HomeMy WebLinkAbout08.07.23 Council Packet01"Y OF
FARMINGTON
Meeting Location:
Farmington City Hall, Council
Chambers
430 Third Street
Farmington, MN 55024
CITY COUNCIL REGULAR MEETING AGENDA
Monday, August 7, 2023
7:00 PM
ME
(This time is reserved for citizen comments regarding non -agenda items. No
official action can be taken on these items. Speakers are limited to five minutes
to address the city council during citizen comment time.)
7.1.
Minutes of the July 17, 2023 Council Work Session
4-8
Agenda Item: Minutes of the July 172023 Council Work Session - Pdf
7.2.
Minutes of the July 17, 2023 Regular City Council Meeting
9-14
Agenda Item: Minutes of the July 17 2023 R iular Cit Council Meeting
- Pdf
7.3.
Minutes of the July 24, 2023 Council Work Session
15-23
Agenda Item; Minutes of the July 24,,2023 Council Work Session - Pdf
7.4.
Establish Public Hearing Date to Consider Proposed 2024 Economic
24-27
Development Authority (EDA) Levy
Agenda Item; Establish Public Hearing Date to Consider roose 0
Economic Development Authority (EDA) Levy - Pdf
7.5.
Approve Bills
28-29
�Pdf
AAgends Item: A droveQills -
Approve Bills (Confidential)
Page 1 of 154
7.6. Financial Review for the Quarter Ending June 30, 2023 30-44
Agenda Items Financial Review for the Quarter Ending June 30, 2023 -
Pdf
7.7. Staff Changes and Recommendations 45
Agenda Item- Staff Changes and Recommendations - Pdf
7.8. Agreement for Flagstaff Meadows Park Trail Construction Project 46-54
Agenda Item: Agreement for Flagstaff Meadows Park Trail Construction
apmipct -Pdf
7.9. Resolution Accepting Donation from Happy Harry's Furniture to the 55-56
Rambling River Center
Agenda Item: Adopt Resolution Accepting Donation from Har)Dv Harn,'--
Furniture to the Rambling River Center - Pdf
7.10. Resolution Accepting Donation of Flowers for Downtown 57-58
Agenda Item- Resolution Acceptin Donation f Flowers for Downtown -
Pdf
8.1. Appeal of a Planning Commission Decision Regarding a Conditional 59-153
Use Permit for Expansion of a Charter School Within the B-2 Zoning
District
Hold the required public hearing. Upon closing the public hearing, Staff
recommends that City Council approve the appeal, thereby approving
the requested CUP, with the conditions outlined in the Planning
Commission staff report and adopt by motion the attached Resolution
for Approval.
Agenda Item- Acceal of a Plannina Commission decision reaardina a
Boom
zgnjD.g distr - Pdf
9. AWARD OF CONTRACT
12. NEW BUSINESS
12.1. Parks and Recreation Advisory Commission Appointment 154
Approve the appointment to the Parks and Recreation Advisory
Commission, pending a successful background check of the applicant,
for a term ending January 31, 2025.
Page 2 of 154
Page 3 of 154
FARMINGTON
To:
From:
Department:
Subject:
Meeting:
1'," 430 Tt"Od St, Farmington, MN 550-2-4
Bril - 280, -6800
0 RarmingtonWgov
REGULAR COUNCIL AGENDA MEMO
Mayor, Councilmembers and City Administrator
Shirley Buecksler, City Clerk
Administration
Minutes of the July 17, 2023 Council Work Session
Regular Council - Aug 07 2023
For Council's review are the minutes from the July 17, 2023 Council Work Session.
Not applicable
Not applicable
Approve the minutes of the July 17, 2023 Council Work Session.
Page 4 of 154
City of Farmington
City Council Work Session Minutes
Monday, July 17, 2023
The Farmington City Council met in a work session on Monday, July 17, 2023, in the City
Hall Council Chambers, 430 3rd Street, Farmington, Minnesota.
1. CALL TO ORDER
Mayor Hoyt called the work session to order at 5:00 p.m.
Members Present: Mayor Joshua Hoyt
Councilmembers Holly Bernatz, Nick Lien,
Katie Porter, and Steve Wilson
Members Absent: None
Also Present: Lynn Gorski, City Administrator
Julie Flaten, Asst City Administrator/HR Director
Leah Koch, City Attorney
Deanna Kuennen, Community Development Director
Chris Regis, Finance Director
Kellee Omlid, Parks & Recreation Director
Gary Rutherford, Police Chief
John Powell, Public Works Director
Shirley Buecksler, City Clerk
Kyle Sawyer, Ehlers
2. APPROVE AGENDA
Motion was made by Councilmember Porter and seconded by Councilmember Wilson
to approve the agenda, as presented.
Motion carried: 5 ayes / 0 nays.
3. DISCUSSION ITEMS
3.1 Utility Rate Study
Staff hired Ehlers to undertake a rate study of the Sewer, Water and Storm
Water Funds. Operating costs continue to increase in the three funds,
specifically Met Council charges in the Sewer Fund. In addition, the funds are
supporting the General Fund and helping finance capital improvements, which
puts pressure on the cash balances of each fund.
The rate study looks at the current rates, operating costs, and cash balances
and projects future rates that will provide positive operations and support
minimum cash balances.
Page 5 of 154
City Council Work Session Minutes
July 17, 2023
Page 2 of 4
Discussion and comments:
• Farmington has had incremental growth every year. Farmington moved to
the tiered structure 10 to 15 years ago due to a conservation requirement
from the Department of Natural Resources (DNR).
• Continued monitoring and updating should be done every few years to be
consistent.
• Communication to include the big picture, hosting an open listening session,
and providing residents with ideas on how reduce water and sewer usage
(i.e., high efficiency appliances) that can positively impact consumption and
reduce costs.
• Consider paying with cash versus bonding. The bond is already built into the
recommended rate increase. The same rates could be used to pay with cash.
• Rates need to increase to cover the Met Council fee and other operating
costs.
• Is there value in looking at REU (Residential Equivalency Unit) calculations
or factoring in parcels and adding the storm water charge?
• How can we have a more reliable standard to get as close as possible to
actual usage? Should topography be considered, compared to another
property where water flows away? We need to be equitable and fair.
• Using the Pavement Condition Index, identify project areas and inform
residents of future projects.
• Restricted cash for drinking water treatment is only restricted to being spent
on a water treatment plant. Funds are sitting flat at $2.4 million with no
additions to the fund. A new treatment plant could cost $25 million. Location
of a facility; could those funds be used for the acquisition of it? It's start-up
money. Ideas could be looking at new well locations or blending the two. We
could look at that and see if that would point in a certain direction. In theory,
we could identify a parcel for treatment or a well or sell back. Or purchase
enough property to put in a plant or well.
• Money was set aside in 2019 for a water tower and earmarked for 2024.
Could it be done? Not all in 2024. We should have a location identified. There
will be engineering, studies, and a test well. Models will be updated this fall.
• One of our priorities was meeting industry standards. Let's put ourselves in
a position that future Councils won't need to discuss it.
• Could the tax base rate be adjusted to close the gap for low and medium
residential versus increases over time. Down the road, you are essentially
telling users that you're charging more for the first 10,000 gallons and not
promoting conservation.
• How to get more now and increase less over time. We could look at a 30%
increase and lower increases over future years. How do we get there as
quickly as possible? A model could be looked at with a higher increase over
the beginning years. That could potentially solve the problem and get to the
flat rate earlier.
Page 6 of 154
City Council Work Session Minutes
July 17, 2023
Page 3 of 4
Direction:
Council would like to see one page with 3% going forward and what that
would look like for water with an incremental increase for greater impact.
Review at a future work session before Council sees the actual fee schedule,
with a good picture of what the average resident will see.
Motion was made by Councilmember Wilson and seconded by Councilmember Bernatz
to recess the Work Session until following the Regular Council meeting.
Motion carried: 5 ayes / 0 nays. The Work Session was recessed at 6:42 p.m.
The Work Session resumed at 7:53 p.m.
3.2 Pavement Management Program (PMP) Update
This item was continued to a Special Work Session scheduled for Monday, July
24, 2023.
3.3 Adult Use Cannabis Legalization
City Attorney Leah Koch presented on three main effects of new laws including
legalization of purchase, possession and use of cannabis, creation of Office of
Cannabis Management, and expungement of prior convictions for cannabis use
and possession.
Discussion and comments:
• We need to provide clarification for law enforcement and concentrate on use
in public spaces. There also needs to be consistency in our messaging.
• Attorney Koch will look at the Clean Indoor Air Act.
• The City will be able to set zoning regulations. A joint meeting should be held
with the Planning Commission to discuss where it should be allowed.
• Licensing will not occur until 2025; no one can be grandfathered in.
• Agree with zoning regulations but not restricting businesses.
Consensus:
• Prefer to wait for the League's guidance and examples and not have to
change things later.
• Parks should be one of our spaces that are treated like our school grounds.
4. COUNCIL COMMITTEE UPDATE
No update.
5. CITY ADMINISTRATOR UPDATE
No update.
Page 7 of 154
City Council Work Session Minutes
July 17, 2023
Page 4 of 4
6. ADJOURNMENT
Motion was made by Councilmember Lien and seconded by Councilmember Bernatz
to adjourn the meeting at 9:04 p.m.
Motion carried: 5 ayes / 0 nays.
Respectfully submitted,
Shirley R Buecksler
City Clerk
Page 8 of 154
FARMINGTON
To:
From:
Department:
Subject:
Meeting:
1',"" 430 Tt"Od St, Farmington, MN 550-2-4
Bril - 280, -6800
0 RarmingtonWgov
REGULAR COUNCIL AGENDA MEMO
Mayor, Councilmembers and City Administrator
Shirley Buecksler, City Clerk
Administration
Minutes of the July 17, 2023 Regular City Council Meeting
Regular Council - Aug 07 2023
Attached for Council review and approval are the minutes of the July 17, 2023 Regular City Council
meeting.
Not applicable
Not applicable
Approve the minutes of the July 17, 2023 Regular City Council meeting.
07.17.23 Council Minutes
Page 9 of 154
City of Farmington
Regular Council Meeting Minutes
Monday, July 17, 2023
The Farmington City Council met in regular session on Monday, July 17, 2023, in the City
Hall Council Chambers, 430 3rd Street, Farmington, Minnesota.
1. CALL TO ORDER
Mayor Hoyt called the meeting to order at 7:00 p.m.
2. PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was recited.
3. ROLL CALL
Members Present: Mayor Joshua Hoyt
Councilmembers Holly Bernatz, Nick Lien,
Katie Porter, and Steve Wilson
Members Absent: None
Also Present: Lynn Gorski, City Administrator
Julie Flaten, Asst City Administrator/HR Director
Leah Koch, City Attorney
Deanna Kuennen, Community Development Director
Chris Regis, Finance Director
Justin Elvestad, Fire Chief
Kellee Omlid, Parks & Recreation Director
Gary Rutherford, Police Chief
John Powell, Public Works Director
Shirley Buecksler, City Clerk
4. APPROVE AGENDA
Request was made to move the Bills from the Consent Agenda, Item 7.4, to New
Business as Item 12.2.
Motion was made by Councilmember Porter and seconded by Councilmember Lien
to approve the agenda, as amended.
Motion carried: 4 ayes / 5 nays
5. ANNOUNCEMENTS / COMMENDATIONS
None.
Page 10 of 154
Regular City Council Minutes
July 17, 2023
Page 2 of 5
6. CITIZENS COMMENTS / RESPONSES TO COMMENTS
David Pritzlaff, 20255 Akin Road, addressed the Council regarding construction on
Akin Road — safety, signage, and replacement of sod in the right-of-way on his
property.
7. CONSENT AGENDA
7.1 Gambling Event Permit for Church of St. Michael; Resolution No. R52-23
Concurring with the Issuance of a Gambling Event Permit to the Church of St.
Michael to Conduct a Raffle on September 24, 2023
7.2 Regular City Council Minutes for June 20, 2023
7.3 Second Quarter 2023 New Construction Report and Population Estimate
7.4 Bills for June 14 — 28, 2023 and June 29 — July 11, 2023 — (item moved to 12.2)
7.5 Changing of Job Titles: Community and Economic Development Director, and
Public Works Director/City Engineer
7.6 Staff Changes and Recommendations: Appointment of Donna Schauer as Part
Time Liquor Store Clerk
7.7 Agreement with SBC Concrete LLC to Construct Concrete Playground Border
and Bench Pad for Flagstaff Meadows Park
7.8 Resignation from Ashley Crabtree from the Parks and Recreation Commission
7.9 Resolution No. R48-23 Accepting a Donation of Bottled Water and Energy Car
Cups from Lunds & Byerlys for the Dew Run
7.10 Resolution No. R49-23 Declaring Items as Surplus and Authorizing Disposal
7.11 Resolution No. R50-23 Accepting a Donation of $97.48 from Happy Harry's
Furniture for the Rambling River Center
Motion was made by Councilmember Porter and seconded by Councilmember Wilson
to approve the Consent Agenda, as amended.
Motion carried: 5 ayes / 0 nays.
8. PUBLIC HEARINGS
There were no public hearings.
9. AWARD OF CONTRACT
None.
10. PETITIONS, REQUESTS AND COMMUNICATIONS
12. NEW BUSINESS
12.1 Professional Services Agreement with Bolton & Menk and Joint Powers
Agreement with Dakota County for Pilot Knob Trail Preliminary Design
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Regular City Council Minutes
July 17, 2023
Page 3 of 5
Director Omlid presented. The City completed a Bike Pedestrian Plan in 2019
which included a Phasing Strategy with Priority Projects. Within the Priority
Projects, connector trails and greenway trail connections were identified. A
connector trail missing segment on the west side of Pilot Knob Road south of
197th Street was identified as a Priority Project. This missing segment is a dual
trail gap (east side of Pilot Knob Road south of 197th Street, as well) in Dakota
County's long-range vision of the trail network. It has been identified by Dakota
County as High Priority Trail Gaps, #13 out of the top #20 high priority trail gaps
within the county.
One of the Parks and Recreation Commission's work plan goals is identifying
Bike Pedestrian Plans priorities to accomplish annually. During discussions on
priorities to work on and in addition to the trail gap on the west side of Pilot
Knob Road, the Commission kept coming back to the need for a trail on the
east side of Pilot Knob Road from Highway 50 (CSAH 50) to 195th Street (CR
64). This would allow trail users east of Pilot Knob Road to have a north / south
connection to the existing trail network without needing to cross a busy and
higher speed county road at an uncontrolled intersection.
Staff from the City and County met on Pilot Knob Road to discuss the project,
and both agreed preliminary design that assesses potential pedestrian and
bicycle infrastructure improvements is needed. In addition, Dakota County
hasn't updated the Pedestrian and Bicycle Study from 2018 and still refers to
the rankings when looking at implementing priority trail gaps.
Parks and Recreation Staff reached out to two engineering firms for proposals
for Pilot Knob Road trail feasibility and preliminary design. This includes
topographic survey of the existing conditions, public engagement, proposed
alternatives for trail alignment, final recommendations for trail alignment with
cost estimates, and 30% plan set. Both firms submitted a proposal for the
project. After reviewing the proposals and discussing with Dakota County, Staff
is recommending hiring Bolton & Menk for preliminary design for Pilot Knob
Road trail. The City Attorney reviewed the Professional Services Agreement
included in the Council's packet and found it to be acceptable.
The City will be the lead agency for this project. However, the City and County
will share project responsibilities and jointly participate in the project costs
associated with preliminary design for Pilot Knob Road trail. The County's
current cost share for pedestrian / bike improvements is 85% County and 15%
City. This cost share is for all phases including preliminary design, final design,
and construction. The City Attorney reviewed the Joint Powers Agreement
included in the Council's packet and found it to be acceptable.
The cost for Bolton & Menk's preliminary design services is $108,049. The cost
of these professional services Bolton & Menk will be providing to the City and
Page 12 of 154
Regular City Council Minutes
July 17, 2023
Page 4 of 5
County will be shared with the City contributing $16,207 (15%) and the County
contributing $91,842 (85%). Funding for the project will be out of the Trail
Maintenance Fund. The City will pay Bolton & Menk for the services and will
bill the County for their share of the project costs.
Motion was made by Councilmember Wilson and seconded by Councilmember
Lien to approve the Professional Services Agreement with Bolton & Menk and
the Joint Powers Agreement with Dakota County.
Motion carried: 5 ayes / 0 nays.
12.2 Bills for June 14 — 28, 2023 and June 29 — July 11, 2023 — (item moved from
7.4)
Motion was made by Councilmember Lien and seconded by Councilmember
Porter to approve the bills list, as presented.
Motion carried: 4 ayes / 0 nays / 1 abstained — Councilmember Bernatz
13.CITY COUNCIL ROUNDTABLE
• Many thanks to the Fire Department for a great 150th Celebration. Thank you to
everyone who came out to the event and to the Dakota County Fairgrounds.
• Thank you to the First Responders in Fargo.
• The new ePollpads have arrived, and maintenance on the tabulators will begin this
week in preparation for the 2024 elections.
• Interviewing for positions for Building Official and Finance Director.
• Spruce Street utility improvements — workway re -opened. The FAA has some
additional work to be done, yet.
• Crack filling is done.
• Thanks to everyone for their participation and support in the EDA meeting.
• Thank you to Ashley Crabtree for her years of service on the Parks and Recreation
Advisory Commission. The City is now accepting applications through July 24th to
fill this vacancy.
• The second Open Door event is tomorrow at the Rambling River Center from 3:00
to 4:00 p.m.
• July 26th: Music in the Park at 7:00 p.m., Rambling River Park.
• July 28th: Party in the Park at 7:00 p.m., Lake Julia Park. The movie "Ferris
Bueller's Day Off" will play at dusk.
• Budget and Capital Improvement Plan work continues.
• Relay for Life: July 21st at 6:00 p.m. Some events start at 6:00 p.m. on Thursday,
July 20th. The goal is to raise $100K; we are currently at $64K.
Page 13 of 154
Regular City Council Minutes
July 17, 2023
Page 5 of 5
Motion was made by Councilmember Bernatz and seconded by Councilmember Lien
to adjourn the meeting at 7:36 p.m.
Motion carried: 5 ayes / 0 nays.
Respectfully submitted,
Shirley R Buecksler
City Clerk
Page 14 of 154
FARMINGTON
To:
From:
Department:
Subject:
Meeting:
1',"" 430 Tt"Od St, Farmington, MN 550-2-4
Bril - 280, -6800
0 RarmingtonWgov
REGULAR COUNCIL AGENDA MEMO
Mayor, Councilmembers and City Administrator
Shirley Buecksler, City Clerk
Administration
Minutes of the July 24, 2023 Council Work Session
Regular Council - Aug 07 2023
Attached for Council review and approval are the minutes from the July 24, 2023 Council Work
Session.
Not applicable
Not applicable
Approve the minutes of the July 24, 2023 Council Work Session.
07.24.23 Special Work Session Minutes
Page 15 of 154
City of Farmington
City Council Special Work Session Minutes
Monday, July 24, 2023
The Farmington City Council met in a Special Work Session on Monday, July 24, 2023,
in the City Hall Council Chambers, 430 3rd Street, Farmington, Minnesota.
1. CALL TO ORDER
Mayor Hoyt called the work session to order at 4:30 p.m.
Members Present: Mayor Joshua Hoyt
Councilmembers Holly Bernatz, Nick Lien,
Katie Porter, and Steve Wilson
Members Absent: None
Also Present: Lynn Gorski, City Administrator
Julie Flaten, Asst City Administrator/HR Director
Deanna Kuennen, Community Development Director
Chris Regis, Finance Director
Justin Elvestad, Fire Chief
Kellee Omlid, Parks & Recreation Director
Tony Wippler, Planning Manager
John Powell, Public Works Director
Shirley Buecksler, City Clerk
Lance Bernard, Hoisington Koegler Group Inc. (HKGi)
2. APPROVE AGENDA
Motion was made by Councilmember Porter and seconded by Councilmember
Bernatz to approve the agenda, as presented.
