~Addres.ses-G..Mroperty Owners within 350 Fe~~l~ble
from S Jlill0v\.:A7 ' on ,r, 8 1990
Project Data
Land Use
Total Acres
(w,th c:crffirnQl\c-\-t.J)
,41'~
<f5-
3.'6
TohJ Af:rJ(0
(wdh<fW.b omf'l\i,\~j
~H .(3
~6,q
Single Family
Multi' Family ,
Retail/C~\c~
Office
Institutional
Parks
Wetland
b.f.J
-2".3
b-8
20.3
Densitv
Residential
Units/Acre
:}.,"O
'2.Bb
Parkin9
Single Family
Multi Family
Retail
Office
Institutional
'No Off. Street
~I~-it1 (\l.ot./ CffiifA '4 (l::lter
POPULATION C~CrERIS~S ~
c.p-e o~n .. ( \Qt\,VV\{f, to. H'"
,
Schematic Plan
Fee:
Action by Planning Commission
Public Hearing Date
Approval Date
Recommended Revisions
Action by City Council
Public Hearing Date
Public Hearing Date
Recommended Revisions
Comments:
Comments:
Preliminary PUD Plan
Approval Date
Comments:
Fee
Approval Date
Comments:
Preliminary Plat
Approval Date
Comments:
Fee:
Approval Date
Comments:
Final Plan Approval
Approval Date
Comments:
Approval Date
Comments:
Cert.ification:
I hereby certify that I am the applicant named herein and that all
information given above, including exhibits submitted, is in all
respects true and accurate to the best of my knowledge and that if the
application is approved, the future use of the property will conform
t)(the plans contained herein. I am the ____Owner, ____Lessee,
Purchaser, '_Agent .
ure of the A~plicant
Viet ftl=~)[.JE'IJT
R-oHt,,~ ~~
Schedule "A"
LEGAL DESCRIPTION
That part of the Southwest quarter (SWl/4) of Section Twenty-four (24), and that part of the Northwest
Quarter (NWl/4) of Section Twenty-five (25), all in Township One Hundred Fourteen (114), Range
Twenty (20), Dakota County, Minnesota described as follows:
Beginning at a judicial landmark on the North line of said Southwest Quarter (SWII4) of said Section
Twenty-four (24), 1614.3 feet East of the Northwest comer thereof; thence West 1614.3 feet to a judicial
landmark at the Northwest comer of the Southwest Quarter of said Section Twenty-four (24); thence South
on the West line of said Southwest Quarter (SWII4) and on the West line of the Northwest Quarter
(NWII4) of said Section Twenty-five (25) 2,937.5 feet to a judicial landmark; thence East on a line parallel
to the North line of the Northwest Quarter (NWII4) of said Section Twenty-five (25), and 329.2 feet South
thereof, 2646.7 feet to a judicial landmark on the East line of said Northwest Quarter of said Section
Twenty-five (25); thence North on said East line and on the East line of the Southwest Quarter of said
Section Twenty-four (24), 1,533.11 feet to a judicial landmark; thence South 830 14' 23" West (the East
line of the Southwest Quarter of said Section Twenty-four (24) assumed to be North 0015' 30" West) 80.2
feet to a judicial landmark; thence North 540 51' 40" West 1081.05 feet to a judicial landmark; thence
North 14000" East 467.47 feet to a judicial landmark and to the intersection of said line with a nontangent
curve, radius of 1146.28 feet, which bears North 550 52' 40" East from the point of intersection; said curve
being the center line of County Road No. 31 as now established; thence Northwesterly along said center
line curve, said curve being concave to the Northeast, an arc length of 436.29 feet, central angle of 21 0 48'
27" to a judicial landmark, being the point of beginning according to the Government Survey thereof.
Excepting therefrom the north 1303.89 fee.t of the west 792.00 feet of the Southwest Quarter of Section 24,
Township 114 North, Range 20 West, Dakota County, Minnesota.