Motion carried: 5 ayes / 0 nays.
3. DISCUSSION ITEMS
3.1 Community Vision and Comprehensive Plan Update
Planning Manager Wippler introduced Lance Bernard of Hoisington Koegler
Group Inc. (HKGi).
Mr. Bernard presented the progress that has been made thus far in regard to
public engagement and the community vision and guiding principles, along with
next steps for this project.
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City Council Work Session Minutes
July 17, 2023
Page 2 of 8
Project Overview
Project brand to create project awareness, excitement, and to generate ideas
and different viewpoints.
Community Engagement Plan
Objectives:
• Develop branding taglines and a project website
• Utilize effective communication tools
• Engage community leaders and populations
• Ensure the community outreach strategies align with the sequence of
project tasks
• Attend community -based events
• Incorporate online community engagement platforms
• Incorporate electronic outreach tools
• Conduct one-on-one interviews
Pop -Up Events
• State of the City, April 27
• Music in the Park, May 31
• Dew Days, June 25
+ Social media posts/newsletters
Unlocking Different Ideas and Viewpoints
Examples of questions:
• Describe your vision for Farmington's future in six words or fewer.
• What makes us bold?
• Identify a location or landmark that best represents Farmington's history.
• Identify a place that you would show someone who is thinking of moving
to Farmington that would make a good first impression of the community.
2040 Community Vision
Current:
"Farmington will continue to grow as a community in ways that are high quality,
balanced, and enhance our hometown feel. Farmington will be a desirable
community for its friendly, safe, and well -maintained neighborhoods for
residents of all ages. Farmington's hometown feel is also based on the
community's natural open space character which entails strategic preservation
of the community's natural and rural character. The community's continued
growth will bring opportunities for adding and strategically locating schools,
recreational facilities, retail businesses, job opportunities, and other community
assets convenient to neighborhoods. Balancing the community's residential
growth with business growth will improve residents' access to desired retail,
employment opportunities, and the residential/business tax ratio."
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City Council Work Session Minutes
July 17, 2023
Page 3 of 8
Word Play
Common words used to describe Farmington include:
• Community
• Connected
• Downtown
• Family Friendly
• Historic
• Nature
• Neighborhoods
• Parks
• People
• Playful
• Small Town
Common phrases used to describe the future:
• Quality parks and trails
• More retail and jobs
• Safer roads
• Invest/redevelop downtown
• Invest in community assets/facilities
• Stronger placemaking — public art
• Protect/preserve natural resources
• Too big (growing too fast)
• Grocery store
• Sustainable
Overarching
Directional
Vision Statement
The vision is abroad statement that articulates the values of the community
for the next twenty -years,
Guiding Principles
Guiding principles embody overarching themes that apply to all of the
Comprehensive Plan's goals and policies.
Vision
Implementation
Goals
Goals are statements that describe a desired
outcome the City hopes to achieve, / 100 ft
Policies
Policies are statements 10 ft
that describe the genera
course of action. /
10,000 ft
1,0(JO ft
Em
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City Council Work Session Minutes
July 17, 2023
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Translating the Community's Words and Ideas into a New Vision
Celebrating our past. Boldly defining our future.
"In the City of Farmington people and neighborhoods matter, natural resources
are valued, and businesses are celebrated. We are bold in pursuing
opportunities and investments that support quality and sustainable growth, a
vibrant and resilient economy and a complete and connected community."
Next Steps
• Phase 1: May — July, Community Visioning
• Phase ll: August— October, Land Use Planning
• Phase III: August— October, Update the Comp Plan
Discussion and comments:
• How do we maintain the small town feel but add the things people want?
• How can we show that our businesses are celebrated?
o Our goal is to show up and be there for them. We are out there
talking with them so they know who we are and that we are here
for them.
• How do you create communities in neighborhoods within the broader
community?
o You need a vision that will stand time, with a flow of connectivity.
It starts in our decision making.
• What do neighborhoods look like for future commercial developments?
How do we balance new against tradition and maintain that quaint small
town feel?
• Maintain the vitality and vibrancy of the downtown district for all areas.
• Are vision statements different for different audiences?
• Sense of community and small town feel is the core. What do we bring
that other communities do not?
• Use the Comp Plan as a guiding principle and do what we say we're
going to do.
After some discussion, the vision was modified to read:
In the city of Farmington, people and neighborhoods are valued, natural
resources are treasured/preserved/cherished, and business and traditions
are celebrated. We are bold in pursuing opportunities and investments that
support quality and sustainable growth, a vibrant and resilient economy and
a complete and connected community.
Staff will bring this back for future discussion. Council thanked Mr. Bernard for
coming and for everyone's work on this.
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City Council Work Session Minutes
July 17, 2023
Page 5 of 8
3.2 Pavement Management Program (PMP) Update
Director Powell presented how bituminous pavement conditions can be
quantified via the use of a Pavement Condition Index (PCI). This spring,
Goodpointe Technology, the consultant that supports our pavement
management software, rated the condition of bituminous pavement throughout
the city. Their findings on roadway conditions are presented on the draft map.
The bituminous pavement conditions for city trails have also been rated, but the
Work Session focus is on the roadways. The goal is to realize the full value/life
of the pavement, to meet a desired level of service, in the most cost-effective
manner.
Draft Map
When rating the pavement conditions, each segment of roadway is assigned a
numerical value from 0 to 100; 0 pavement being in extremely poor condition
and 100 representing a new roadway. For purposes of presenting this
information, the data has been broken up into deciles, with each decile assigned
a different color. When you review the map, the roadways in the worst condition
are those shown in red, orange, and light pink. The "feature count" simply
indicates how many roadway segments fall into that decile.
Vetting
Various criteria are used to rate the pavement such as transverse cracking,
block cracking, alligator cracking, etc. Multiple Staff are reviewing the draft map
for consistency between segments, to make sure segments weren't missed, and
to ensure that it accurately represents the system conditions in their view.
Map Maintenance
To maintain the map usefulness, the data must be kept current despite changing
pavement conditions overtime. So every year, the data will undergo an updating
process. The process includes adding new roadway segments due to
development; and also re -rating 1 /3 of the roadways on an annual basis. Using
this approach, none of the map data will be more than three years old.
C/P Project Scoping
Even though a roadways PCI is a key component in guiding pavement
maintenance and replacement planning, many other considerations enter the
decision -making process when planning pavement work. These considerations
include safety, risk, curb and gutter conditions, utility needs, drainage, traffic
volumes, funding, sidewalk/trail needs, etc. All these factors and more will be
considered when identifying the annual Street and Utility Improvement and Mill
& Overlay (M&O) project areas. The goal is to develop a 10-year plan which is
reviewed and updated each year. Knowing what roadways are intended for
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City Council Work Session Minutes
July 17, 2023
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reconstruction or M&O will allow Public Works Staff to much better plan annual
operation and maintenance activities.
Next Steps
After considering all the available information, and before the full 10-year plan
has been developed, Staff will identify the proposed 2024 Street and Utility
Improvement, and the 2024 Mill & Overlay project areas. The 2024 Street and
Utility Improvement project schedule is outlined as follows:
Jul -Aug 2023
Project scoping
— -- — --------------------------------------------------------------
Selection of design consultant; sanitary and storm
sewer televising; initial neighborhood •
• delineation (as needed)
Aug -Sep 203
Prepare feasibility report; geotechnical investigation,
topographic surveys; tree condon review, identify
easement needs (if any); al r•'
coordination (as needed); evaluate sidewalk/trail/AIDA
needs
Oct -Nov 2023
Final design; preparation of plans and specifications -
final utility coordination
Final plan review; preparation for bidding; permits
• for bids
Jan -Feb 2024
Open bids, award construction contract
Pre -construction meeting
Neighborhood meeting
Apr -May 2024
Begin construction
Substantial completion of construction
Two-year warranty inspection
The 2025 Mill & Overlay project will follow a similar, but more abbreviated,
schedule. We expect to follow a similar schedule each year to allow adequate
time to scope the projects, gather data on utility conditions, complete
topographic surveying before snow, and bid projects early in the year.
Beginning in 2024, in the Capital Improvement Program (CIP), Staff is
requesting $3,000,000 per year for street reconstruction projects, and an
additional $1,000,000 per year for mill & overlay projects. The requested
Engineering operating budget includes $14,000 per year to re -rate 1/3 of the
pavement conditions, and update the system data, each year.
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City Council Work Session Minutes
July 17, 2023
Page 8 of 8
Discussion and comments:
• This is a powerful tool that shows what needs to be done and where we need
to focus on projects. It will be posted for residents to see.
• The red/orange areas could be from natural pavement deterioration or
deferred maintenance.
• To remain in a forward -thinking process, we need to stay on top with annual
maintenance to keep those in the green category as long as possible. Timely
maintenance is important, and the goal is to raise the level across the
system.
• We need to get into a routine to continually invest in our roadways, which
also builds up interest from contractors for annual projects.
• There was no document like this in years past. This is a living document that
will be continually updated every year to reflect current conditions. Council
will see an updated color -coded map next year showing improvements.
4. COUNCIL COMMITTEE UPDATE
CEEF (Castle Rock, Empire, Eureka, Farmington) meeting is scheduled for next
Tuesday.
Airlake Airport Advisory Commission met; there were no complaints.
Dakota Broadband Board met two weeks ago; the Board discussed funds after Dakota
County withdrew.
5. CITY ADMINISTRATOR UPDATE
No update.
6. ADJOURNMENT
Motion was made by Councilmember Wilson and seconded by Councilmember
Bernatz to adjourn the meeting at 6:58 p.m.
Motion carried: 5 ayes / 0 nays.
Respectfully submitted,
Shirley R Buecksler
City Clerk
Page 23 of 154
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REGULAR COUNCIL AGENDA MEMO
To: Mayor, Councilmembers and City Administrator
From: Deanna Kuennen, Community Dev Director
Department: Community Development
Subject: Establish Public Hearing Date to Consider Proposed 2024 Economic Development
Authority (EDA) Levy
Meeting: Regular Council - Aug 07 2023
Minnesota Statues provide that a city may, at the request of the Economic Development Authority
(EDA), levy a tax to support economic development activities. The City of Farmington has not had an
EDA levy. The EDA has discussed the importance of a dedicated funding source and is
recommending that the City Council establish an EDA levy as part of the 2024 budget, in the amount
of $150,000.
The EDA has discussed the importance of having a dedicated funding source to support economic
development initiatives. The EDA reviewed the process required to establish an EDA levy, directed
Staff to prepare a work plan with an associated budget, and discussed the specific recommended
levy request for 2024. The EDA is recommending that the City Council include a levy for $150,000
for the EDA as part of the 2024 budget. Per state statutes, the city can levy no more than 0.01813%
of the City's taxable market value. The $150,000 levy request is considerably less than the maximum
allowed ($524,687 based on the 2023 taxable market value), but the amount would significantly
enhance the economic development efforts and momentum currently underway.
There are multiple steps associated with establishing an EDA levy as part of the City's overall levy.
The steps include:
1. The EDA passes a resolution recommending that a specific amount be included as part of the
2024 tax levy for EDA purposes. This can be no more than 0.01813% of the City's taxable
market value. (Attached)
2. The City Council is asked to consider a resolution stating the proposed levy and notice for a
public hearing. (Request before City Council)
3. The City Council conducts a public hearing two- to four -weeks after the public hearing is first
noticed.
4. The City Council decided whether to take no action or adopt a resolution authorizing the
proposed levy.
5. If authorized, the City Council adopts and certifies a proposed levy on or before September
30, and adopts and certified a final levy on or before December 20.
Since these actions will be to establish an EDA levy, which doesn't exist today - it is also worth noting
that the levy, if approved, can be subject to a reverse referendum. Per legal counsel, the levy (if
Page 24 of 154
approved by City Council) can be made ineffective if a petition is filed within 30-days of publication of
the levy resolution. The petition would require valid signatures by voters equaling five (5) percent of
the votes case in the city in the last general election. If this were to happen, then an election would
occur making the levy a referendum issue. Sec. 4 9.107 MN Statutes
No budget impact in 2023.
Approve Resolution R54-23 Accepting the 2024 Proposed Tax Levy Recommendation by the
Farmington Economic Development Authority (EDA) and Setting a Public Hearing.
a
Page 25 of 154
CITY OF FARMINGTON
DAKOTA COUNTY, MINNESOTA
RESOLUTION NO. R54-23
RESOLUTION ACCEPTING THE 2024 PROPERTY TAX LEVY RECOMMENDATION
BY THE FARMINGTON ECONOMIC DEVELOPMENT AUTHORITY (EDA) AND
SETTING A PUBLIC HEARING
WHEREAS, Minnesota Statutes Section 469.107, Subdivision 1, provides that a City may,
at the request of its Economic Development Authority ("EDA"), levy a tax each year upon all
taxable property within the taxing district for the benefit of the EDA; and
WHEREAS, Minnesota Statutes Section 469.107, subd. 1 also limits this levy to no more
than 0.01813 percent of the estimated market value of the taxing district; and
WHEREAS, on. July 17, 2023 the EDA approved and recommend a 2024 tax levy of
$150,000.00 in the year 2024 upon all taxable property within the taxing district for the benefit
of the EDA through EDA Resolution No. R07-23; and
WHEREAS, Minnesota Statutes Section 469.107 requires the City Council to hold a public
hearing on the proposed levy prior to approving the proposed levy.
NOW THEREFORE BE IT RESOLVED by the City Council of the City of Farmington
shall hold a public hearing on September 5, 2023 to consider the proposed 2024 EDA levy of
$150,000.00 per the requirements of Minnesota Statutes Section 469.107.
Adopted by the City Council of the City of Farmington, Minnesota, this 7Th day of August 2023.
Joshua Hoyt, Mayor
ATTEST:
Shirley R Buecksler, City Clerk
Page 26 of 154
FARMINGTON ON ECONOMIC DEVELOPMENT AUTHORITY
DAK 3TA COUNTY, MINNE OTA
EDA RESOLUTION NO. IZ07-2
RESOLUTION REQUESTING 202
ECONOMIC DEVELOPMENT AUTHORITY ICI{IVY
WHEREAS, Minn. Stat. §469.107 Subdivision l provides that a City nay, at the request of
its Economic Development Authority ("EDA"), levy a tax each year upon all taxable property within
the taxing district for the benefit of the EDA; and
WHEREAS, Minn. Stat. §469.107, surd; 1 also limits this levy to no more than 0.01813
percent ofthe estimated market value of the taxing district; and
WHEREAS, the EDA desires the City to implement a levy in the proposed 2024 Budget.
NOW THEREFORE BE IT RESOLVED by the Economic Development Authority of the
Cityr of Farmington that it approves and recommends a 2024 tax levy of 1150,000.00 for EDA
purposes.
PASSED AND DULY ADOPTED by the Economic Development Authority of the City
of F'armin ton, Minnesota, this 17"' day of Julys 2023.
j
Steve Wilson, Chair
ATTEST:
l,t
a Ku nen, Executive Director
Document Number: 22720
Page 27 of 154
FARMINGTON
To:
From:
Department:
Subject:
Meeting:
1',"" 430 Tt"Od St, Farmington, MN 550-2-4
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REGULAR COUNCIL AGENDA MEMO
Mayor, Councilmembers and City Administrator
Chris Regis, Finance Director
Finance
Approve Bills
Regular Council - Aug 07 2023
Attached is the July 12, 2023 — August 1, 2023 City Council check register and recently processed
automatic payments for your review.
Not applicable
Not applicable
Approve the attached payments.
Page 28 of 154
CITY OF FARMINGTON
CITY CHECKS AND AUTOMATIC PAYMENTS REPORT
August 7, 2023
CLAIMS SUBMITTED FOR APPROVAL AT THIS MEETING
PROCESSED CHECKS $ 915,325.54
PROCESSED AUTOMATIC PAYMENTS $ 418,481.59
GRAND TOTAL
$ 1,333,807.13
The City Council will receive a list of claims paid (claims detail) and it is available to the public
upon request.
Page 29 of 154
FARMINGTON
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REGULAR COUNCIL AGENDA MEMO
To: Mayor, Councilmembers and City Administrator
From: Chris Regis, Finance Director
Department: Finance
Subject: Financial Review for the Quarter Ending June 30, 2023
Meeting: Regular Council - Aug 07 2023
Staff reviews the financial performance of the General Fund and several other funds with the City
Council quarterly review. The financial statements are included in your packet. The following provides
a more in-depth review of the General Fund and highlights notable areas for the other funds included
in this review.
General Fund
The General Fund is the City's primary operating account. The following will provide explanations for
the various revenue items and highlights the more significant expenditure variations. The items
reviewed are in the order they appear on the attached General Fund financial statement.
Revenues
For 2023, budgeted General Fund revenues total $16,884,783 including transfers. At the end of the
second quarter of the year, the City has General Fund revenues totaling $8,489,617 or 50.28% of
total budgeted revenues.
Property taxes represent the majority of total General Fund revenues (including transfers in from
other funds). Property taxes are generally payable in two installments, May and October and collected
by the county. The City receives its share from the county in June and December.
The other types of revenues in the General Fund consist of licenses, permits, intergovernmental
revenue, charges for services, fines, investment income, franchise fees, rental income and
miscellaneous revenues.
Licensing includes liquor, beer and wine, massage, animal, etc. Fees for the second quarter of 2023
are at $29,470, or 68% of budget and are slightly behind 2022 second quarter results.
Permit revenue includes building, plumbing, heating, electric, etc., permits. The revenue for the
second quarter of 2023 is $257,266 which is a $165,174 decrease from the 2022 amount. The
decrease can be attributed to a slowing of single family home construction due to the increase in
interest rates over the last 12 to 18 months.
Page 30 of 154
Intergovernmental revenue includes municipal state aid (MSA) maintenance, police and fire aid, and
federal, state, and local grants. The City has received the first half of its MSA maintenance funds for
2023, the second half will be received in July. The majority of intergovernmental revenues have yet
to be received year to date as they are normally received during the second half of the year.
Charges for services includes fire, recreation, school resource officer (SRO), etc. Castle Rock and
Eureka townships are billed quarterly for fire protection. The City of Empire is billed annually, after
year end per contract. Non -contract (i.e., illegal and/or hazardous) fires are billed as they occur. The
schools are billed for their share of the school resource officers human resource costs on a quarterly
basis. Recreation programs, which are primarily offered in the summer, currently show improvement
over prior year revenues for the same time period.
Fines revenue is received the month following the occurrence of the fine. Current levels of revenue
are behind prior year levels by approximately $1,300.
Investment income consists of investment earnings from the City's portfolio and the annual mark -to -
market calculation to recognize the market value of the investment portfolio. The income amounts
are based on average monthly cash balances. Currently, investment income is trending higher than
2022 levels.
Miscellaneous revenues include rental income related to the Rambling River Center (RRC-senior
center), the rental of city hall space by the USDA, and the rental of fire station space by Allina Health.
In addition, the category includes donations and any other types of revenues that don't fit into a
specific category.
Franchise fee revenue in the General Fund represents the transfer of a portion of the City's franchise
fee revenue to the General Fund to help pay for City operations. The remainder of the franchise fees
are used to pay for the City's cable operations. The payments are received quarterly, with the first
payment of the year received early in the second quarter.
Expenditures
Finance tracks general fund expenditures by department. The following notes explain significant or
unusual variations from last year or actual versus budgeted amounts which may vary somewhat from
the expected 50 percent (6 of 12 months) through the end of June in the same order as they appear
on the attached General Fund financial report.
The Human Resources Department exceeds budgeted levels due to higher than budgeted personnel
costs and increased legal costs.
The Finance Department currently exceeds budget year to date. The overage can be traced to certain
costs being paid in the first half of the year in the Finance division. The Risk Management division
exceeds budget due to an increase in property and liability premium costs.
The Recreation Services Department currently exceeds budget year to date. The department has
seen increased costs in the Park Maintenance division, specifically in personnel, supplies, fuel, and
repair and maintenance. The Recreation Administrative division has also seen increased costs in
personnel, professional services, and legal.
Overall, the General Fund expenditures including transfers are at 47.66% of budget for the second
quarter of the year.
Page 31 of 154
EDA, Park Improvement, and Arena
The EDA (Economic Development Authority), Park Improvement Fund, and Ice Arena activities have
historically been of interest to the Council. They are included for your review.
EDA
Revenues for the EDA include only interest income for the second quarter. Expenditures include
grants, a marketing plan, substandard building report, membership and training costs.
Park Improvement Fund
The Park Improvement Fund revenues includes park development and dedication fees totaling
$90,674 and a farm lease payment. Expenditures for the quarter relate to costs incurred for a park
dedication fee study and a Rambling River Park master plan study.
Arena
Revenues for the arena have increased as compared to prior year to date levels due to increased ice
rental and lesson revenues. Expenditures reflect increases over the prior year levels due to increases
in personnel, supply, repair and maintenance, IT and utility costs.
Enterprise Funds
The City operates six enterprise funds: liquor operations, sewer operations, solid waste, storm water,
water, and street lighting. The solid waste fund is shown in this report as there is still some activity in
the fund.
Liquor Operations
The City has two financial benchmarks for its liquor operations. The first is a 25 percent gross profit
margin. For the second quarter, both of the stores met the gross profit margin target. The second
standard is a 6 percent profit as a percent of sales. This is evaluated on a combined basis. For the
second quarter, the operation exceeded the standard and reported a 9.63% of profit as a percent of
sales. Sales for the second quarter ending have increased by $211,471 or 7.17% over 2022. The
Downtown store has increased sales by $122,721, while the Pilot Knob store reflects an increase of
$88,750.
Sewer Operations
Revenues for the Sewer Fund reflect an increase of $219,197 as compared to 2022 due to an
increase in rates. Expenses have increased due to increased MCES (Metropolitan Council
Environmental Services) fees, which are fees charged to the City to treat its wastewater. The fees
reflect an increase in the cost to treat the volumes processed.
Solid Waste
The City ceased its solid waste operation as of December 31, 2021. Activity in the fund for the second
quarter represents revenues for billings for one remaining customer, while expenses reflect costs
paid for solid waste services and the purchase of waste receptacles in the downtown area.
Storm Water
Expenses for the Storm Water operation reflect a decrease from the prior year quarter end. The
decrease is the result of storm water maintenance program costs incurred in the prior year. Revenues
reflect a modest increase due to an increase in rates for 2023.
Water
Page 32 of 154
Revenues for the Water Fund reflect an increase due to an increase in rates and increases in interest
income year to date and rental income from cell antenna leases. Expenses for the operation have
increased slightly due to increased chemical, repair and maintenance and contractual service costs.
Street Light
Operating results for the Street Light Fund have increased due to decreased electrical costs as
compared to the prior year.
For all of the City's utility funds, the billing cycle (revenue) lags the recording of expenses. For
example, the City bills every three months. The January billing includes November and December of
the previous year, as well as January of the current year. So, two-thirds of that billing cycle is
attributable to the prior year and is recorded as such in the financial statements. This means that at
the end of the year this year, the financial statements will remain open so that the revenues for the
current year can be captured, even though they will not be billed out until January and February of
the following year.
BUDGET IMPACT:
The budget impacts have been noted above as appropriate.
Review and acknowledge the financial reports for the second quarter June 30, 2023.
Page 33 of 154
CITY OF FARMINGTON
FINANCE DIVISION
MONTHLY FINANCIAL REPORT
June 30, 2023
STATEMENT OF REVENUES - BUDGET TO ACTUAL
Taxes
Business Licenses
Building Permits
Fines and Forfeits
Intergovernmental:
Local Government Aid
Law Officers Training
Reimbursement
MSA Maintenance
State Aid Police/Fire
Grants -Federal
Other Grants
Charges for Services:
General government
Public Safety
Public Works
Park and Recreation
Miscellaneous Revenues
Investment Income
Rental Income
Franchise Fees
Other
Transfers
Total
THIS
2023 YEAR
2022 YEAR
DIFFERENCE
PERCENT
BUDGET
MONTH
TO DATE
TO DATE
UNDER(OVER)
COLLECTED
$ 13,087,930
$ 6,897,472
$ 6,897,472
$ 6,295,438
$ 6,190,458
52.70%
43,350
355
29,470
29,908
13,880
67.98%
872,120
55,490
257,266
422,440
614,854
29.50%
55,000
5,072
27,009
28,291
27,991
49.11%
-
-
-
-
-
0.00%
25,000
-
-
-
25,000
0.00%
185,400
-
128,696
185,399
56,704
69.42%
400,000
-
4,000
2,000
396,000
1.00%
3,100
267
2,620
3,942
480
84.52%
9,820
11,163
16,218
24,604
(6,398)
165.15%
11,650
545
3,405
14,454
8,245
29.23%
346,169
48,394
98,675
94,971
247,494
28.50%
14,000
38,186
43,361
74,957
(29,361)
309.72%
89,100
15,883
57,853
46,517
31,247
64.93%
51,000
13,642
80,570
22,068
(29,570)
157.98%
36,710
5,341
24,477
20,023
12,233
66.68%
145,000
-
47,771
49,953
97,229
32.95%
11,700
8,876
21,887
27,173
(10,187)
187.07%
1,497,734
124,811
748,867
713,929
748,867
50.00%
$ 16,884,783
$ 7,225,497 $
8,489,617 $
8,056,067 $
8,395,166
50.28%
Cash Balance as of June 30, 2023 $6,922,572.
Page 34 of 154
CITY OF FARMINGTON
MONTHLY FINANCIAL REPORT
June 30, 2023
GENERAL FUND
STATEMENT OF EXPENDITURES - BUDGET TO ACTUAL
UNEXPENDED
PERCENT
DEPARTMENT/DIVISION
BUDGET
YEAR TO DATE
BALANCE
EXPENDED
ADMINISTRATION
Legislative
$
110,262
$
45,863
$
64,399
41.59%
Administration
528,826
234,207
294,619
44.29%
Elections
10,000
2,802
7,198
28.02%
Communications
134,785
50,925
83,860
37.78%
City Hall
375,650
220,822
154,828
58.78%
Total
$
1,159,523
$
554,619
604,904
47.83%
HUMAN RESOURCES
Human Resources
$
401,235
$
248,005
$
153,230
61.81%
Total
$
401,235
$
248,005
153,230
61.81%
DAKOTA BROADBAND
Dakota Broadband
$
45,500
$
-
$
45,500
0.00%
Total
$
45,500
$
-
$
45,500
0.00%
FINANCE AND RISK MANAGEMENT
Finance
$
658,857
$
332,540
$
326,317
50.47%
Risk Management
189,550
104,325
85,225
55.04%
Total
$
848,407
$
436,865
$
411,542
51.49%
POLICE
Police Administration
$
1,382,034
$
699,825
$
682,209
50.64%
Patrol Services
3,228,428
1,575,741
1,652,687
48.81%
Investigations
1,032,707
441,457
591,250
42.75%
Emergency Management
21,400
4,216
17,184
19.70%
Total
$
5,664,569
$
2,721,239
$
2,943,330
48.04%
FIRE
Fire
$
1,742,006
$
699,879
$
1,042,127
40.18%
Total
$
1,742,006
$
699,879
$
1,042,127
40.18%
COMMUNITY DEVELOPMENT
Planning
$
554,687
$
230,546
$
324,141
41.56%
Building Inspections
636,868
314,961
321,907
49.45%
Total
$
1,191,555
$
545,507
$
646,048
45.78%
ENGINEERING
Engineering
$
720,613
$
318,624
$
401,989
44.22%
Natural Resources
142,284
70,174
72,110
49.32%
Total
$
862,897
$
388,798
$
474,099
45.06%
MUNICIPAL SERVICES
Streets
$
1,436,409
$
639,160
$
797,249
44.50%
Snow Removal
280,165
178,765
101,400
63.81%
Total
$
1,716,574
$
817,925
$
898,649
47.65%
RECREATION SERVICES
Park Maintenance
$
979,476
$
520,653
$
458,823
53.16%
Rambling River Center
204,199
101,605
102,594
49.76%
Park & Recreation Admin
210,945
107,865
103,080
51.13%
Recreation Programs
215,875
82,717
133,158
38.32%
Total
$
1,610,495
$
812,840
$
797,655
50.47%
Transfers Out
$
1,642,022
$
821,011
$
821,011
50.00%
TOTAL GENERAL FUND
$
16,884,783
$
8,046,688
$
8,838,095
47.66%
Page 35 of 154
CITY OF FARMINGTON
MONTHLY FINANCIAL REPORT
June 30, 2023
ECONOMIC DEVELOPMENT AGENCY
COMPARATIVE STATEMENT
OF REVENUES AND EXPENSES
BUDGET
THIS
YEAR TO
YEAR TO
PERCENT
2022
2023
MONTH
DATE 2023
DATE 2022
COLL/EXP
ACTUAL
REVENUES
Interest (Charge)
1,600
532
2,882
1,349
180.13%
(6,627)
Total Revenues
1,600
532
2,882
1,349
180.13%
(6,627)
EXPENDITURES
Other Services & Charges
81,510
2,470
38,147
19,519
46.80%
40,600
TOTAL EXPENDITURES
81,510
2,470
38,147
19,519
46.80%
40,600
TRANSFERS
50,000
41,136
61,969
69,367
94,367
EXCESS (DEFICIENCY)
$ (29,910)
$ 39,198
$ 26,704
$ 51,197
$ 47,140
Cash Balance as of June 30, 2023 $240,693.
Page 36 of 154
CITY OF FARMINGTON
MONTHLY FINANCIAL REPORT
June 30, 2023
PARKIMPROVEMENTFUND
COMPARATIVE STATEMENT
OF REVENUES AND EXPENSES
BUDGET
REVENUES
Park Dedication Fees
Park Development Fees
Rental Income
Miscellaneous Revenue
Interest (Charge)
Total Revenues
EXPENDITURES
Other Services & Charges
Capital Outlay
Transfers
EXCESS (DEFICIENCY)
THIS YEAR TO YEAR TO PERCENT 2022
MONTH DATE 2023 DATE 2022 COLL/EXP ACTUAL
$ 75,000 $ 67,500
- 23,174
8,560 1,000
4,000 2,812
$ 67,500
$ 210,000
23,174
96,880
8,560
7,402
1,175
-
15,940
5,964
90.00% $ 210,000
0.00%
96,880
100.00%
8,403
0.00%
-
398.50%
(36,375)
132.88%
278,908
352,000 15,055
34,187 10,889
9.71%
19,593
10,250 -
1,175 -
0.00%
10,250
362,250 15,055
35,362 10,889
9.76%
29,843
100,000
8,333
50,000
37,500
$ (174,690)
$ 87,764
$ 130,987
$ 346,857
Cash Balance as of June 30, 2023 $1,456,456.
75,000
$ 324,065
Page 37 of 154
ICE ARENA
COMPARATIVE STATEMENT
OF REVENUES AND EXPENSES
BUDGET
2023
REVENUES
User Fees
Interest
Other Revenue
Total Revenues
Cost of Sales
TOTAL REVENUES
EXPENDITURES
Personal Services
Other Services & Charges
Capital Outlay
TOTAL EXPENDITURES
TRANSFERS
EXCESS (DEFICIENCY)
CITY OF FARMINGTON
MONTHLY FINANCIAL REPORT
June 30, 2023
THIS YEAR TO YEAR TO PERCENT 2022
MONTH DATE 2023 DATE 2022 COLL/EXP ACTUAL
$ 426,000
$ 22,944
$ 164,886
$ 148,768
400
128
535
346
8,500
10,117
16,655
6,361
434,900
33,189
182,076
155,475
-
-
(252)
-
434,900
33,189
181,824
155,475
38.71 % $ 384,814
133.75%
386
195.94%
11,360
41.87%
396,560
0.00%
(1,198)
41.81 %
395,362
298,881
18,760
139,857
124,963
46.79%
267,957
153,226
21,016
109,512
69,154
71.47%
161,655
1,000
14,300
14,418
-
1441.80%
-
453,107
54,076
263,787
194,117
58.22%
429,612
-
80,243
80,243
-
14,500
$ (18,207)
$ 59,356
$ (1,720)
(38,642)
$ (19,750)
Cash Balance as of June 30, 2023 $66,104.
Page 38 of 154
CITY OF FARMINGTON
MUNICIPAL LIQUOR OPERATIONS
June 30, 2023
SALES 2023
2022
$ Difference
% Difference
COST OF GOODS SOLD
GROSS PROFIT
% OF GROSS PROFIT
TO SALES
OPERATING EXPENSES:
Personnel Services & Supplies
Other Services & Charges
Depreciation
TOTAL
Operating Income
Other Income (Loss)
INCOME BEFORE TRANSFERS
Profit as a % of Sales
Operating Transfers (Out)
NET INCOME
Cash Balance as of June 30, 2023
Operating Cash (Pots 1 & 2)
Community Projects (Pot 3)
Capital Improvements (Pot 4)
Petty Cash
DOWNTOWN
PILOT KNOB
TOTAL
YEAR TO DATE
YEAR TO DATE
YEAR TO DATE
$ 1,468,804
$ 1,693,256
$ 3,162,060
1,346,083
1,604,506
2,950,589
122,721
88,750
211,471
9.12%
5.53%
7.17%
1,096,974
1,260,561
2,357,535
371,830
432,695
804,525
25.32%
25.55%
25.44%
173,976
142,901
316,877
86,927
85,137
172,064
10,500
625
11,125
271,403
228,663
500,066
100,427
204,032
304,459
12,346
10,304
22,650
112,773
214,336
327,109
9.63%
(48,782)
(48,782)
(97,564)
$ 63,991
$ 165,554
$ 229,545
$ 660,519
389,328
826,231
3,502
$ 1,879,580
Page 39 of 154
CITY OF FARMINGTON
MONTHLY FINANCIAL REPORT
June 30, 2023
SEWER FUND
COMPARATIVE STATEMENT
OF REVENUES AND EXPENSES
BUDGET THIS YEAR TO YEAR TO PERCENT 2022
2023 MONTH DATE 2023 DATE 2022 COLL/EXP ACTUAL
REVENUES
Charges for Service* $ 2,674,762 $ 501,221 1,334,807 $ 1,130,257 49.90% $ 2,607,594
Interest 14,200 4,539 26,566 11,966 187.08% (67,170)
Other Revenue - - 47 - 0.00% 3,608
TOTAL REVENUES 2,688,962 505,760 1,361,420 1,142,223 50.63% 2,544,032
EXPENSES
Personnel Services
13,038
275
403
847
3.09%
1,266
Other Services & Charges
717,171
12,338
92,995
82,464
12.97%
156,912
MCES Charges **
1,994,927
166,244
997,464
894,512
50.00%
1,789,024
Depreciation
690,000
57,500
345,000
330,972
50.00%
659,086
TOTAL EXPENSES
3,415,136
236,357
1,435,862
1,308,795
42.04%
2,606,288
TRANSFERS
(999,055)
(29,588)
(177,527)
(414,369)
(585,838)
EXCESS (DEFICIENCY)
$(1,725,229)
$ 239,815
$ (251,969)
$ (580,941)
$ (648,094)
FOOTNOTES:
* Charges for Services are not collected on an even flow basis during the year due to the accrual of
revenues year end. Wastewater sales for October, November, and December are not billed until the
subsequent year, but are accrued at year end.
** MCES wastewater charges are made on an annual and monthly basis. The budgeted amount is
anticipated as the total expenditure in 2023.
Cash Balance as of June 30, 2023 $2,350,656.
Page 40 of 154
SOLID WASTE FUND
COMPARATIVE STATEMENT
OF REVENUES AND EXPENSES
REVENUES
Charges for Services*
Intergovernmental
Interest (Charge)
Other Revenue
TOTAL REVENUES
Personnel Services
Other Services & Charges
Depreciation
TOTAL EXPENSES
TRANSFERS
EXCESS (DEFICIENCY)
CITY OF FARMINGTON
MONTHLY FINANCIAL REPORT
June 30, 2023
BUDGET THIS YEAR TO YEAR TO PERCENT 2022
2023 MONTH DATE 2023 DATE 2022 COLL/EXP ACTUAL
$ - $ 2,924 $ 7,681 $ 17,326 #DIV/0! $ 21,746
- - - - 0.00% 22,554
12,000 3,426 21,046 11,602 175.38% (46,858)
- - - 481,385 0.00% 487,130
12,000 6,350 28,727 510,313 239.39% 484,572
-
-
-
66,143
#DIV/0! (238,788)
10,000
2,158
51,070
885,437
510.70% 924,882
-
-
-
7,999
#DIV/O! -
10,000
2,158
51,070
959,579
510.70% 686,094
(150,000)
(12,500)
(75,000)
(78,000)
(155,999)
$ (148,000)
$ (8,308)
$ (97,343)
$ (527,266)
$ (357,521)
* Charges for Services are not collected on an even flow basis during the year due to the accrual of
revenues year end. Solid Waste sales for October, November, and December are not billed until the
subsequent year, but are accrued at year end.
Cash Balance as of June 30, 2023 $1,774,019.
Page 41 of 154
STORM WATER FUND
COMPARATIVE STATEMENT
OF REVENUES AND EXPENSES
REVENUES
Charges for Services*
Interest (Charge)
Other
TOTAL REVENUES
EXPENSES
Personnel Services
Other Services & Charges
Depreciation
TOTAL EXPENSES
TRANSFERS
EXCESS (DEFICIENCY)
CITY OF FARMINGTON
MONTHLY FINANCE REPORT
June 30, 2023
BUDGET THIS YEAR TO YEAR TO PERCENT 2022
2023 MONTH DATE 2023 DATE 2022 COLL/EXF ACTUAL
$ 1,323,263 $ 205,017 $ 589,300
10,100 4,838 27,998
$ 558,360
11,841
9,227
-
140
643
160,689
10,582
74,610
183,317
475,000
39,583
237,500
229,266
644,916
50,165
312,250
413,226
(901,654)
(35,971)
(215,827)
(818,526)
$ (213,207) $ 123,719 $ 89,259 $ (661,551)
44.53% $ 1,227,091
0.00% (58,734)
0.00% -
46.30% 1,168,357
1.52%
780
46.43%
255,507
50.00%
462,938
48.42%
719,225
(1,026,052)
$ (576,920)
* Charges for Services are not collected on an even flow basis during the year due to the accrual of
revenues year end. Storm Water sales for October, November, and December are not billed until the
subsequent year, but are accrued at year end.
Cash Balance as of June 30, 2023 $2,505,139.
Page 42 of 154
CITY OF FARMINGTON
MONTHLY FINANCIAL REPORT
June 30, 2023
WATER FUND
COMPARATIVE STATEMENT
OF REVENUES AND EXPENSES
BUDGET THIS YEAR TO YEAR TO PERCENT 2022
2023 MONTH DATE 2023 DATE 2022 COLL/EXP ACTUAL
REVENUES
Charges for Service*
$ 2,326,548
$ 205,890
$ 668,232
$ 614,223
28.72%
$ 2,238,210
Interest (Charge)
50,200
21,635
129,330
57,319
257.63%
(298,496)
Rental Income
275,000
37,935
212,532
196,925
77.28%
295,012
Other Revenue
-
-
1,503
750
0.00%
5,787
TOTAL REVENUES
2,651,748
265,460
1,011,597
869,217
38.15%
2,240,513
EXPENSES
Personnel Services
20,536
2,468
4,879
2,534
Other Services & Charges
745,858
71,648
388,224
340,931
Debt Service
23,175
-
12,400
14,025
Depreciation
1,050,000
87,500
525,000
519,443
TOTAL EXPENSES
1,839,569
161,616
930,503
876,933
TRANSFERS
(1,620,899)
(38,992)
(233,949)
(1,140,752)
EXCESS (DEFICIENCY)
$ (808,720)
$ 64,852
$ (152,855)
$ (1,148,468)
FOOTNOTES:
23.76% 8,540
52.05% 797,369
0.00% 15,164
50.00% 993,281
50.58% 1,814,354
(1,365,703)
$ (939,544)
* Charges for services are not collected on an even flow basis during the year due to the accrual of
revenues at year end. Water sales for October, November, and December may not be billed until
the subsequent year, but are accrued at year end.