AND ALSO EXCEPTING THE FOLLOWING:
That part of the Southwest Quarter of Section 24, and that part of the Northwest Quarter of Section 25, all
in Township 114 North, Range 20 West, Dakota County, Minnesota described as follows:
Beginning at the northwest comer of the Southwest Quarter of said Section 24; thence southerly on the
west line of said Southwest Quarter and on the west line of the Northwest Quarter of said Section 25, a
distance of 2,937.5 feet to a judicial land mark as called for in Certificate of Title No. 108101 on file in the
Registrar of Titles office in Dakota County, Minnesota; thence on an assumed bearing of South 88 degrees
29 minutes 37 seconds East on a line parallel with the north line of the Northwest Quarter of said Section
25, and 329.2 feet south thereof, 275.48 feet thence North 0 degrees 16 minutes 27 seconds East 425.57
feet; thence northerly 345.85 feet along a tangential curve concave to the west having a radius of 1909.86
feet and a central angle of 10 degrees 22 minutes 32 seconds; thence North 10 degrees 06 minutes 05
seconds West, tangent to said curve, 937.04 feet; thence northerly 493.81 feet along a tangential curve
concave to the east having a radius of 2864.79 feet and a central angle of 9 degrees 52 minutes 34 seconds;
thence North 0 degrees 13 minutes 31 seconds West, tangent to said curve, 759.84 feet to the north line of
the Southwest Quarter of said Section 24; thence North 89 degrees 48 minutes 07 seconds West 20.00 feet
along said north line to the northwest comer of the Southwest Quarter of said Section 24 and the point of
beginning.
Excepting therefrom the North 1303.89 feet of the West 792.00 feet of the Southwest Quarter of Section
24, Township 114 North, Range 20 West, Dakota County, Minnesota.
Subject to an easement to Dakota County for highway purposes.
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Westwood Professional Services, Inc.
7599 Anagram Drive
Eden Prairie. MN 55344
-~--
Phone: 612-937-5150
Fax: 612-937-5822
Toll Free: 1-888-937-5150
Email: wps@westwoodps.com
.. ........-...-..---
Trip Generation Analysis for the
Vermillion Grove Development in Farmington
December 1,1999
Overview
The purpose of this memorandum is to summarize the trip generation characteristics and traffic
assignment levels of the proposed Vermillion Grove Development in Farmington, Minnesota.
Vermillion Grove is a multi-phase residential planned unit development that is situated south of
County Road 64 (195th Street West), East of C.S.A.H. 31 (Pilot Knob Road) and west of Akin
Road. The site will have a single access point to each of those three roadways and an
additional internal connection to the planned Murphy Farms development immediately to the
south. The project will commence construction in 2000 and the housing units are expected to
be fully built out in three to five years. This study computed the trip generation based on the
estimated number and types of housing units planned at this time.
Trip Generation
The trip generation for the Vermillion Grove Development was computed using the rates
contained in the Institute of Transportation Engineers report Trip Generation, 6th Edition, 1997,
applied to the expected development statistics. (Note: The Dakota County Planning Department
has developed a County-Wide Traffic Forecast Model. The trip generation rates contained in
that model are lower than those represented in the ITE Report. To be conservative in the
analysis, the higher ITE based rates were applied for this study.)
Trip Generation Summary
Approximate Estimated P.M. Peak
Land Use Acreage Units ADT Hour Trips
Single Family Residential 41.8 ac. 97 928 98
Multi-Family 4-Unit Buildings 24.3 ac. 105 615 60
Multi-Family 8-Unit Buildings 24.6 ac. 148 867 84
TOTALS 350 2410 242
Designing the Future Today...since 1972
Trip Generation Analysis for the Vermillion Grove Development in Farmington
December 1. 1999
Page 2
Trip Distribution
The trip distribution for the Vermillion Grove area was based on the Metropolitan Council
Region-Wide Traffic Forecasting Model and on previous traffic analyses for the area. (The
previous analyses included review of current traffic counts, review of the County's traffic forecast
model and discussions with County Planning staff.) The resultant distribution for Vermillion
Grove anticipates approximately 60% of site traffic distributed to the north on Pilot Knob Road
(from the site via Pilot Knob and Akin Road) and approximately 20% distributed to the west via
County Road 64/195th Avenue. The remaining trips are distributed to the south.