Cash Balance as of June 30, 2023
Operating $ 6,632,960
Water Treatment Plant 2,461,488
$ 9,094,448
Page 43 Of 154
STREET LIGHT FUND
COMPARATIVE STATEMENT
OF REVENUES AND EXPENSES
BUDGET
REVENUES
CITY OF FARMINGTON
MONTHLY FINANCIAL REPORT
June 30, 2023
THIS YEAR TO YEAR TO PERCENT 2022
MONTH DATE 2023 DATE 2022 COLL/EXP ACTUAL
Charges for Services*
$ 227,000
$ 23,184
$ 100,721
$ 98,891
Interest (Charge)
1,400
679
4,037
1,761
Other Revenue
-
-
-
-
TOTAL REVENUES
228,400
23,863
104,758
100,652
EXPENSES
Other Services & Charges
217,000
8,640
93,794
104,528
TOTAL EXPENSES
217,000
8,640
93,794
104,528
EXCESS (DEFICIENCY)
$ 11,400
$ 15,223
$ 10,964
$ (3,876)
44.37%
$ 233,899
288.36%
(9,529)
0.00%
2,218
45.87%
226.588
43.22% 210,174
43.22% 210,174
$ 16,414
* Charges for services are not collected on an even flow basis during the year due to the accrual of
revenues at year end. Street Light sales for October, November, and December may not be billed until
the subsequent year, but are accrued at year end.
Cash Balance as of June 30, 2023 $351,614.
Page 44 of 154
FARMINGTON
To:
From:
Department:
Subject:
Meeting:
1'," 430 Tt"Od St, Farmington, MN 550-2-4
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REGULAR COUNCIL AGENDA MEMO
Mayor, Councilmembers and City Administrator
Julie Flaten, Asst City Admin/HR Director
HR
Staff Changes and Recommendations
Regular Council - Aug 07 2023
Approve the appointment of a seasonal Skate Instructor and a seasonal Public Works employee.
Jenna Schneider has been selected to be seasonal Skate Instructor and Bryce Aguillar has been
selected to be a seasonal Public Works employee. Bryce's appointment is contingent on the
completion of pre -employment items.
Wages are included in the 2024 budget.
Approve the appointment of Jenna Schneider as a seasonal Skate Instructor and Bryce Aguillar as a
seasonal Public Works employee.
Page 45 of 154
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REGULAR COUNCIL AGENDA MEMO
To: Mayor, Councilmembers and City Administrator
From: Kellee Omlid, Parks & Recreation Director
Department: Parks & Recreation
Subject: Agreement for Flagstaff Meadows Park Trail Construction Project
Meeting: Regular Council - Aug 07 2023
The City Council approved master plan identified pedestrian and bike facilities to be constructed in
Flagstaff Meadows Park.
The work involved with the project includes constructing 8-foot-wide bituminous trail that connects to
the shade structure and playground equipment and segments that connect to existing trail in Flagstaff
Meadows Park. Connecting the new trail segments with existing trail will provide two walking loops
within the park. A map showing the locations (in red) of the trail construction project is attached.
Staff solicited quotes from 14 paving contractors for the trail construction project. Five (5) contractors
submitted quotes for the project. A tabulation showing the quotes submitted is attached. The low
quote was submitted by McNamara Contracting, Inc., Rosemount, Minnesota. The amount quoted
was $57,325.
The City Attorney reviewed the attached Agreement and found it to be acceptable.
The construction of the trails will be paid for through the Park Improvement Fund.
Approve the attached agreement with McNamara Contracting, Inc. in the amount of $57,325 for
construction of trails in Flagstaff Meadows Park.
Page 46 of 154
Page 47 of 154
2023 Flagstaff Meadows Park
Trail Construction Project Quote Tabulation Form
Name of Contractor
Quote Submitted
McNamara Contracting, Inc
$57,325.00
Bituminous Roadways, Inc
$68,233.00
TruSeal America, LLC
$69,000.00
Minnesota Roadways Company
$97,657.00
FPI Paving Contractors, Inc
Quote Rejected - Bidding Error
Page 48 of 154
AGREEMENT
AGREEMENT made this day of , 2023, between the
CITY OF FARMINGTON, a Minnesota municipal corporation ("City"), and McNAMARA
CONTRACTING, INC., a Minnesota limited liability corporation ("Contractor").
IN CONSIDERATION OF THE MUTUAL UNDERTAKINGS HEREIN CONTAINED,
THE PARTIES AGREE AS FOLLOWS:
1. CONTRACT DOCUMENTS. The following documents shall be referred to as the
"Contract Documents", all of which shall be taken together as a whole as the contract between the
parties as if they were set verbatim and in full herein:
A. This Agreement
B. Contractor Proposal submitted on July 14, 2023, attached as Exhibit "A."
In the event of conflict among the provisions of the Contract Documents, the order in which they are
listed above shall control in resolving any such conflicts with Contract Document "A" having the first
priority and Contract Document "B" having the last priority.
2. OBLIGATIONS OF THE CONTRACTOR. The Contractor shall provide the
goods, services, and perform the work in accordance with the Contract Documents and in compliance
with federal, state, and local laws.
3. OBLIGATIONS OF THE CITY. The City shall pay the Contractor in accordance
with the bid and inclusive of sales tax.
4. SOFTWARE LICENSE. If the equipment provided by the Contractor pursuant to
this Contract contains software, including that which the manufacturer may have embedded into the
hardware as an integral part of the equipment, the Contractor shall pay all software licensing fees. The
Contractor shall also pay for all software updating fees for a period of one year following cutover. The
Contractor shall have no obligation to pay for such fees thereafter. Nothing in the software license or
licensing agreement shall obligate the City to pay any additional fees as a condition for continuing to
use the software.
5. ASSIGNMENT. Neither party may assign, sublet, or transfer any interest or
obligation in this Contract without the prior written consent of the other party, and then only upon such
terms and conditions as both parties may agree to and set forth in writing.
6. TIME OF PERFORMANCE. The Contractor shall complete its obligations for the
project on or before October 31, 2023.
Page 49 of 154
7. PAYMENT.
a. When the obligations of the Contractor have been fulfilled, inspected, and accepted, the
City shall pay the Contractor an amount not to exceed $57,325. Such payment shall be made not later
than thirty (30) days after completion, certification thereof, and invoicing by the Contractor.
b. No final payment shall be made under this Contract until. Contractor has satisfactorily
established compliance with the provisions of Minn. Stat. Section 290.92. A certificate of the
commissioner shall satisfy this requirement with respect to the Contractor or any subcontractor.
8. CONTRACTOR'S REPRESENTATIONS.
a. Contractor has examined and carefully studied the Contract Documents and other
related data identified in the contract documents.
b. Contractor has visited the site and become familiar with and is satisfied to the general,
local, and Site conditions that may affect cost, progress, and performance of the work.
C. Contractor is familiar with and is satisfied as to all federal, state, and local laws and
regulations that may affect cost, progress, and performance of the work.
d. Contractor has obtained and carefully studied (or assumes responsibility for doing so)
all additional or supplementary examinations, investigations, explorations, tests, studies,
and data concerning conditions at or contiguous to the site which may affect cost, progress,
or performance of the work or which relate to any aspect of the means, methods,
techniques, sequences, and procedures of construction to be employed by Contractor,
including any specific means, methods, techniques, sequences, and procedures of
construction expressly required by the Bidding Documents, and safety precautions and
programs incident thereto.
e. Contractor does not consider that any further examinations, investigations, explorations,
tests, studies, or data are necessary for the performance of the work at the Contract price,
within the time of performance, and in accordance with the other terms and conditions of
the Contract Documents.
f. Contractor has correlated the information known to Contractor, information and
observations obtained from visits to the Site, reports and drawings identified in the Contract
Documents, and all additional examinations, investigations, explorations, tests, studies, and
data with the Contract Documents.
g. The Contract Documents are generally sufficient to indicate and convey understanding
of all terms and conditions for performance and furnishing of the work.
9. EXTRA SERVICES. No claim will be honored for compensation for extra services or
beyond the scope of this Agreement or the not -to -exceed price for the services identified in the
2
Page 50 of 154
proposal without written submittal by the Contractor, and approval of an amendment by the City, with
specific estimates of type, time, and maximum costs, prior to commencement of the work.
10. PROMPT PAYMENT TO SUBCONTRACTORS. Pursuant to Minnesota Statute
471.25, Subdivision 4a, the Contractor must pay any subcontractor within ten (10) days of the
Contractor's receipt of payment from the City for undisputed services provided by the subcontractor.
The Contractor must pay interest of one and one-half percent (11/2 %) per month or any part of a month
to subcontractor on any undisputed amount not paid on time to the subcontractor. The minimum
monthly interest penalty payment for an unpaid balance of $100.00 or more is $10.00. For an unpaid
balance of less than $100.00, the Contractor shall pay the actual penalty due to the subcontractor. A
subcontractor who prevails in a civil action to collect interest penalties from the Contractor shall be
awarded its costs and disbursements, including attorney's fees, incurred in bringing the action.
11. INSURANCE REQUIREMENTS.
The Contractor, at is expense, shall procure and maintain in force for the duration of this Agreement
the following minimum insurance coverages:
a. General Liability. The Contractor agrees to maintain Commercial General Liability
insurance in a minimum amount of $1,000,000 per occurrence; $2,000,000 annual.
aggregate. The policy shall cover liability arising from premises, operations,
products -completed operations, personal injury, advertising injury, and contractually
assumed liability. The City shall be endorsed as additional insured.
b. Automobile Liability. If the Contractor operates a motor vehicle in performing the
Services under this Agreement, the Contractor shall maintain commercial automobile
liability insurance, including owned, hired, and non -owned automobiles, with a minimum
liability limit of $1,000,000, combined single limit.
C. Workers' Compensation. The Contractor agrees to provide Workers' Compensation
insurance for all its employees in accordance with the statutory requirements of the State of
Minnesota. The Contractor shall also carry Employers' Liability Coverage with minimum.
limits are as follows:
• $500,000 — Bodily Injury by Disease per employee
• $500,000 — Bodily Injury by Disease aggregate
• $500,000 — Bodily Injury by Accident
The Contractor shall, prior to commencing the Services, deliver to the City a Certificate of
Insurance as evidence that the above coverages are in full force and effect.
The insurance requirements may be met through any combination of primary and umbrella/excess
insurance.
The Contractor's policies shall be primary insurance to any other valid and collectible insurance
available to the City with respect to any claim arising out of Contractor's performance under this
Agreement.
Page 51 of 154
The Contractor's policies and Certificate of Insurance shall contain a provision that coverage
afforded under the policies shall not be cancelled without at least thirty (30) days' advanced written
notice to the City.
1.2. MINNESOTA GOVERNMENT DATA PRACTICES ACT. Contractor must
comply with the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13, as it
applies to (1) all data provided by the City pursuant to this Agreement, and (2) all data, created,
collected, received, stored, used, maintained, or disseminated by Contractor pursuant to this
Agreement. Contractor is subject to all the provisions of the Minnesota Government Data Practices
Act, including but not limited to the civil remedies of Minnesota Statutes Section 13.08, as if it were a
government entity. In the event Contractor receives a request to release data, Contractor must
immediately notify City. City will give Contractor instructions concerning the release of the data to the
requesting party before the data is released. Contractor agrees to defend, indemnify, and hold City, its
officials, officers, agents, employees, and volunteers harmless from any claims resulting from
Contractor's officers', agents', city's, partners', employees', volunteers', assignees' or subcontractors'
unlawful disclosure and/or use of protected data. The terms of this paragraph shall survive the
cancellation or termination of this Agreement.
13. RECORDS. Contractor shall maintain complete and accurate records of expenses
involved in the performance of services.
14. WARRANTY. The Contractor guarantees that all new equipment warranties as
specified within the bid shall be in full force and transferred to the City upon payment by the City. The
Contractor shall be held responsible for any and all defects in workmanship, materials, and equipment
which may develop in any part of the contracted service, and upon proper notification by the City shall
immediately replace, without cost to the City, any such faulty part or parts and damage done by reason
of the same in accordance with the bid specifications. The Contractor further warrants to the City that
all goods and services furnished under the Contract will be in conformance with Contract Documents
and that the goods are of merchantable quality and are fit for the use for which they are sold. This
warranty is in addition to any manufacturer's standard warranty, and any warranty provided by law.
15. NONDISCRIMINATION. All Contractors and subcontractors employed shall
comply with all applicable provisions of all federal, state and municipal laws which prohibit
discrimination in employment to members of a protected class and all rules and regulations,
promulgated and adopted pursuant thereto. The Contractor will include a similar provision in all
subcontracts entered into for the performance of this contract.
16. INDEMNITY. The Contractor agrees to defend, hold harmless, and indemnify the
City, its officers, agents, and employees, for and against any and all claims, demands, actions, or
causes of action, of whatever nature or character, arising from the Consultant's performance of work
or services provided for herein. The Contractor shall take all reasonable precautions for the safety of
all its employees on the site and shall provide reasonable protection to prevent damage or loss to the
property on the site or properties adjacent thereto and to work, materials and equipment under the
Contractor's control.
4
Page 52 of 154
17. WAIVER. In the particular event that either party shall at any time or times waive any
breach of this Contract by the other, such waiver shall not constitute a waiver of any other or any
succeeding breach of this Contract by either party, whether of the same or any other covenant,
condition, or obligation.
18. GOVERNING LAW. The laws of the State of Minnesota govern the interpretation of
this Contract.
1.9. SEVERABILITY. If any provision, term, or condition of this Contract is found to be
or become unenforceable or invalid, it shall not effect the remaining provisions, terms, and conditions
of this Contract, unless such invalid or unenforceable provision, term, or condition renders this
Contract impossible to perform. Such remaining terms and conditions of the Contract shall continue in
full force and effect and shall continue to operate as the parties' entire contract.
20. ENTIRE AGREEMENT. This Contract represents the entire agreement of the parties
and is a final, complete, and all-inclusive statement of the terms thereof, and supersedes and terminates
any prior agreement(s), understandings, or written or verbal representations made between the parties
with respect thereto.
21. TERMINATION. This Agreement may be terminated by the City for any reason or
for convenience upon written notice to the Contractor. In the event of termination, the City shall be
obligated to the Contractor for payment of amounts due and owing for materials provided or for
services performed or furnished to the date and time of termination.
Dated: . 2023
Dated: July 19 .2023
CITY OF FARMINGTON
12
Joshua Hoyt, Mayor
Shirley R Buecklser, City Clerk
CONTRACTOR:
McNAMARA CONTRACTING, INC.
Its: President
5
Page 53 of 154
r
j 43o Thirei St., Farmington, MN 55024
FARMINGTON 651-280®6Eoo
FarrmingtonMN.gov
�Pd tnivjtrfrtrr,tj`". �
2023 Flatistaff Meadows Park Trail Construction Project
Proposal Submittal For
The deadline to submit your project quote is Friday, July 14, 2023 on or before 10:00 a.m.
ComnanY Information:
The undersigned, being familiar with local conditions, having made the field inspections and investigations
deemed necessary, having studied the specifications for the work and being familiar with all factors and other
conditions affecting the work and costs thereof, hereby propose to furnish all labor, tools; materials, skills,
equipment and all else necessary to completely construct the project in accordance with the specifications
identified previously.
Please provide in the space that follows, your company's information.
Name of Company Submitting Bid: x, i- :. m
Contact Person:
Address: f ci cam i 1 4 :�
Work Phone Number: r
Email Address: U t %A ct c.o'gr
Date Quote Submitted: f / ✓� "
I. PROPOSAL
Main Items Unit Qty. Unit Price - Totals
1. Mobilization LS 1 $� $;
2. Traffic Control LS 1 $ OUy
3. Erosion Control LS 1 $_1,000 $ [,0
4. Class 5 Aggregate Base Tons 275 $ $
(100% crushed limestone)
5. 3.5" SPWEA230B bituminous Tons 156 $ $'
wear course
6. Turf Restoration LS 1 $ 0 0$ a 6
Total Bid Including Sales Tax (1+2+3+4+5+6)
Page 54 of 154
FARMINGTON
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REGULAR COUNCIL AGENDA MEMO
To: Mayor, Councilmembers and City Administrator
From: Kellee Omlid, Parks & Recreation Director
Department: Parks & Recreation
Subject: Resolution Accepting Donation from Happy Harry's Furniture to the Rambling
River Center
Meeting: Regular Council - Aug 07 2023
A donation was recently made to the Rambling River Center (RRC) by Happy Harry's Furniture.
A donation in the amount of $108.90 was recently made by Happy Harry's Furniture to the RRC. The
donation was made through a program created in 2011 in which a customer of Happy Harry's
Furniture can select a charity of their choice to receive a donation when merchandise is purchased
from the store. Then 10% from the sale to the customer is donated to the charity. The RRC is one of
the charities that can be selected by customers.
With these donations, Happy Harry's Furniture has donated a total of $14,578.25 to the RRC since
the program's inception. This partnership with Happy Harry's Furniture has been very beneficial over
the long term given the funds that have been donated to the RRC.
The donation has been deposited into the RRC Capital Improvement Fund to fund future building
improvements and/or purchase new equipment and furniture.
Staff will communicate the City's appreciation on behalf of the City Council to Happy Harry's Furniture
for their generous donation to the RRC.
Adopt the attached resolution accepting the donation of $108.90 from Happy Harry's Furniture to the
RRC.
a
Page 55 of 154
CITY OF FARMINGTON
DAKOTA COUNTY, MINNESOTA
RESOLUTION NO. R52-23
A RESOLUTION ACCEPTING A DONATION
OF $1.08.90 FROM HAPPY HARRY'S FURNITURE
FOR THE RAMBLING RIVER CENTER
WHEREAS, the City of Farmington is generally authorized to accept donations of real
and personal property pursuant to Minnesota Statutes Section 465.03 for the benefit of its citizens
and is specifically authorized to accept gifts, as allowed by law.
; and
WHEREAS, the following persons and entities have offered to contribute to the City:
Happy Harry's Furniture has donated $108.90 to the Rambling River Center
WHEREAS, it is in the best interest of the City to accept this donation.
NOW, THEREFORE, BE IT RESOLVED that Mayor Hoyt and the Farmington City
Council hereby accept with gratitude the generous donation of $108.90 from Happy Harry's
Furniture to the Rambling River Center.
Adopted by the City Council of the City of Farmington, Minnesota, this 7t' day of August 2023.
Joshua Hoyt, Mayor
ATTEST:
Shirley R Buecksler, City Clerk
Page 56 of 154
FARMINGTON
1'," 430 Tt"Od St, Farmington, MN 550-2-4
Bril - 280, -6800
0 RarmingtonWgov
REGULAR COUNCIL AGENDA MEMO
To: Mayor, Councilmembers and City Administrator
From: Kellee Omlid, Parks & Recreation Director
Department: Parks & Recreation
Subject: Resolution Accepting Donation of Flowers for Downtown
Meeting: Regular Council - Aug 07 2023
Flowers for the downtown were donated by the Farmington Rotary.
The Farmington Rotary paid for the flowers in downtown. This includes 10 hanging baskets and four
(4) planters located on the intersection of Oak Street and Third Street. The value of the flowers is
$620.90.
Staff will communicate the City's appreciation on behalf of the City Council to the Farmington Rotary
for this generous donation.
Adopt Resolution No. R53-23 Accepting a Donation of Flowers for Downtown from the Farmington
Rotary, valued at $620.90.
Page 57 of 154
CITY OF FARMINGTON
DAKOTA COUNTY, MINNESOTA
RESOLUTION NO. R53-23
A RESOLUTION ACCEPTING A DONATION
OF FLOWERS FOR DOWNTOWN
FROM THE FARMINGTON ROTARY
WHEREAS, the City of Farmington is generally authorized to accept donations of real
and personal property pursuant to Minnesota Statutes Section 465.03 for the benefit of its citizens
and is specifically authorized to accept gifts, as allowed by law; and
WHEREAS, the following persons and entities have offered to contribute to the City:
Farmington Rotary has donated flowers for the downtown; and
WHEREAS, it is in the best interest of the city to accept this donation.
NOW, THEREFORE, BE IT RESOLVED that Mayor Hoyt and the Farmington City
Council hereby accept with gratitude the generous donation of flowers valued at $620.90 from the
Farmington Rotary.
Adopted by the City Council of the City of Farmington, Minnesota, this 7t' day of August 2023.
Joshua Hoyt, Mayor
ATTEST:
Shirley R Buecksler, City Clerk
Page 58 of 154
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REGULAR COUNCIL AGENDA MEMO
To: Mayor, Councilmembers and City Administrator
From: Tony Wippler, Planning Manager
Department: Community Development
Subject: Appeal of a Planning Commission Decision Regarding a Conditional Use Permit
for Expansion of a Charter School Within the B-2 Zoning District
Meeting: Regular Council - Aug 07 2023
Attached for Council's consideration is an appeal (Exhibit A) of a decision of the Zoning Board of
Adjustment (i.e., Planning Commission) regarding a Conditional Use Permit [CUP] to allow the
expansion of Great Oaks Academy Charter School at the property addressed as 115 Elm Street.
Section 10-3-10 of the city code allows for an appeal of a Planning Commission decision, provided
that the appeal is filed within 10 days of the decision. Code also requires that the City Council must
conduct a public hearing within 60 days after receipt of the appeal. Therefore, a public hearing for
this appeal must be held prior to August 19, 2023.
The appeal was submitted on June 20, 2023 by Mr. Paul McGlynn of Great Oaks Academy, the
applicant of the CUP.
The Planning Commission reviewed the application for the CUP for the above mentioned use at its
regular meeting on June 13, 2023. For Council's information and review, I have attached the Staff
report from the June 13th meeting (Exhibit B) outlining what was being proposed for the site. The
Staff recommendation to the Planning Commission was to approve the CUP request subject to six
conditions, those being:
1. An encroachment agreement must be executed to allow the construction of the fire lane within
the City's drainage and utility easement.
2. Additional safety precautions (i.e., bollards, fencing, etc.) must be installed along the outside
perimeter of the courtyard. An updated plan must be submitted to Staff for approval.
3. An access easement must be prepared and executed for the site access to First Street.
4. Westbound right turn lanes must be constructed at the intersections of Elm Street and First
Street and the school private access within two years of CUP approval. The turn lanes must
meet County approval.
5. The submission and approval of all building and fire permits as deemed necessary for the
expansion.
6. Sign permit shall be submitted and approved for any exterior signage to be placed on the
building or site.
The Planning Commission took two votes. The Commission voted 4-0 to approve the expansion into
the former @Bat space and denied the expansion on the east side of the site (including remodeling
Page 59 of 154
the strip center, and construction of a gymnasium and future High School) with a vote of 2-2. Great
Oaks Academy is appealing the denial of the expansion into the strip center and the addition of a
gymnasium and future high school at the subject site.
Below, for Council's information, is a timeline of events and actions taken regarding the applications
for the proposed use at the subject site:
• January 11, 2022 - Planning Commission granted a Conditional Use Permit to allow Great
Oaks Academy to occupy a portion of the former grocery store building located at 115 Elm
Street.
• February 10, 2023 - Great Oaks Academy applied for an amendment to the original CUP from
2022 to allow the expansion of the school at the 115 Elm Street location.
• March 14, 2023 - Planning Commission opened the public hearing and took testimony. The
Commission continued the public hearing to the April 11, 2023 regular meeting.
• April 11, 2023 - Planning Commission closed the public hearing and voted 4-0 to deny the
requested CUP. Planning Commission approved Findings of Fact which are attached as
Exhibit C. The applicant and/or property owner did not pursue an appeal to this decision.
• May 11, 2023 - Great Oaks Academy re -applied for an amendment to the original CUP from
2022 for expansion. This application included revised plans based on the discussion that had
previously happened at the Planning Commission meetings in March and April 2023.
• May 30, 2023 - A Special Planning Commission meeting was held at the request of Great
Oaks Academy. General discussion occurred regarding the site and use of the property. No
action was taken at this meeting.
• June 13, 2023 - Planning Commission opened the public hearing and took testimony. The
Planning Commission closed the public hearing and took two votes. The Commission voted
4-0 to approve the expansion into the former @Bat space and denied the expansion on the
east side of the site (including remodeling the strip center, and construction of a gymnasium
and future high school) with a vote of 2-2.
• June 20, 2023 - The City received an appeal of the Planning Commission decision from Great
Oak Academy. The submitted appeal is attached as Exhibit A.
• August 7, 2023 - Scheduled public hearing for Council consideration of appeal.
Not applicable
Hold the required public hearing. Upon closing the public hearing, Staff recommends that City Council
approve the appeal, thereby approving the requested CUP, with the conditions outlined in the
Planning Commission staff report and adopt by motion the attached Resolution for Approval.
ATTACHMENTS:
OCS- 227 22-v1-FOF RESL APPROVING GREAT OAKS CUP (EAST P P TY)
OCS- 22 4-v - OF R SL DENYING GREAT OAKS CUP (EAST PROPERTY)
Ex A GOA Appeal
Ex B 01323 Staff Report
Ex C Signed PC Findings of Fact
Special PC Minutes 5-30-3
PC Minutes 6-1-2
Page 60 of 154
CITY OF FARMINGTON
DAKOTA COUNTY, MINNESOTA
RESOLUTION NO. R55-23
RESOLUTION OF APPROVAL OF AN APPLICATION
FOR AN AMENDMENT TO A CONDITIONAL USE PERMIT
TO ENLARGE A PUBLIC CHARTER SCHOOL AT THE PROPERTY
LOCATED AT 11.5 ELM STREET, FARMINGTON, MINNESOTA
WHEREAS, the City Council for the City of Farmington is the official governing body of
the City of Farmington; and
WHEREAS, pursuant to Section 10-3-3 of the Farmington City Code, the Planning
Commission acts as the Zoning Board of Adjustment for the City of Farmington, and pursuant to
City Code Section 10-3-3(B), is empowered to "[h]ear and review all applications for conditional
use permits provided for within this [Title 10,] and grant approval based upon the criteria and
provisions Listed;" and
WHEREAS, on January 11, 2022, the Planning Commission approved a Conditional Use
Permit for a charter school use by Great Oaks Academy (the "2022 CUP"), for the property located
at 115 Elm Street, Farmington, which is legally described as follows:
Lot 3, Block 1, Farmington City Center 2nd Addition
(the "Property"); and
WHEREAS, Great Oaks Academy expects enrollment for grades Kindergarten through
seventh grade for the 2023-24 academic year to be 402 students served by 40 total staff, and
WHEREAS, the Property generally consists of two sections: a west section, which is
currently partially used by the charter school (the "West Section"), and an east section, which has
been a retail use (the `Bast Section"); and
WHEREAS, the Property is located in the B-2 Downtown Business zoning district; and
WHEREAS, pursuant to City Code Section 10-5-12(C)(2), a Conditional Use Permit is
required for public and parochial schools in the B-2 zoning district; and
WHEREAS, on May 11, 2023, Great Oaks Academy, as tenant of the Property, and
Wellington Management, Inc., as agent for Farmington 115 LLC, the fee owner of the Property
(collectively, the "Applicant"), submitted a land use application for an amendment to the 2022
CUP, to enlarge the charter school use within the West Section, and extend the charter school use
to the East Section (the "2023 Application"); and
Page 61 of 154
Resolution No. R55-23
Page 2 of 8
WHEREAS, as it relates to the enlarged use within the West Section, the 2023 Application
requested an enlarged use of the existing school through an interior renovation of a part of the
building that was previously used by another tenant, resulting in three additional classrooms; and
WHEREAS, as it relates to the enlarged use within the East Section, the 2023 Application
requested an enlarged use of the existing school through:
1. An interior renovation of another building on the Property that has been a retail use, to
add eight middle school classrooms, cafeteria, office space, science room, art room,
and restrooms;
2. A building addition to the north side of that same building to add a lobby area,
restrooms, storage areas, and approximately 5,264 square feet of gymnasium space;
3. Future construction of an addition consisting of approximately 20,000 square feet that
would be attached to the gymnasium addition and would be used as a high school;
4. The proposed future high school addition would include a bituminous fire lane that
would encroach on a public drainage and utility easement; and
5. Removal of portions of an existing parking lot on the west side of the proposed
gymnasium addition to create a courtyard and green space to serve both the West
Section and the East Section; and
WHEREAS, with the proposed enlarged use for the West Section, combined with the
proposed enlarged use for the East Section, Great Oaks Academy expects that total enrollment for
grades Kindergarten through 12 will be 840 students, served by 78 staff, by the 2030-31 academic
year; and
WHEREAS, on June 13, 2023, the Planning Commission, acting as the Zoning Board of
Adjustment, reviewed the 2023 Application and held a public hearing on the 2023 Application as
required by City Code Section 10-3-5(B); and
WHEREAS, following the review and public hearing on June 13, 2023, the Planning
Commission acting as the Zoning Board of Adjustment took two votes: a motion to approve
expansion of the conditional use within the West Section, with six conditions, was approved
unanimously; a motion to approve expansion of the condition use for a charter school to the East
Section failed on a 2-2 vote; and
WHEREAS, upon the failed motion, that part of the 2023 Application related to the East
Section was denied; and
WHEREAS, following such partial denial of the 2023 Application, the Applicant timely
appealed the decision to the City Council pursuant to City Code Section 10-3-10; and
WHEREAS, the City Council has reviewed the application; the recommendations of the
City staff; the analysis and decision of the Planning Commission; and the comments and written
statements submitted by the Applicant, as well as the testimony received from members of the
public during a properly noticed public hearing held on August 7, 2023.
Page 62 of 154
Resolution No. R55-23
Page 3 of 8
NOW, THEREFORE, BE IT RESOLVED that the City Council of Farmington,
Minnesota, based upon the City Council's consideration of all of the documents, including the
Updated Traffic Study from a third -party consultant, dated May 26, 2023, the City Code, 2040
Comprehensive Plan, and other applicable local or state law, the analysis, comments, and
testimony of the Applicant and other persons, in written or in -person testimony, and the analysis
and decision of the Planning Commission acting as the Zoning Board of Adjustment, regarding
the proposed enlargement of the 2022 CUP to the East Section, that part of the 2023 Application
for an amended conditional use permit is hereby APPROVED, based upon the following
findings:
FINDINGS OF FACT
1. The Recitals listed above, the analysis contained within staff and consultant memos and the
exhibits attached to the aforesaid memos, all minutes from the above -mentioned meetings of
the Planning Commission and the City Council, and any and all other materials distributed at
these meetings are hereby incorporated by reference.
2. The Property is located in the B-2 Downtown Business zoning district.
3. There is an existing Conditional Use Permit which allows for the operation of a public charter
school on only the West Section of the Property, as such West Section is defined above.
4. Total enrollment for the 2023-24 academic year at Great Oaks Academy on the West Section
for grades Kindergarten through seven is expected to be 402 students, served by 40 staff, and
would be expected to grow to 840 students in grades Kindergarten through 12, served by 78
staff, on the West and East Sections collectively, by the 2030-31 academic year.
5. The Property is currently accessed from First Street on the western boundary of the Property,
and from Elm Street via a private access easement on the east side of the building currently
used as Great Oaks Academy.
6. The Property is currently improved with 229 off-street parking stalls.
7. On May 11, 2023, the Applicant applied for an amendment to the existing Conditional Use
Permit to enlarge the public charter school use within the West Section, and to extend such use
into the East Section of the Property, as such East Section is defined above, to collectively
accommodate the proposed expansion of the Great Oaks Academy as described in the Recitals
above.
8. If all aspects of the 2023 Application were to be approved, access and traffic flow would
change dramatically, and approximately 68 off-street parking stalls would be removed from
the Property.
9. Pursuant to City Code Section 10-6-4(B), any newly established or enlarged existing use within
the B-2 Downtown Business District is exempt from the off-street parking requirements that
are generally applicable as a performance standard.
Page 63 of 154
Resolution No. R55-23
Page 4 of 8
10. Following a properly noticed public hearing on June 26, 2023, the Planning Commission,
acting as the Zoning Board of Adjustment, partially approved and partially denied the 2023
Application, as defined in the Recitals above.
11. Based on the decision of the Planning Commission approving that part of the 2023 Application,
the 2022 CUP, as defined in the Recitals above, is amended to allow the enlargement of the
conditional use within the West Section, with six conditions applicable to that enlargement.
12. The conditions on that approval are as follows:
A. An encroachment agreement must be executed to allow the construction of the fire lane
within the City's drainage and utility easement.
B. Additional safety precautions (e.g., bollards, fencing, etc.) must be installed along the
outside perimeter of the courtyard. An updated plan must be submitted to staff for
approval.
C. An access easement must be prepared and executed for the site access to First Street.
D. Westbound right turn lanes must be constructed at the intersections of Elm Street and First
Street and Elm Street and the school's private access within two years of the CUP approval.
The turn lanes must meet County approval.
E. The submission and approval of all building and fire permits as deemed necessary for the
expansion.
F. Sign permit shall be submitted and approved for any exterior signage to be placed on the
buildings or site.
13. No action is required by the City Council related to this approval for the West Section
expansion by the Planning Commission.
14. The decision of the Planning Commission denying that part of the 2023 Application related to
the enlargement of the conditional use on the East Section may be appealed to the City Council
pursuant to City Code Section 10-3-10 when filed within 10 days of the final decision of the
Zoning Board of Adjustment.
15. The Applicant timely filed its appeal of the denial on June 20, 2023.
16. The City Council held a properly noticed public hearing on the Applicant's appeal on
August 7, 2023, where all persons who wished to address the City Council on the proposed
enlarged use were given the opportunity to offer testimony to the City Council.
17. In addressing this appeal of denial of that part of the 2023 Application related to the East
Section, the City Council, acting in a quasi-judicial capacity, considered all of the documents,
including the Updated Traffic Study from a third -party consultant, dated May 26, 2023; the
City Code, 2040 Comprehensive Plan, and other applicable local or state law; the analysis,
comments, and testimony of the Applicant and other persons, in written or in -person testimony;
and the analysis and decision of the Planning Commission acting as the Zoning Board of
Adjustment, regarding the proposed enlargement of the 2022 CUP to the East Section.
Page 64 of 154
Resolution No. R55-23
Page 5 of 8
CONDITIONAL USE PERMIT ANALYSIS
Pursuant to City Code Section 10-3-5(C), a "conditional use shall be approved if it is found to
meet the following criteria:"
The proposed use conforms to the district permitted and conditional use provisions and all
general regulations of this title. [City Code Section 10-3-5(C)(1)]
Great Oaks Academy is a charter school, which "is a public school and is part of the state's
system ofpublic education. " (Minn. Stat. Section 124E.03, subd. 1.) Accordingly, the proposed
enlarged use is a conditional use specifically allowed in the B-2 Downtown Business District
pursuant to City Code Section 1-5-12(C).
2. The proposed use shall not involve any element or cause any conditions that may be dangerous,
injurious or noxious to any other property or persons and shall comply with the performance
standards listed below. [City Code Section 10-3-5(C)(2)]
No element of the proposed enlarged use within the East Section involves or will cause any
dangerous, injurious, or noxious condition to any other property or person. The proposed
enlarged use complies with the performance standards established in Title 10, Chapter 6 of
the City Code. Specifically, pursuant to City Code Section 10-6-4(B), any newly established
or enlarged existing use within the B-2 Downtown Business District is exempt from the off-
street parking requirements that are generally applicable as a performance standard.
3. The proposed use shall be constructed, designed, sited, oriented and landscaped to produce
harmonious relationship of buildings and grounds to adjacent buildings and properties. [City
Code Section 10-3-5(C)(3)]
Based on the testimony at the Planning Commission public hearing, on information contained
in the updated Traffic Study, and on the analysis of the Planning Commission, the proposed
enlarged use to include the West Section would produce a harmonious relationship with
buildings and grounds to adjacent buildings and properties.
4. The proposed use shall produce a total visual impression and environment which is consistent
with the environment of the neighborhood. [City Code Section 10-3-5(C)(4)]
Based on the testimony at the Planning Commission public hearing and on the analysis of the
Planning Commission, the proposed enlarged use to include the West Section would produce
a complete and total visual impression and environment and would be consistent with the
environment of the neighborhood.
5. The proposed use shall organize vehicular access and parking to minimize traffic congestion
in the neighborhood. [City Code Section 1.0-3-5(C)(5)]
The conditions suggested by City staff and contained in the updated traffic study are
reasonable and would adequately mitigate the negative traffic impacts on the surrounding
Page 65 of 154
Resolution No. R55-23
Page 6 of 8
neighborhood if the East Section expansion were permitted. Although Dakota County objects
to a second entrance to the Property given the proximity to railroad tracks and private access
easements are not necessarily perpetual, nevertheless the conditions will mitigate traffic to a
reasonable level.
6. The proposed use shall preserve the objectives of this title and shall be consistent with the
comprehensive plan. [City Code Section 10-3-5(C)(6)]
A. City Code Section 10-1-2(A)-(J) enumerates the objectives of Title 10 of the City Code.
Paragraphs (B)-(J) are not impacted by the proposed enlarged use on the East Property.
The proposed expansion to the East Section does protect and promote the health, safety
and general welfare of the community.
B. Pursuant to City Code Section 10-5-12(A), the purpose of the B-2 Downtown Business
District is as follows:
The B-2 Downtown Business District identifies a variety of general
commercial and higher density residential uses for the downtown area in
order to expand and strengthen the downtown as the primary commercial
district for the city, create a pedestrian friendly downtown, and promote the
city as a cultural center. Objectives of'this district are to preserve historical
buildings, require high design standards, and provide a diverse mix of
community oriented commercial and cultural activities that are pedestrian
oriented and accessible to area residents.
The proposed enlarged use for school purposes contributes to the cultural of the B-2
Downtown Business District.
7. All conditional uses shall comply with the requirements of this section. [City Code Section 10-
3-5(D)]
A. Fire prevention and fighting equipment acceptable to the board of fire underwriters shall
be readily available when any activity involving the handling or storage of flammable or
explosive material is carried on.
No handling or storage of flammable or explosive material will be carried on as part of
the proposed enlarged use on the East Section.
B. No activity shall cause electrical disturbance adversely affecting radio or other equipment
in the vicinity.
There will be no activity to have such effect as part of the proposed enlarged use on the
East Section.
Resolution No. R55-23
Page 7 of 8
C. Noise which is determined to be objectionable because of volume, frequency, or beat shall
be muffled or otherwise controlled, except for fire sirens and related apparatus used solely
for public purpose shall be exempt from this requirement.
The proposed enlarged use on the East Section does not include significant noise that is
expected to be objectionable.
D. Vibrations detectable without instruments on neighboring property in any district shall be
prohibited.
The proposed enlarged use on the West Section does not include any activity that will cause
vibrations of any kind.
E. No malodorous gas or matter shall be permitted which is discernible on any adjoining lot
or property.
The proposed enlarged use on the East Section will not produce any malodorous gas or
matter of any kind.
F. No pollution of air by fly ash, dust, smoke, vapors or other substance shall be permitted
which is harmful to health, animals, vegetation or other property.
The proposed enlarged use on the East Section will not produce any fly ash, dust, smoke,
vapors, or any other substance of any kind.
G. Lighting devices which produce objectionable direct lighting or reflect glare on adjoining
properties or thoroughfares shall not be permitted.
The proposed enlarged use on the East Section does not include any direct lighting or
reflective glare that will affect adjoining properties or thoroughfares in any way.
H. No erosion by wind or water shall be permitted which will carry objectionable substances
onto neighboring properties.
The proposed enlarged use on the East Section will not cause erosion by wind or water.
I. Water pollution shall be subject to the standards established by the Minnesota pollution
control agency.
The proposed enlarged use on the East Section will not produce water pollution.