Traffic Assignment
Traffic assignments for Vermillion Grove were computed for both daily trip generation and for the
P.M. Peak Hour. The traffic assignments were derived by combining the trip generation results
with the trip distribution patterns and then routing the traffic on logical paths from within the
development out onto the surrounding County and City roadway networks.
The daily site traffic assignments show the following two-way volumes at key locations relative to
the project area:
C.S.A.H. 31 immediately south of 195th Street: 720
Akin Road immediately south of 195th Street: 530
195th Street immediately west of C.S.A.H. 31: 480
195th Street immediately east of C.S.A.H. 31: 900
The Daily and P.M. Peak Hour traffic assignments (showing only traffic due to the Vermillion
Grove development) are summarized on the two attached figures. These traffic volumes are
consistent with trip generation values for residential developments and will be readily
accommodated by the surrounding roadway network.
At this time the entire development is being planned with the residential units referenced in this
memorandum. There is a possibility that a small portion (about 3.5 acres) of the 4-unit building
multi-family use may be developed as commercial. If this piece advances as commercial, it
would host about 10,000 to 15,000 square feet of neighborhood-based commercial. Such a use
would generate more trips than a residential use. However, for this small size of neighborhood
commercial, the added trips would not impact the surrounding roadway network.
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Subject:
Noonan, J Michael Umnoonan@rottlundhomes.com]
Wednesday, December 08,19992:04 PM
'Ismick@ci.farmington.mn.us'
Open House
Further to last night's meeting I thought it would be prudent to document
certain things related to the meeting. 11 indivduals, representing 6
households attended the open house. Those in attendance included:
- Erwin and Helen Hagen 19643 Akin Road
- Harvey and Iris Briesacher 4999 203rd Street
- Troy and Debi Corrigan 19691 Akin Road
- Tom Hoyer 19687 Akin Road
- Leslie and DAle Pettis 19735 Akin Road
- Allan and Jan Corrigan 19715 Akin Road.
The open house commenced about 7pm and concluded at 8:40pm.
There was a broad ranged discussion relating to Rottlund's plan and timing
for the development. The current concept plan was explained and associated
housinQ product described with the assistance of photos and renderings.
Those In attendance seemed to be accepting of the form of development, the
range of land uses and associated density.
Specific concerns include:
- surface water, stormwater management
- Akin Road and the issue of proposing an access point onto the road
- the maintaining of vegetation on site and landscaping proposed
- parkland to be provided
- the commercial parcel
'ime of activity.
e concluded the meeting with an invitation to attend this tuesday's
planning commission meeting. The purpose of the meeting was explained and
the indiciation was given that further detail will be forthcoming with the
preparation of the preliminary pud. The participants were invited to phone
and discuss any specific concerns about the development.
JMN
1
City of Farmington
325 Oak Street, Farmington, MN 55024
(651) 463-7111 Fax (651) 463-2591
www.ci.farmineton.mn.us
lOG-
TO: Mayor, Councilmembers, City Administrato~
FROM: Lee M. Mann, P.E., Director of Public Works/City Engineer
SUBJECT: Vermillion River Watershed Management Organization - Appointment
DATE: January 3, 2000
INTRODUCTION
Staff has received notification of the resignation of two commissioners of the Vermillion
River Watershed Management Organization (please review attached notification). The
resigning commissioners are Dennis Miranowski (former Director of Public
Works/Deputy City Manager, Apple Valley) and Bud Osmundson (former Director of
Public Works, Rosemount).