Applications for conditional uses in the floodplain districts shall be accompanied by reports
from the city engineer on the materials required in 10-3-5(D)(10).
A small portion of the northwest corner of the Property is located within a floodplain
district. No part of the East Section is located in a floodplain district.
Page 67 of 154
Resolution No. R55-23
Page 8 of 8
CONCLUSION
Based upon the recitals, findings, and CUP Analysis set forth above, the City Council concludes
that enlarging the condition to use to the East Section does not serve to protect and promote the
public health, safety, and general welfare of the community. Accordingly, the City Council for
the City of Farmington hereby APPROVES that part of the 2023 Application for an amended
conditional use permit pursuant to City Code Section 10-5-12(C)(2) to allow the enlargement of
the public charter school use on the East Section of the Property with the following conditions:
1. An encroachment agreement must be executed to allow the construction of the fire
lane within the City's drainage and utility easement.
2. Additional safety precautions (e.g., bollards, fencing, etc.) must be installed along
the outside perimeter of the courtyard. An updated plan must be submitted to staff
for approval.
3. An access easement must be prepared and executed for the site access to First
Street.
4. Westbound right turn lanes must be constructed at the intersections of Elm Street
and First Street and Elm Street and the school's private access within two years of
the CUP approval. The turn lanes must meet County approval.
5. The submission and approval of all building and fire permits as deemed necessary
for the expansion.
6. Sign permit shall be submitted and approved for any exterior signage to be placed
on the buildings or site.
This Resolution shall be recorded in the Office of the Dakota County Recorder or Registrar of
Titles, as applicable.
Adopted by the City Council of the City of Farmington, Minnesota, this 7t' day of August 2023.
Joshua Hoyt, Mayor
ATTEST:
Shirley R Buecksler, City Clerk
Page 68 of 154
CITY OF FARMINGTON
DAKOTA COUNTY, MINNESOTA
RESOLUTION NO.
RESOLUTION OF DENIAL OF AN APPLICATION
FOR AN AMENDMENT TO A CONDITIONAL USE PERMIT
TO ENLARGE A PUBLIC CHARTER SCHOOL AT THE PROPERTY
LOCATED AT 11.5 ELM STREET, FARMINGTON, MINNESOTA
WHEREAS, the City Council for the City of Farmington is the official governing body of
the City of Farmington; and
WHEREAS, pursuant to Section 10-3-3 of the Farmington City Code, the Planning
Commission acts as the Zoning Board of Adjustment for the City of Farmington, and pursuant to
City Code Section 10-3-3(B), is empowered to "[h]ear and review all applications for conditional
use permits provided for within this [Title 10,] and grant approval based upon the criteria and
provisions Listed;" and
WHEREAS, on January 11, 2022, the Planning Commission approved a Conditional Use
Permit for a charter school use by Great Oaks Academy (the "2022 CUP"), for the property located
at 115 Elm Street, Farmington, which is legally described as follows:
Lot 3, Block 1, Farmington City Center 2nd Addition
(the "Property"); and
WHEREAS, Great Oaks Academy expects enrollment for grades Kindergarten through
seventh grade for the 2023-24 academic year to be 402 students served by 40 total staff, and
WHEREAS, the Property generally consists of two sections: a west section, which is
currently partially used by the charter school (the "West Section"), and an east section, which has
been a retail use (the `Bast Section"); and
WHEREAS, the Property is located in the B-2 Downtown Business zoning district; and
WHEREAS, pursuant to City Code Section 10-5-12(C)(2), a Conditional Use Permit is
required for public and parochial schools in the B-2 zoning district; and
WHEREAS, on May 11, 2023, Great Oaks Academy, as tenant of the Property, and
Wellington Management, Inc., as agent for Farmington 115 LLC, the fee owner of the Property
(collectively, the "Applicant"), submitted a land use application for an amendment to the 2022
CUP, to enlarge the charter school use within the West Section, and extend the charter school use
to the East Section (the "2023 Application"); and
Page 69 of 154
Resolution No.
Page 2 of 8
WHEREAS, as it relates to the enlarged use within the West Section, the 2023 Application
requested an enlarged use of the existing school through an interior renovation of a part of the
building that was previously used by another tenant, resulting in three additional classrooms; and
WHEREAS, as it relates to the enlarged use within the East Section, the 2023 Application
requested an enlarged use of the existing school through:
1. An interior renovation of another building on the Property that has been a retail use, to
add eight middle school classrooms, cafeteria, office space, science room, art room,
and restrooms;
2. A building addition to the north side of that same building to add a lobby area,
restrooms storage areas, and approximately 5,264 square feet of gymnasium space;
3. Future construction of an addition consisting of approximately 20,000 square feet that
would be attached to the gymnasium addition and would be used as a high school;
4. The proposed future high school addition would include a bituminous fire lane that
would encroach on a public drainage and utility easement; and
5. Removal of portions of an existing parking lot on the west side of the proposed
gymnasium addition to create a courtyard and green space to serve both the West
Section and the East Section; and
WHEREAS, with the proposed enlarged use for the West Section, combined with the
proposed enlarged use for the East Section, Great Oaks Academy expects that total enrollment for
grades Kindergarten through 12 will be 840 students, served by 78 staff, by the 2030-31 academic
year; and
WHEREAS, on June 13, 2023, the Planning Commission, acting as the Zoning Board of
Adjustment, reviewed the 2023 Application and held a public hearing on the 2023 Application as
required by City Code Section 10-3-5(B); and
WHEREAS, following the review and public hearing on June 13, 2023, the Planning
Commission acting as the Zoning Board of Adjustment took two votes: a motion to approve
expansion of the conditional use within the West Section, with six conditions, was approved
unanimously; a motion to approve expansion of the condition use for a charter school to the East
Section failed on a 2-2 vote; and
WHEREAS, upon the failed motion, that part of the 2023 Application related to the East
Section was denied; and
WHEREAS, following such partial denial of the 2023 Application, the Applicant timely
appealed the decision to the City Council pursuant to City Code Section 1.0-3-10; and
WHEREAS, the City Council has reviewed the application; the recommendations of the
City staff, the analysis and decision of the Planning Commission; and the comments and written
statements submitted by the Applicant, as well as the testimony received from members of the
public during a properly noticed public hearing held on August 7, 2023.
Page 70 of 154
Resolution No.
Page 3 of 8
NOW, THEREFORE, BE IT RESOLVED that the City Council of Farmington,
Minnesota, based upon the City Council's consideration of all of the documents, including the
Updated Traffic Study from a third -party consultant, dated May 26, 2023; the City Code, 2040
Comprehensive Plan, and other applicable local or state law; the analysis, comments, and
testimony of the Applicant and other persons, in written or in -person testimony; and the analysis
and decision of the Planning Commission acting as the Zoning Board of Adjustment, regarding
the proposed enlargement of the 2022 CUP to the East Section, that part of the 2023 Application
for an amended conditional use permit is hereby DENIED, based upon the following findings:
FINDINGS OF FACT
1. The Recitals listed above, the analysis contained within staff and consultant memos and the
exhibits attached to the aforesaid memos, all minutes from the above -mentioned meetings of
the Planning Commission and the City Council, and any and all other materials distributed at
these meetings are hereby incorporated by reference.
2. The Property is located in the B-2 Downtown Business zoning district.
3. There is an existing Conditional Use Permit which allows for the operation of a public charter
school on only the West Section of the Property, as such West Section is defined above.
4. Total enrollment for the 2023-24 academic year at Great Oaks Academy on the West Section
for grades Kindergarten through seven is expected to be 402 students, served by 40 staff, and
would be expected to grow to 840 students in grades Kindergarten through 12, served by 78
staff, on the West and Ease Sections collectively, by the 2030-31 academic year.
5. The Property is currently accessed from First Street on the western boundary of the Property,
and from Elm Street via a private access easement on the east side of the building currently
used as Great Oaks Academy.
6. The Property is currently improved with 229 off-street parking stalls.
7. On May 11, 2023, the Applicant applied for an amendment to the existing Conditional Use
Permit to enlarge the public charter school use within the West Section, and to extend such use
into the East Section of the Property, as such East Section is defined above, to collectively
accommodate the proposed expansion of the Great Oaks Academy as described in the Recitals
above.
8. If all aspects of the 2023 Application wer
change dramatically, and approximately 68
the Property.
to be approved, access and traffic flow would
off-street parking stalls would be removed from
9. Pursuant to City Code Section 10-6-4(B), any newly established or enlarged existing use within
the B-2 Downtown Business District is exempt from the off-street parking requirements that
are generally applicable as a performance standard.
Page 71 of 154
Resolution No.
Page 4 of 8
10. Following a properly noticed public hearing on June 26, 2023, the Planning Commission,
acting as the Zoning Board of Adjustment, partially approved and partially denied the 2023
Application, as defined in the Recitals above.
11. Based on the decision of the Planning Commission approving that part of the 2023 Application,
the 2022 CUP, as defined in the Recitals above, is amended to allow the enlargement of the
conditional use within the West Section, with six conditions applicable to that enlargement.
12. The conditions on that approval are as follows:
A. An encroachment agreement must be executed to allow the construction of the fire lane
within the City's drainage and utility easement.
B. Additional safety precautions (e.g., bollards, fencing, etc.) must be installed along the
outside perimeter of the courtyard. An updated plan must be submitted to staff for
approval.
C. An access easement must be prepared and executed for the site access to First Street.
D. Westbound right turn lanes must be constructed at the intersections of Elm Street and First
Street and Elm Street and the school's private access within two years of the CUP approval.
The turn lanes must meet County approval.
E. The submission and approval of all building and fire permits as deemed necessary for the
expansion.
F. Sign permit shall be submitted and approved for any exterior signage to be placed on the
buildings or site.
13. No action is required by the City Council related to this approval by the Planning Commission.
14. The decision of the Planning Commission denying that part of the 2023 Application related to
the enlargement of the conditional use on the East Section may be appealed to the City Council
pursuant to City Code Section 10-3-10 when filed within 10 days of the final decision of the
Zoning Board of Adjustment.
15. The Applicant timely filed its appeal of the denial on June 20, 2023.
16. The City Council held a properly noticed public hearing on the Applicant's appeal on August
7, 2023, where all persons who wished to address the City Council on the proposed enlarged
use were given the opportunity to offer testimony to the City Council.
17. In addressing this appeal of denial of that part of the 2023 Application related to the East
Section, the City Council, acting in a quasi-judicial capacity, considered all of the documents,
including the Updated Traffic Study from a third -party consultant, dated May 26, 2023; the
City Code, 2040 Comprehensive Plan, and other applicable local or state law; the analysis,
comments, and testimony of the Applicant and other persons, in written or in -person testimony;
and the analysis and decision of the Planning Commission acting as the Zoning Board of
Adjustment, regarding the proposed enlargement of the 2022 CUP to the East Section.
Page 72 of 154
Resolution No.
Page 5 of 8
CONDITIONAL USE PERMIT ANALYSIS
Pursuant to City Code Section 10-3-5(C), a "conditional use shall be approved if it is found to
meet the following criteria:"
The proposed use conforms to the district permitted and conditional use provisions and all
general regulations of this title. [City Code Section 10-3-5(C)(1)]
Great Oaks Academy is a charter school, which "is a public school and is part of the state's
system ofpublic education. " (Minn. Stat. Section 124E.03, subd. 1.) Accordingly, the proposed
enlarged use is a conditional use specifically allowed in the B-2 Downtown Business District
pursuant to City Code Section 1-5-12(C).
However, as is set forth below, the proposed enlarged use within East Section does not conform
to the conditional use provisions and all of the general regulations of Title 10 of the City Code.
2. The proposed use shall not involve any element or cause any conditions that may be dangerous,
injurious or noxious to any other property or persons and shall comply with the performance
standards listed below. [City Code Section 10-3-5(C)(2)]
No element of the proposed enlarged use within the East Section involves or will cause any
dangerous, injurious, or noxious condition to any other property or person. The proposed
enlarged use complies with the performance standards established in Title 10, Chapter 6 of
the City Code. Specifically, pursuant to City Code Section 10-6-4(B), any newly established
or enlarged existing use within the B-2 Downtown Business District is exempt from the off-
street parking requirements that are generally applicable as a performance standard.
3. The proposed use shall be constructed, designed, sited, oriented and landscaped to produce
harmonious relationship of buildings and grounds to adjacent buildings and properties. [City
Code Section 10-3-5(C)(3)]
Based on the testimony at the Planning Commission public hearing, on information contained
in the updated Traffic Study, and on the analysis of the Planning Commission, the proposed
enlarged use to include the West Section would not produce a harmonious relationship with
buildings and grounds to adjacent buildings and properties.
4. The proposed use shall produce a total visual impression and environment which is consistent
with the environment of the neighborhood. [City Code Section 10-3-5(C)(4)]
Based on the testimony at the Planning Commission public hearing and on the analysis of the
Planning Commission, the proposed enlarged use to include the West Section would not
produce a complete and total visual impression and environment and would be inconsistent
with the environment of the neighborhood because it is a school in a majority business district.
5. The proposed use shall organize vehicular access and parking to minimize traffic congestion
in the neighborhood. [City Code Section 10-3-5(C)(5)]
Page 73 of 154
Resolution No.
Page 6 of 8
Even the reasonable conditions suggested by City staff and contained in the updated traffic
study do not adequately mitigate the negative traffic impacts on the surrounding neighborhood
that would result from an enlarged use onto the East Section. Dakota County objects to a
second entrance to the Property given the proximity to railroad tracks. Congestion mitigation
measures are too dependent on private access easements that are not necessarily irrevocable,
and on limiting the number of high school students who would be allowed to park on the
Property with effectively no enforcement measures planned. If enrollment for the 2030-31
academic year reaches the projected level of 840 students served by 78 staff, staff'will take up
nearly half of the off-street parking available on the Property. Students or visitors to the
elementary, middle, and high school would likely be forced to find parking on adjacent streets
or business parking lots. The current traffic flow and drop-off and pick-up times are already
problematic, with parent queueing up on First Street, which has a negative impact on traffic
congestion in the neighborhood. With increased enrollment over time, and a greater number
of students being dropped off and picked up daily, traffic congestion would likely be
exacerbated over time.
6. The proposed use shall preserve the objectives of this title and shall be consistent with the
comprehensive plan. [City Code Section 10-3-5(C)(6)]
A. City Code Section 10-1-2(A)-(J) enumerates the objectives of Title 10 of the City Code.
Paragraphs (B)-(J) are not impacted by the proposed enlarged use on the East Property.
However, the first objective of the Zoning Ordinance is to 'Protect and promote the public
health, safety and general welfare of the community. " City Code Sec. 10-1-2(A). The
traffic flow and traffic congestion concerns described in this Resolution clearly
demonstrate that the proposed expansion to the East Section does not protect or promote
the health, safety and general welfare of the community, particularly the safety of students
facing traffic flowing through the campus in between the West Section and the East Section.
B. Pursuant to City Code Section 10-5-12(A), the purpose of the B-2 Downtown Business
District is as follows:
The B-2 Downtown Business District identifies a variety of general
commercial and higher density residential uses for the downtown area in
order to expand and strengthen the downtown as the primary commercial
district for the city, create a pedestrian friendly downtown, and promote the
city as a cultural center. Objectives of this district are to preserve historical
buildings, require high design standards, and provide a diverse mix of
community oriented commercial and cultural activities that are pedestrian
oriented and accessible to area residents.
The proposed enlarged use is not pedestrian oriented, and the proposed plan does not
adequately address pedestrian safety of students, who would be required to move from
building to building, including the gymnasium, across the private access easement to the
businesses to the north of the Property.
Page 74 of 154
Resolution No.
Page 7 of 8
7. All conditional uses shall comply with the requirements of this section. [City Code Section 10-
3-5(D)]
A. Fire prevention and fighting equipment acceptable to the board of fire underwriters shall
be readily available when any activity involving the handling or storage of flammable or
explosive material is carried on.
No handling or storage of flammable or explosive material will be carried on as part of
the proposed enlarged use on the East Section.
B. No activity shall cause electrical disturbance adversely affecting radio or other equipment
in the vicinity.
There will be no activity to have such effect as part of the proposed enlarged use on the
East Section.
C. Noise which is determined to be objectionable because of volume, frequency, or beat shall
be muffled or otherwise controlled, except for fire sirens and related apparatus used solely
for public purpose shall be exempt from this requirement.
The proposed enlarged use on the East Section does not include significant noise that is
expected to be objectionable.
D. Vibrations detectable without instruments on neighboring property in any district shall be
prohibited.
The proposed enlarged use on the West Section does not include any activity that will cause
vibrations of any kind.
E. No malodorous gas or matter shall be permitted which is discernible on any adjoining lot
or property.
The proposed enlarged use on the East Section will not produce any malodorous gas or
matter of any kind.
F. No pollution of air by fly ash, dust, smoke, vapors or other substance shall be permitted
which is harmful to health, animals, vegetation or other property.
The proposed enlarged use on the East Section will not produce any fly ash, dust, smoke,
vapors, or any other substance of any kind.
G. Lighting devices which produce objectionable direct lighting or reflect glare on adjoining
properties or thoroughfares shall not be permitted.
The proposed enlarged use on the East Section does not include any direct lighting or
reflective glare that will affect adjoining properties or thoroughfares in any way.
Page 75 of 154
Resolution No.
Page 8 of 8
H. No erosion by wind or water shall be permitted which will carry objectionable substances
onto neighboring properties.
The proposed enlarged use on the East Section will not cause erosion by wind or water.
I. Water pollution shall be subject to the standards established by the Minnesota pollution
control agency.
The proposed enlarged use on the East Section will not produce water pollution.
Applications for conditional uses in the floodplain districts shall be accompanied by reports
from the city engineer on the materials required in 10-3-5(D)(10).
A small portion of the northwest corner of the Property is located within a floodplain
district. No part of the East Section is located in a floodplain district.
CONCLUSION
Based upon the recitals, findings, and CUP Analysis set forth above, the City Council concludes
that enlarging the condition to use to the East Section does not serve to protect and promote the
public health, safety, and general welfare of the community. Accordingly, the City Council for
the City of Farmington hereby AFFIRMS THE DENIAL of that part of the 2023 Application
for an amended conditional use permit pursuant to City Code Section 10-5-12(C)(2) to allow the
enlargement of the public charter school use on the East Section of the Property.
This Resolution shall be recorded in the Office of the Dakota County Recorder or Registrar of
Titles, as applicable.
Adopted by the City Council of the City of Farmington, Minnesota, this 7th day of August 2023.
Joshua Hoyt, Mayor
ATTEST:
Shirley R Buecksler, City Clerk
Page 76 of 154
GREAT OAKS
I
I am sending you this email to 14 you know of Great Oaks Academy's intention to
appeal the decision of the Farmington Planning Commission to not approve our
Conditional Planning Permit for our school's expansion at thel 15 Elm Street property
site at their June 13th, 2023, Planning Commission meeting, We Would like to make our
appeal to Farmington City Council at their July 17th meeting,
Mr. Paul McGlynn I Director
651-615-0499 1 pmcglynn@UMRLOal aea e��
I GREAT OAKS
A C A D E N Y
Rigor I Virtue I Literature I Wonder
115 Elm St. Farmington, MN 55024
vAAA-reatoaksacademymn-com
Page 77 of 154
NNIMM
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To:
Planning Commission
From:
Tony Wippler, Planning Manager
Department:
Planning Commission
Subject:
Amendment to Conditional Use Permit to allow for the Expansion of a Charter
School within the B-2 Zoning District - Great Oaks Academy - 115 Elm Street
Meeting:
Planning Commission - Jun 13 2023
Great Oaks Academy is seeking an amendment to a conditional use permit to allow further expansion
of their Charter School located at 115 Elm Street. Great Oaks Academy was granted a conditional
use permit by the commission on January 11, 2022 to establish the Charter School within the former
grocery store space located at 115 Elm Street. The proposed expansion includes renovating and
occupying the existing strip center on the east side of the property for additional middle school
classrooms, adding a gymnasium expansion along with a two story "future" high school addition, and
renovating the interior of the northern most portion of the former grocery store building that was
previously occupied by @Bat into classrooms.
At the April 11, 2023 Planning Commission meeting, the Commission denied an application by Great
Oaks Academy for similar expansion plan. The Planning Commission denied the application based
on a number of findings most notably the lack of a full buildout plan and that the plan was generally
not harmonious with the surroundings.
Great Oaks Academy Review
As a recap, Great Oaks Academy is a tuition -free, classical charter school built on the pillars of Rigor,
Literature, Wonder, and Virtue. The school is deeply committed to building a school with rigorous
academics, high expectations, and a strong emphasis on developing character while encouraging
each student's natural sense of wonder at the world.
The mission of Great Oaks Academy is to provide students with a classical, liberal arts education that
is rigorous, literature -rich, wonderous, and virtuous. The vision is to graduate young adults who:
• Are fully prepared for the rigors of college and career;
• Value truth, beauty, and goodness;
• Possess a lifelong passion for learning;
• Are active participants in their communities;
• Recognize the value of their contributions
As outlined in the attached packet, the annual enrollment projections for the school are as follows:
School Year Grades Served Enrollment Total Staff
FY 23/24
K-7
402
40
FY 24/25
K-8
454
47
FY 25/26
K-9
519
54
FY 26/27
K-1 0
584
61
FY 27/28
K-1 1
662
66
FY 28/29
K-12
737
71
FY 29/30
K-12
776
75
FY 30/31
K-12
840
78
Conditional Use Permit Amendment
Great Oaks Academy is requesting approval to amend a previously approved conditional use permit
to allow the expansion of a Charter School at the property located at 115 Elm Street. The property
is currently owned by Farmington 115, LLC (Wellington Management Company). The property is
within the B-2 (Downtown Business) Zoning District and schools are listed as conditional uses.
As shown on the attached site plan and floor plans the proposed expansion consists of 5 components,
they are:
1. The interior renovation of the northern most portion of the existing school building that had
been previously occupied by @Bat. This includes converting the space into 3 additional
classrooms and restroom.
2. The interior renovation of the existing strip center on the east side of the site. This renovation
would largely consist of 8 middle school classrooms, cafeteria, office space, science room, art
room and restrooms.
3. Building addition to the north side of the existing strip center. The addition includes a lobby
area, restrooms, storage areas, an approximately 5,264 square foot gymnasium.
4. The attached plan calls for the future construction of a two story high school that would be
attached to the gymnasium addition. According to the attached plan the High School would
consist of 8 general classrooms, music room, maker space, special needs spaces, office and
larger vestibule/common space. The high school addition would be approximately 20,000
square feet in size. The proposed plan also provides a bituminous fire lane on the east side
of the proposed building expansion. This fire lane encroaches within a drainage and utility
easement that currently has 10" sanitary sewer line and a 8" water line. If approved, a
condition of approval should be that an encroachment agreement must be executed to allow
the fire lane within the drainage and utility easement.
5. Removal of portions of the existing parking lot to create a courtyard to the west of the proposed
gymnasium addition along with greenspace on the southern end of the existing strip center
building adjacent to the right-of-way of Elm Street. Fencing is proposed along the western
side and portions of the northern and southern sides of the proposed courtyard. If approved,
a condition of approval should be that additional safety precautions (i.e., bollards, fencing or
the like) must be installed along the outside perimeter of the courtyard. An updated plan must
be submitted to staff for approval.
Traffic Circulation and Parkin
As shown in the attachment, Middle School drop off and pick up will utilize the Elm Street access
while the elementary school will enter off of First Street and exit through the Elm Street access. The
applicant has also included information on bus/car drop off and pick up schedules. This information
has been attached to this memorandum. The applicant has indicated that the public and non -peak
Great Oaks traffic will still be able to come directly onto and through the site from Elm Street as there
is a access easement that was granted when the site was originally developed along the east side of
the former grocery store building that provides access to the commercial properties to the north. It
should be noted that the access to the site off of First Street does not have such an access easement
for the general public, even though it is routinely used by the general public. If approved, a condition
of approval should be that an access easement should be prepared and executed for the access off
of First Street.
As previously mentioned, this property is zoned B-2 (Downtown Business). Properties zoned B-2
are exempt from meeting the off-street parking requirements outlined in code. The property currently
has 229 off-street stalls within within its boundary. With the proposed building expansion and
additional greenspace approximately 68 stalls would be removed from the site. If the plan were to
be constructed as proposed approximately 161 off-street parking stalls would remain on site.
An updated traffic study was performed for the conditional use permit application and is included
within the attachment. The study indicates that right turn lanes will be warranted by the year
2028/2029 based on enrollment projections. If approved, a condition of approval should be that
westbound right turn lanes shall be constructed at the intersections of Elm Street and First Street and
Elm Street and the schools private access within two years of CUP approval.
Conditional Use Permit
As outlined in City Code, a conditional use shall be approved if it is found to meet the following criteria:
1. The proposed use conforms to the district permitted and conditional use provisions and all
general regulations of this title.
2. The proposed use shall not involve any element or cause any conditions that may be
dangerous, injurious or noxious to any other property or person and shall comply with the
performance standards listed below.
3. The proposed use shall be constructed, designed, sited, oriented and landscaped to produce
harmonious relationship of buildings and grounds to adjacent buildings and properties.
4. The proposed use shall produce a total visual impression and environment which is consistent
with the environment of the neighborhood.
5. The proposed use shall organize vehicular access and parking to minimize traffic congestion
in the neighborhood.
6. The proposed use shall preserve the objectives of this title and shall be consistent with the
comprehensive plan.
Staff believes the application meets the above -reference criteria.
Not applicable
Approve the amendment to the conditional use permit to allow the expansion of a school at the
property located at 115 Elm Street contingent upon the following:
1 . An encroachment agreement must be executed to allow the construction of the fire lane within
the City's drainage and utility easement.
2. Additional safety precautions (i.e. bollards, fencing, etc.) must be installed along the outside
perimeter of the courtyard. An updated plan must be submitted to staff for approval.
3. An access easement must be prepared and executed for the site access to First Street.
4. Westbound right turn lanes must be constructed at the intersections of Elm Street and First
Street and Elm Street and the schools private access within two years of the CUP approval.
The turn lanes must meet County approval.
5. The submission and approval of all building and fire permits as deemed necessary for the
expansion.
6. Sign permit shall be submitted and approved for any exterior signage to be placed on the
buildings or site.
�.CITYOF & 43o Third St. Farmington, MN 6
FARMINGTON & 651-280-6800
C) FarmingtoniY!Ngov
CONDITIONAL USE PERMIT APPLICATION
Applicant: 0010t Oaks ACademy Telephone. 651-615-0499 Fax:
Address: 11SErn Street.FaffNngtqn,Mil 55024
Street city State Zip Code
Owner: weiiington management, Inc. Telephone: 661-292-98414 Fax: 651-292-0072
Address: 1625 Energy Park Drive, St Paul, MN 65108
Street City State Zip Code
Premises Involved- 116 Elm Street- Lot 3, Block I Farmington City Center 2nd Addition
Addmas/Legal Description (lot, block, plat name, section, township, range)
Current Zoning District B-2 (Downtown Business) Current Land Use Charterschoci, retail, and restaurants
Speelfic Nature of Request: F-Vans'On Of charter sch"
Misiml �rAL �)M�RSQMJJE9�NTS
X Proof of Ownership _�6 Copies of Site Plan
x Application Fee x AbstractlRegidential List (required 350' from subject property)
Boundary / Lot Survey NA , Torrens (Own red) (Ab ct)
or
ve sed in Local Newspaper: For oMce use only
Public Hearing Set for:
planning Commission Action: -----Approved —Denied Fee Paid
City Council Action (if necessary):
-----Approved Denied $250 — City of
Farmington
Comments'
T*AnED BY:
Planning division: Date: CkyarFarmkWon
430 ThW Sb=t
9/1012019 fwmiroanMN $5024
VIA U. S. 1 LA IL & EMA IL May 12,2023
(Lwl:p- �Ier whrmlint &!Or OVO
City of Farmington
Attn: Tony'Wippler, Planning Manager
430Third Street
Farmin4ton, NIN 55024
MEEM
On behalf of Fartnington 115 LLC, the owner of the property, we are signing the enclosed
conditional use permit showing expansion of the Great Oaks Academy charter school to
accommodate a middle school and high school in space that is to be developed as well as at the
Se currett Tenzitt Great *aks 4,c;v.,dc-n- v which has exercised a ourchase oution for the
WAM
building in the next e months for conversion into three classroom spaces.
Separately, we believe that the record remains unclear whether the conditional use permit rights,
which were not limited in the January 1], 2022 city approval, were granted to the entirety of the
lot (as submitted). This issue has become pertinent since Great Oaks Academy has indicated a
desire to renovate the existing retail center into middle school classrooms and construct a high
school expansion north of the existing retail center. We certainly want to engage with the
Planning Commission with the design details for the proposed middle school and high school
e-wisi*iLf,ut. we feel flIat the hvsic use as a charter school has alreadv been aranted to the enti
land and expand into the retail center and/or build a gymnasium and high school north of the
retail oarittr-I'lic buNing *wner vety,14 rotzLvi t&e rigXtr, t* &,terzte the existing strij, ritailca-exter
without additional requirements for improvement,
Sincerely,
Stephen B. Wellington, Jr.
CEO of Wellington Management, Inc.
F MI
4 1 F&Y, 146112924172 1 welfingtonmot.com
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Page 87 of 154
NEW GO STORY ERALCLASSROHSCNOOL j
6 GENERAL CLASSROOMS. J
MUSIC ROOM. MAKER SPACE.
SPECIAL NEEDSSPACES,
OFFICE AND LARGER
VFSCRULEICOMMONS SPACE
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GREAT OAKS
ACADEMY
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Fermilgton, MN 55024
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ACADEMY CAMPUS
MIDDLE SCHOOL,
STORM SHELTER AND
@BAT FLOOR PLAN
A101
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* LHB
21 W. Superior St, Ste 500 1 Duluth, MIN 55802 1 21832T8446
CLIENT:
GREAT OAKS ACADEMY
THIS SQUARE APPEARS 112NI/2'
ON FULL SIZE SHEETS
1 05/12/2023 CUP SUBMITTAL
NO DATE REVISION
Ry
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PRE0"
COPYRIGHT 2023 BY LHB, INC. ALL RIGHTS RESERVED.
PROJECT NAME:
GREAT OAKS
ACADEMY CAMPUS
DRAWING TITLE:
@BAT FLOOR PLAN
DRAWN BY APO
CHECKED BY: KCH
PROJ. NO:
DRAWING 221217
NO: Al 02
Page 89 of 154
RENDERING lung 1, 2023 LHB
Great Oak Academy
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Propertieserof 115 Elm Street
1 200 3RD ST 4 111 ELM ST
2 115 ELM ST S 120 ELM ST
3 217 ELM ST
Disclaimer, ° Map and parcel data are believed to be accurate, but accuracy is not guaranteed Map Scale
r ` This is not a legal document and should not be substituted for a title search appraisal, survey, or 1 inch = U #+yet
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School Year I Grades Served I Enrollment I Total Staff
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Note: The traffic study utilizes maximum possible enrollment projections.
GREAl" OAKS
I C I D E N Y
Lzazaamml
8:00 - 8:10 - 5 Busses Will Drop Students Off on the East Side of the Elementary School
8:10 - 8.40 - Parents Drop Off Students on the East Side of the Elementary School
(Approximately 129 cars)
3:00 - 5 Busses Artive on the East Side of the Elementary School (Busses Depart by 3:10) -
Inside Lane
v1rrmee-07MR-,
Outside Lanes (Approximately 43 cars)
3:15 - Parent Pick Up (Group B) - Inside & Outside Lane (Appro)dmately 43 cars)
3:30 - Parent Pick Up (Group 0) � Inside & Outside Lane (A0pro)(imately 43 cars)
12"W1 -1 --- in 11 I►
ft,
8:00 - 8:10 - 5 Busses Will Drop Students on the East Side of the Elementary Schoo
ddle School Students will utilize safety patrolled crosswalk to enter middle school**
S: It -,V,:4* - Perexts lr*�p SW4*xW*A tXe E2,st Si-ile*f tXe Eles V ScA*10 (App*%4
160 cars)
dle Scbool Students will utilize set* patrolled crossmik to enter middle school**
T09tv, T"e 0
InsideLane
Outside Lanes (Approximately 38 cars)
3:15 - Parent Pick Up (Group 13) - Inside & Outside Lane (Approximately 38 cars)
Parent Pick Up (Group C) - Inside & Outside Lane (Approximately 38 cars)
3:45 � Parent Pick Up (Group D) - Inside & Outside Lane (Approximately 38 cars)
FY 2025-2026 Le�a '"jjjtQgt
-OFT
LEE= � ! !�
7:30 - 7:40 - 2 Busses Nil Drop Middle School Students Off at the Middle School in the
Southeast Lot
7:40 - 8:00 - Parent Drop Off Students At the Middle School in the Southeast Lot (Approximately
45 cars)
7"r Tr I MV JUAW
WINM 61" 67t 7-
8:15 - 8:40 - Parent Drop Off Students Off at the East Side of the Elementary School
(Approximately 125 ca*
2-30 - 2 Busses Nil Pick Up in the Southeast Lot
agpipliqlpill qqliiiii l�iiiiiii�Illililililill Fill iiiii�ilill �l�� 1111111111pil'�111111pii l�illillilillill 111111
WI
3*00 - Patent Pick Up (Group A) - Outside Lane uritil butt" are gone, then use Inside &
Outside Lanes (Approximately 42 cars)
3:15 - Parent Pick Up (Group B) - Inside & Outside Lane (Approximately 42 cars)
3:30 - Parent Pick Up (Group C) � Inside & Outside Lane (Approximately 42 cars)
giumi,111", 1 1 1, 1! 1 11, Mi -
Awvve Twiffia—FIF or WIP S01
7W inAy ttst& In 15 to 20 more cam
7:30 - 7:40 - 2 Busses Will Drop Middle School Students Off at the Middle School in the
Southeast Lot
K�Vwtjk�P!Alp-1
8:15 - 8*40 - Parents Dmp Off Students Off at the East Side of the Elementary School
(Approximately 142 cars)
2:30 - 2 Busses Will Pick Up in the Southeast Lot
Inside Lane
3:00 - Parent Pick Up (Group A) � Outside Lane until busses are gone, then use Inside &
Outside Lanes (Approximately 47 cars)
3:15 - Parent Pick Up (Group 8) - Inside & Outside Lane (Approximately 47 cars)
&30 - Parent Pick Up (Group C) - Inside & Outside Lane (Approximately 47 cars)
EY 202772 28 Tentative Of�kttb & Dmo 60 **40
in this year we will have staggered drop off and pick up times for elementary & middle
themselves.
This may result in 20 to 35 more cars.
Lmzmnus r f
7M - 7-40 - 3 Busses Will Drop Middle School Students Off at the Middle School in the
Southeast Lot
8:05 - 8:15 - 4 Buss" Will Drop Students Off at the East Side of the Elementary Sdho
8:40 - Parents Drop Off Students Off at the EW Side of the Elementary School
(Approximately 157 cars) I
=�3
2:30 - 3 Busses Nil Pick Up in the Southeast Lot
ko P-Aa
111 11111 11 1 1 1111111
ij� I I �� I qI11111111 � 1 1111111 �pijii 111111 111111 11111yi 111 11
3:00 - Patent Pick Up (Group A) - Outside Lane until busses are gone, then use Inside &
Outside Lanes (Approximately 53 cars)
3:15 - Parent Pick Up (Group B) - Inside & Outside Lane (Approximately 63 cars)
3:30 - Parent Pick Up (Group C) - Inside & Outside Lane (Approximately 53 cars)
FY 2028-2029 Tentative Bus/CwN*W&0�666#*�"
In this year we will have staggered drop off and pick up times for elementary & middle
This ma-v result in 30 to 40 more cars.
EMECOM
730 - 7-40 - 3 Busses Will Drop Middte School Students Off at the Middle School in the
southeast w
KjRku 10-1-4.441 Aga
8:40 op Off Students Off at the East Side of the Elementary School
(ApproArnately 165 cars)
2:30 - 3 Busses Will Pick Up in the Southeast Lot
�Pvt-4- ve
Inside Lane
two
Outside Lanes (Approximately 65 cars)
16-
r T ZVZ2:4UV� MOM= 2UM�81L q4p;�T M
in this Year we wN have staggered drop off and pick up times for elementaty & middle
s0ool. The school will qpprove a limited number of high schoolers to drive themselves.
This miqy result In no more than 50 cars.
7:30 - 7AO � 3 Buss" Will Drop Middle School Students Off at the Middle School in the
Southeast Lot
9t
WAOIROFMWPOM 771,10 Ing - - - I W'Tt'WAA7-M
8:15 - 8AO - Parents Drop Off Students Off at the East Side of the Elementary School
(Appro)dmately 172 cars)
230 - 3 Busses Nil Pick Up in the Southeast Lot
AAILI-� Aibd�F=1222wk
On
Inside Lane
Busses Will Drop Middle School Students Off at the Middle School in the
Southeast Lot
8-05 - 8:15 - 4 Busses Will Drop Students Off at the East Side of the Elementary Schoo]
8:15 - 8:40 - Parents Drop Off Students Off at the East Side of the Elementary School
(Approximately 180 cars)
Busses Will Pick Up in the Southeast Lot
I?,
Mw�
3:00 - 4 Busses Arrive on the East Side of the Elementary School (Busses Depart by 3:10) -
de Lane
Outside Lanes (Approximately 60 cars)
3:15 - Parent Pick Up (Group B) - Inside & Outside Lane (Approximately 60 cars)
3:30 - Parent Pick Up (Group C) - Inside & Outside Lane (Approximately 60 cars)
e" ht ti IN(Sr 4 titi {% P t,
?+ A Ms :
C A D E M Y
(UPDATED FOR FULL FUTURE
To: Paul McGlynn, Director — Great Oaks Academy
Rick Nelson, Winthrop Commercial, Inc
From: Vernon Swing, PE
Re: Traffic Analysis Update — Great Oak Academy Middle and High School Addition,
Farmington,
MN
The anticipated demand for K-12 opportunities at the Great Oaks Academy has been refined to reflect
recent history and future requests. Per the request ofthe City ofFarmington Planning Commission, 32
Traffic Solutions has reviewed the current expansion plans for the Great Oaks Academy in Farmington,
MNand renewed the analysis toreflect the enrollment numbers. This review includes the existing
elementary school traffic with an enrollment of 330 students, the anticipated reuse of the retail building
on the eastern side of the site as a middle school building by 2025, and the addition of high school
grades beginning in 2026vvhich would add high school students at the middle school building. By the
2027-2028 school year it is anticipated that a new structure will be added to the site to house high
school student for grades 9-11,and grade 13will beadded inZ038-2029.(See Figure 1—Site P|an.) The
enrollment will grow steadily through these years topping out at 840 students on site in the 2030-2031
school year. Table 1summarizes the maximum enrollment between today and 2O31.
Table 1 — Enrollment by year
*Designates milestone years for analy�s
This analysis focuses on the milestone years when substantial changes to the demographics are
anticipated, namely when the site has m full middle school (24-25) inthe former retail building, when the
site starts toinclude high school students (25-26),when the site includes K-12enrollment /28-29\and
when the school has maximum enrollment (3O-31). The following sections will outline the change inon-
site conditions,trip8enerationandtrafficoperotionsforeachofthemi|estoneyears,andasumnmary
Table of the traffic operations will be provided at the end of this report to allow the reader to compare
each condition head'{o-head. Figures are provided atthe end ofthe document illustrating the traffic
movements for each analysis year.