DISCUSSION
Notification of the vacancies in the VRWMO has occurred per State regulations. Council
has previously appointed the Director of Public works as the City's delegate to select new
commISSIOners.
In the past, as evidenced by the commissioners that have resigned, City staff members
have served as commissioners on the VRWMO Board of Commissioners. As Council
rimy be aware, recent legislation authored by Representative Dennis Ozment prohibits the
appointment of any staff members of member communities to WMO Boards after
December 31, 1999. Therefore, only citizens of member communities that are not staff
members ofthose communities are eligible to serve as a commissioner.
As part of notifying Council of these vacancies, staff wishes to ascertain whether or not
any of the Council members have an interest in serving on the VRWMO Board of
Commissioners or if the Council has any recommendations of possible candidates for the
position.
BUDGET IMPACT
None.
ACTION REOUESTED
Consideration and discussion regarding possible candidates for the VR WMO Board of
Commissioners.
Respectfully submitted,
~m~
Lee M. Mann, P.E.
Director of Public Works/City Engineer
cc: file
CAMPBELL KNUTSON
Professional Association
Attorneys at Law
Thomas J. Campbell
Roger N. Knutson
Thomas M. Scott
Elliott B. Knetsch
(651) 452~5000
Fax (651.);~S2~5550
Direct DUd: (651) 234-6215
E-nudl Address: rlcnutsolf@l:k-law.com
Joel J. Jamnik
Andrea McDowell Poehler
Matthew K. Brokl*
John F. Kelly
Matthew J. Foli
Marguerite M. McCarron
December 16, 1999
. Also licensed in Wisconsin
VERMILLION RIVER W.M.O.
GROUP AAA MEMBER CITIES
CITY OF LAKEVILLE
Charlene Friedges, Clerk
Lakeville City Hall
20195 Holyoke Avenue West
Lakeville, Minnesota 55044
CITY OF FARMINGTON
John Erar, Administrator
Farmington City Hall
325 Oak Street
Farmington, Minnesota 55024
CITY OF ROSEMOUNT
Susan Walsh, Clerk
Rosemount City Hall
2875 - 145th Street West
Rosemount, Minnesota 55068
CITY OF BURNSVILLE
Susan Olesen, Clerk
Burnsville City Hall
100 Civic Center Parkway
Burnsville, Minnesota 55337-3817
CITY OF APPLE VALLEY
Mary Mueller, Clerk
Apple Valley City Hall
12400 Cedar Avenue
Apple Valley, Minnesota 55124
CITY OF HASTINGS
Melanie Mesko, Clerk-Treas.
Hastings City Hall
101-4th Street East
Hastings, Minnesota 55033-1224
RE: Vacancies on the Board of Commissioners of
the Vermillion River Watershed Management Commission
(Dennis Miranowski and Bud Osmundson Resignations)
Ladies and Gentleman:
This office is legal counsel for the Vermillion River Watershed Management Organization
("WMOtl). Commissioners Dennis Miranowski and Bud Osmundson have advised the Board of
their intent to resign from the WMO Board of Commissioners. Both resignations are effective
immediately.
Rules of the State Board of Water and Soil Resources ("B.W.S.R.") require that the
B.W.S.R. be notified of the vacancies and that notice also be published in a local newspaper. I have
notified the B.W.S.R. of the vacancies and have also published the enclosed legal notice in the
Dakota County Tribune and the Shakopee News/Jordan Independent.
Suite 317 · Eagandale Office Center · 1380 Corporate Center Curve · Eagan, MN 55121
Vermillion River WMO
Group AAA Member Communities
December 16, 1999
Page 2
Paragraph 6, Subd. 1 of the Joint Powers Agreement, copy enclosed, explains how the
member cities make an appointment:
· each City Council must select a delegate to select the new commissioners;
· the delegates so selected are required to meet upon 15-days advance notice given by
the Lakeville City Clerk;
· the delegates by majority vote select the new commissioners.
We request that each member City select a delegate to appoint two commissioners to replace
Dennis Miranowski and Bud Osmundson, and that the Lakeville City Clerk make contact with the
other Group AAA cities to arrange a time and place for the delegates to meet and vote on the
appointments. When making the commissioner appointments, however, please keep in mind that
this year the Governor signed into law a bill that prohibits the appointment of any staff members of
member communities to WMO boards after December 31, 1999. You should not act until your
second meeting in January to allow interested persons to respond to the notice of vacancies that is
being published in the official newspapers of the WMO.
If you have any questions, please call.
Roger N. Knutson
Vermillion River W.M.O. Attorney
BY:
RNK:sm
Enclosures
cc: Vermillion WMO Board Members
PUBLIC NOTICE
NOTICE IS HEREBY GIVEN that vacancies have been created in Group AAA of
the Vermillion River Management Organization Board of Commissioners due to the
resignation of two of its commissioners. The commissioners are a joint appointment of the
following communities:
City of Apple Valley
City ofBumsville
City ofFannington
City of Hastings
City ofLakeville
City of Rosemount
If you are interested in being considered for appointment as a commissioner, you
may contact the City Clerk of any community in Group AAA making the appointment by
January 7, 2000.
Dated: /.2 - / c;
, 1999.
Roger N. Knutson, Attorney
/Od
City of Farmington
325 Oak Street, Farmington, MN 55024
(651) 463-7111 Fax (651) 463-2591
www.ci.farmington.mn.us
TO: Mayor and Councilmembers
City Administrat~
FROM: David L. Olson
Community Development Director
SUBJECT: Notification of Grant Award
DATE: January 3, 2000
INTRODUCTION
Attached is a copy of a letter recently received by the Minnesota Department of Trade
and Economic Development (DTED) notifying the City that the HRA was awarded a
$411,314 Contamination Cleanup grant for the Elm Park Dump.
DISCUSSION
The HRA previously authorized the submittal of grant applications to both the
Metropolitan Council in the amount of $85,030 and DTED in the amount of $446,250.
This cleanup would facilitate a proposed expansion of the City Center complex.
The City previously received notice that the Metropolitan Council grant was approved for
funding in the full amount of $85,030. The DTED grant award while approximately
$35,000 less than originally applied for, should still allow for the cleanup to proceed.
Council will be kept apprised as this project moves forward.
ACTION REOUESTED
For information only.
;pe~lY~/
. 1 L. Olson
Community Development Director
Cc: Ken Larsen, PEER
Jeff Harthun, Dakota County
~\~ N ES 01'-1
~
-Trade&-
Economic
Development
December 22, 1999
The Honorable Gerald Ristow
Mayor, City of Farmington
325 Oak St.
Farmington, MN 55024-1374
Dear Mayor Ristow:
I am pleased to inform you that your application for a Contamination Cleanup grant for the
Former Elm Park Dump site has been approved for funding. The Minnesota Department of
Trade and Economic Development (DTED) received a total of nine Cleanup and five
Investigation applications and the Former Elm Park Dump site was selected for an award.
Everyone involved in the preparation of your application can be proud of a job well done.
DTED will award the Farmington HRA $411,314 for the cleanup of contaminants at the former
Elm Park Dump site as outlined in the application. You will soon be receiving a grant agreement
that must be signed and returned to DTED for execution. Once this grant agreement is fully
executed, you can begin drawing funds.
For additional information, contact Meredith Udoibok, Brownfields & Community Assistance
Director, at 651-297-4132.
Congratulations to you and your staff for putting together a successful application.
cc: David Olson
Kind regards,
~11'l~
JeI1{Y Oarlson
ifissioner
500 Metro Square, 121 7th Place East, Saint Paul, Minnesota 55101-2146 USA.
651-297-1291.800-657-3858. Fax 651'296-4772 . TIT/TDD 800-627-3529
www.dted.state.mn.us