11 P � �e Great (�mhs Academy, Farmin��o
. 90
Existing Conditions
An initial traffic study was completed in 2021 for the redevelopment of the 36,000 square foot Family
Fresh grocery store as a K-5 Charter School. For the initial study traffic counts in the fall of 2021 were
completed at the intersections of Elm Street and 1st Street, Elm Street and Site Access, Elm Street and
3rd Street, 1st Street and South Access, 1st Street and North Access. These counts were adjusted to
reflect growth in background traffic at a rate of one percent per year to reflect the 2023 traffic
conditions and traffic associated with a 330 student K-5 Charter School was added to the 2023 traffic
conditions. This is the Existing Conditions for this analysis. To be consistent with the earlier analysis,
this study uses the methods described in the Highway Capacity for the analysis. The following is
repeated from the earlier study to describe the analysis methodology.
The operating conditions of transportation facilities, such as roadways, traffic signals, roundabouts and
stop -controlled intersections, are evaluated based on the relationship of the theoretical capacity of a
facility to the actual traffic volume on that facility. Various factors affect capacity including travel speed,
roadway geometry, grade, number of travel lanes, and intersection control. The current standards for
evaluating capacity and operating conditions are contained in Highway Capacity Manual'. The
procedures describe operating conditions in terms of driver delay represented as a Level of Service
(LOS). Operations are given letter designations with "A" representing the best operating conditions and
"F" representing the worst. Generally, level of service "D" represents the threshold for acceptable
overall intersection operating conditions during a peak hour. The Chart below summarizes the level of
service and delay criteria for signalized and unsignalized intersections.
Delay (sec)
Unsignalizedj
Level of Service
Description
Signalized
Roundabout
A'
----i-----------
Primarily free -flow operation.
0-10
0-10
g'
_ - - - ® - - - p - -�- - - - -
Reasonably unimpeded operation.
>10-20
>10-15
t,.
-------
more restricted than LOS B.
>20`35
>15-25
�'
Less stable operation. Small increases in flow
#
-may
.1
cause large increases in delay and reduced
_
>35 SS
_
>25 35
w s
speeds,
Unstable operation. Low speeds and
_---_--------
1,1*5
considerable delay.
>55-80
>35-50
Congested operation. High delay and;extensive
_
l h -1 ---
queuing.
>80
>50
For side street stop -controlled intersections special emphasis is given to providing an estimate for the
level of service of the minor approaches. Traffic operations at an unsignalized intersection with side
1 Highway Capacity Manual (HCM), Transportation Research Board, 6th Edition
2 1 P a g e Great Oaks A adern , Farmington P eg043)bfl90
streetstop'contro| can be described two ways. First, consideration is given to the overall intersection
level ofservice. This takes into account the total number of vehicles entering the intersection and the
capability ofthe intersection tosupport these volumes. Second, itisimportant toconsider the delay on
the minor approaches, since the mainline does not have tostop. It iscommon for intersections with
higher mainline traffic volumes to experience increased levels of delay and poor level of service on the
side streets.
A final fundamental component of operational analyses is a study of vehicular queuing,orthe line of
vehicles waiting topass through onintersection. Anintersection can operate with anacceptable Level
of Service, but if queues from the intersection extend back to block entrances to turn lanes or accesses
toadjacent land uses, unsafe operating conditions could result. |nthis report, the Industry Design
Siandard95 1h � percenti|equeue|enRthi�used. The95 Percentile Queue Length refers tothat length of
vehicle queue that has only a five -percent probability of occurring during an analysis hour.
This study has utilized the industry current Synch ro/Snsoft
ware Edition) toanalyze
the conditions for both the AM and School PM peak hours. It is noted, the reported results are from the
aggregate of 10 SimTraffic simulations which use a random number generator to seed the network with
vehicles. These results reflect dynamic conditions and are more accurate than the results of the static
analysis reported by Synchro. Due to the random number generator results can sometimes show slightly
better operations on minor movements under higher traffic conditions when the intersections are
operating well.
2Q21Stu6n
The earlier study reviewed the impacts of a K-5 Charter School including 330 students by the 2022-23
school year on the traffic operations along Elm Street. The Trip Generation Table below (Table Z) is
based on Trip Generation, Edition 11, published by the Institute of Transportation Engineers, and
reflects the Existing K-50enerated traffic condition. Figure I illustrates the existing condition.
Table 2—Existing Trip Generation
It is noted, the earlier study did not anticipate the elimination of retail uses on site thus the study
included existing retail traffic with the school traffic, and the results of the study indicated: The
proposed Great Oaks Academy on the site located north of Elm Street and east of 1st Street will
generate fewer trips than the previous grocery store use onthis site. The operational analyses for the
Existing Conditions are summarized below:
3 | Pa �e Great Oaks Academy, Farmington. 9 0
1st Street & Elm Street (Side
'Overall LOS & Delay
A , 1.91
A, 1 11.6
Site Access & Elm Street (Side
Overall LOS & Delay
A 3.6
A 3.3
Stop Control
3rd Street & Elm Street (Traffic
Ist Street & South Site Access
(Side Stop Control)
Ist Street & Cul-Du-Sac Access
Overall LOS & Delay
A 2.9
A 2.6
(Side Stop Contro I)
The results in Table 3 indicate the study area intersections operate at acceptable overall LOS B or better
with all movements at acceptable LOS[or better during the 2023 AM and PM peak times with the K-5
Charter School.
2024-2025 Conditions
Presently, the subject property includes the K-5 School with approximately 330 students,aswell asthe
following businesses within the 14,000 square foot building:
* Vehzon
° Hale Nutrition
* VVen8sKhzhen
~ USA Nails
Traffic counts have been conducted on site to record the current traffic associated with the uses listed
above as well as the traffic associated with existing US Post Office and the smaller office/dance studio
building located onthe north end ofthe property. These counts reveal the retail uses generate 12
inbound and 11 outbound trips in the AM Peak, and 33 inbound and 34 outbound trips during the
School PMPeak.
Similarly, the Post Office and small office generate 5 inbound (4 Post Office trips) and 6 outbound (4
Post Office trips) trips during the AM peak, and 34 inbound (32 Post Office trips) and 35 outbound (34
Post Office trips) trips during the School PK4Peak. The Post Office and small office traffic currently
favors 1st Street versus traversing the school/retail parking area by approximately 72 percent.
Proposed Middle School
In the 2024-2025 school year the site will include K-8 opportunities with the Middle School use replacing
the current retail uses onthe site. The trip generation for the proposed middle school and elementary
4 | � � �e Great Oaks Academy, Farmington. 90
school campus has again been estimated using the methods described by ITE under land use code 537
Charter School. For 2024-2025 the trip generation reflects the anticipated enrollment of 504 students.
Table 4 summarizes the findings. Figure 3 illustrates the 2024-2025 traffic conditions.
Table 4
The traffic operations for the 2024-2025 (including the growth in background traffic at one percent per
year and school traffic) have been analyzed resulting in an acceptable overall LOS B or better all
movements at acceptable LOS D or better during the 2025 AM and PM peak times with the K-8 Charter
School. Table 5 summarizes the results of the operational analysis.
Table 5
11ik r cif'
(I O, "J i c' r u ii i
rtrt
AfV ttIr
l!r ,
1st Street & Elm Street (Side
Overall LOS & Delay
A 2.7
A 2.0
Stop Control)
Worst Mvmt. LOS& Delay
C 19.3 (SBL)
C 15.8 (SBL)
95th Percentile Queue
SB - 67'
EBL - 58'
Site Access & Elm Street (Side
Overall Los &Delay
A 4.8
A 3 1
Worst Mvmt. LOS& Delay
C 23.3 (SBL)
C 22.9 (SBL)
Stop Control
95th Percentile Queue
SBR - 82'
SBL - 91'
3rd Street & Elm Street (Traffic
overall Los &Delay
B 16.4
B 12.5
Signal)
Worst Mvmt. LOS& Delay
D 38.6 (EBL)
C 26.6 (WBL)
95th Percentile Queue
WB - 334'
EBT - 240'
1st Street & South Site Access
Overall LOS & Delay
A 0.3
A 0.3
(Side Stop Control)
Worst Mvmt. LOS& Delay
A 4.9 (WBL)
A 4.4 (WBL)
95th Percentile Queue
W B - 18'
W B - 27'
1st Street & Cul-Du-Sac Access
Overall LOS & Delay
A 1.7
A 2.6
(Side Stop Control)
WorstMvmt. LOS& Delay
A 3.0 (NBR)
A 2.8 (NBR)
95th Percentile Queue
NB - 65'
NB - 60'
2025-2026 Conditions
In 2025-2026 school year, Great Oaks Academy will add high school grade 9 to the campus. It is
anticipated during this school year, the 91h graders will share space in the middle school building while
the High School building is being constructed to the north of the Middle School building. The trip
generation for the proposed 9th grade, middle school, and elementary school campus has again been
estimated using the methods described by ITE under land use code 538 Charter School with High School.
For 2025-2026 the trip generation reflects the anticipated enrollment of 576 students. Table 6
summarizes the findings. Figure 4 illustrates the 2025-2026 traffic conditions.
5 1 P a g e Great Oaks Academy, Farmington P
rmin tone egl03Ebbfl90
Itisnoted that background traffic is expected tocontinue tnincrease atarate ofone percent per year.
The traffic operations for the 2025-2026 school year have been analyzed resulting in an acceptable
overall LO3Cor better all movements at acceptable LDS D or better during the 2025AM and PM peak
times with the K-9Charter School. Table 5summarizes the results ofthe operational analysis.
1st Street & Elm Street (Side
Overall LOS& Delay
A
3.4
A
2.8
Stop Control)
Site Access & Elm Street (Side
Stop Control
3rd Street & Elm Street (Traffic
Overall LOS& Delay
C
20.6
B
13.8
1st Street & South Site Access
(Side Stop Control)
1st Street & Cul-Du-Sac Access
(Side Stop Control)
2028-2029 Conditions
For the 2028-2029 school year it is anticipated that the high school building will be complete and grades
K-12will beavailable atthe Great Oaks Academy. The trip generation for the proposed K-1Zschool
campus has again been estimated using the methods described by ITE under land use code 538 Charter
Schoo|K-12. For 2028-2029 the trip generation reflects the anticipated enrollment of 792 students.
Table 8 summarizes the findings. Figure 5 illustrates the 2028-2029 traffic conditions.
6 | P� �� Great Oaks Academy, Farmington. 90
The traffic operations at the study intersections reflecting the continued one percent annual growth rate
in background traffic plus the K'12 School indicate that the overall operations remain acceptable at LO3
B or better during the peak hours, but the individual movement operations at the site driveway to Elm
Street isnearing capacity atLOSE. Table 9summarizes the results ofthe Z028-3O29traffic conditions
for the study area intersections.
Ott
h�h
1st Street & Elm Street (Side
Stop Control)
Site Access & Elm Street (Side
Overall LOS & Delay
A 8.3
A 6.8
Stop Control
3rd Street & Elm Street (Traffic
Overall LOS & Delay
B 19.3
B 13.1
1st Street & South Site Access
Overall LOS & Delay
A 0.3
A 0.4
(Side Stop Control)
1st Street & Cul-Du-Sac Access
1
1
(Side Stop Control)
Worst Mvmt. LOS & Delay
A 2.9 (N B R)
A 3.0 (NBR)
The information in Table 9 indicates the southbound left turn at the Elm Street and the site access is
operation at LOS E with 47.2 seconds of delay and 49.7 seconds of delay for the AM and School PM
peaks, respectively, and a 95 th percentile traffic queue (only occurring for at most 3 minutes of the peak
hour) of171feet onsite during the School PMPeak hour. Tomitigate this condition two strategies were
considered, change traffic control to a traffic signal, or include a westbound right turn lane into the site.
It is noted, the earlier study reviewed right turn lane warrants at Brn Street and 1st Street as well as the
driveway intersection and concluded that the Ist Street intersection did meet warrants. The additional
traffic associated with the 792 student campus will increase right turns at the site access intersection
satisfying right lane warrants at the site access intersection as well.
Analysis ofthese potential changes indicates the traffic signal option will bedifficult asthere islittle
space on Elm Street for vehicles to queue without encroaching on the nearby railroad crossing. Even
7 | P� �� Great Oaks Academy, Farmington. 90
when fully coordinated with the exid� existing � signal Avenue, vehicles will back tuthe railroad
tracks. Also, the traffic operations and queuing did not significantly improve.
Right turn lane warrants were tested to determine if traffic levels justify the installation of a right turn
lane using the same methods asdescribed inthe earlier study. The volume oftraffic turning into the site
at the Elm Street Access has been reviewed to determine ifright turn lane warrants are satisfied. New
right turn lane warrants have been adopted by MnDOT and Minnesota Counties, including Dakota
County, based on research conducted by the North Dakota State University. The ND5U study considered
the cost versus benefit of turn lanes and produced results based on the cost of building the turn lane,
the amount of traffic traveling through the intersection and the amount of traffic turning. |nthis case,
with an urban design, it is estimated that o 1OOfoot turn lane with 6O-hoottaper would coot
approximately $50,000 to construct (not including right of way or utility relocation). The Graph below
summarizes the right turn lane warrant.
&
LANE ROADS NVITH NO CONTROL O.N.NWORAPPROACH
1.600
1,400
1300
900
800
-,00
600
500
400
300
200
100
0
0 mg 203040 50 60 .70 80d90 100 110 120 130 140150 160 170
- Low Speed ( upto 40 niph) - High Speed (niore than 40 mph)
Figure 615- Right -turn lane warrants for intersections (fuel cost $41gallon, delay
cost S I 3/hr, right -turn lane cost $50,000),
The speed onElm Street is"low speed" ot30mph inthe vicinity ofthe site, thus the blue line represents
conditions for consideration. During the 30Z9analysis year the right turn traffic from Elm Street mtthe
driveway to the parking lot is forecast 117 (RT DHV) vehicles during the morning peak time. The through
traffic passing the site during this time is forecast at 721 (DDHV) vehicles. Inspection ofthe graph show
the intersection of these two lines is above the Blue Line curve indicating that a right turn lane is
warranted at this location.
The installation ofa1OOfoot right turn lane does reduce on -site de|ayLoaccepLob|e|eve|sanddoes
reduce the 95 th percentile queue to a more manageable 120 feet in the AM Peak and 140 feet during the
8 1 P a ge Great Oaks Academy, Farmington
PM Peak. Also, with this option the traffic approaching this intersection from the east does not conflict
with the railroad track.
2030-2031 Conditions
The Great Oaks Academy isforecast tobeotfull enrollment bv3030-ZU31with 84Ustudents. The trip
generation for the school has been added to the background traffic which for this analysis includes a one
percent annual growth rate. The trip generation for the proposed K-1Ischool campus has again been
estimated using the methods described by ITE under land use code 538 Charter School K-12. For 2030-
2031 the trip generation reflects the anticipated enrollment of 840 students. Table Osummarizes the
findings. Figure 6illustrates the 2U3U-3031traffic conditions.
The traffic operations at the study intersections reflecting the continued one percent annual growth rate
in background traffic plus the K'12 School indicate that the overall operations remain acceptable at LOS
C or better during the peak hours, but the individual movement operations at the site driveway to Elm
Street isnearing capacity atLOSE. Table 11summarizes the results ofthe 3030-2031traffic conditions
for the study area intersections.
FTI
1st Street & Elm Street (Side
Overall LOS & Delay
A
4.5
A
3.8
Stop Control)
Site Access & Elm Street (Side
Overall LOS & Delay
A
8.1
A
4.7
Stop Control
Worst Mvmt. LOS& Delay
E
49.2
D
31.1
3rd Street & Elm Street (Traffic
1st Street & South Site Access
(Side Stop Control)
1st Street & Cul-Du-Sac Access
Overall LOS & Delay
A
1.7
A
2.8
(Side Stop Control)
The information in Table 11 indicates the southbound left turn at the Elm Street and the site access is
operation at LOS E with 49.2 seconds of delay, and a 95 th percentile traffic queue (only occurring for at
most 3minutes ofthe peak hour) of146feet onsite during the AMPeak hour.
9 1 P a ge Great Oaks Academy, Farmington
Again, the installation of a 100-foot right turn lane did reduce on -site delay to acceptable levels and did
reduce the 95 th percentile queue to a more manageable 120 feet.
Table 12 on the following page combines the results of the analysis for easier comparison of operating
conditions.
Conclusion
Traffic operations have been reviewed for the Great Oaks Academy site in Farmington, MN. The traffic
engineering review include additional data collection todetermine the change intraffic pattern
associated with the change in use ofthe existing retail building to Middle School classrooms. Also, the
review included the addition of a Charter High School building on site.
Five separate analyses were undertaken to reflect milestones in the development process including the
addition ofthe Middle School, the addition of9 th Graders, the full build out of the High School for all K-
12 grades, and the full maximum enrollment of the K-12 classes.
The results of the study indicate that all intersections during all review years will operate at Level of
Service C(LO3C)orbetter. The results also indicate that the exiting movement otthe direct access
intersection with Elm Street will operate at LUS E during the AM and School PM Peak times when the
High School serves all 9-12 grades.
Review ofmitigation strategies suggests the addition of right turn lane on Bnn Street atthe site access
is warranted for the 2028-2029 school year and will reduce on -site delay and queuing to acceptable
Attachment: Figures 1-6
Original Traffic Study 2/4/2022(Available upon request
10 1 P a ge Great Oaks Academy, Farnningto
CD
.P.
m
0
m zz|pame
o
Great Oaks Academy, Farmington, wm
Page 113 of 154
T
CD
0
CD
C)
-.0I GREAT UASS
1selotil
121 P age
Great Oaks Academy, Farmington, MN
Figure 1 — Site Plan (By Others)
Page 114 of 154
.1 sIIII.W
13 1 P age Great Oaks Academy, Farmington,
MN Pe@op &bM 90
•tea - *■ .;..
14 1 P a g e Great Oaks Academy, Farmingto�)16Noatflgo
15 1 P age Great Oaks Acaderny, Farmingto NA�N;Watfl go
16 1 P age Great Oaks Academy, Farmingto 10.49�U 8-bf3fl 90
------------
17 1 P a g e Great Oaks Academy, Farmingto )Au ftf)fl go
e" ht ti IN(Sr 4 titi {% P t,
?+ A Ms :
C A D E M Y
February
Alison#
Vernon,
MemorandumRe: Traffic Analysis Oak AcademI6
#
off students or around the north side of the building to a location for school buses. Teachers will enter
the site from Elm Street. All traffic school will exit to Elm Street via the Elm Street Access.
peak hour,# # s almost
This memorandum documents the existing conditions, and the anticipated site -generated traffic from
the Proposed Project and its distribution and reviews the traffic operations at the study area
intersections for year 2023 coinciding with K-S operation, and 2030 coinciding with K-12 operation. This
memorandum also summarizes the site circulation and the reviews eight turn lane warrants at the Elm
Street intersections with V Street and Site Access. The study area intersections are:
* Elm Street and V Street
* Elm Street and Site Acces
* Elm Street and 3"" Street
* V Street and South scmce
# V Street and North Accel
Were gathered during a site visit conduct In January of 2022 and are noted in Table 1.
The field review revealed V Street Is approximathly 40 feet wide without striping, and Elm Street is 42
feet wide with a two-way left turn lane, and striped 3 foot shoulders. Figure 3 shows the existing lane
geometry and traffic control at the study intersections.
TZ 07-ra mt,
on Tuesday January 0�, 2022, revealing the AM peak traffic hour occurs between 7-15 — 8:15 AM and
the School PM peak traffic hour occurs between 2:30 — 3:30 PM (See Figure 4, Existing Traffic Volumes).
FuWre Condffions
To quantify the impacts of the Proposed Project • the surrounding roadway system, it is necessary to
first anal, c I O*yt Oie tXe_
Proposed Project. (Note, in this case the grocery store traffic was not included.) The anticipated
beginning date of school operations for the Proposed Project Is in the Fall of 2022, thus the year 2023
was selected for analysis to compare traffic conditions after initial traffic patterns to and from the site
iW11 I., nded to
K-12. To determine the future traffic conditions a review of the historical daily traffic numbers for the
surrounding roads including Elm Street and Yd Street was undertaken. Historical data indicates traffic
has grown at a rate of approximately 0.8 percent in the last 20 years. To be conservative this study used
a 1.0 percent growth rate. Figum 5 and 6 illustrates the 2023 and 2030 No -Build traffic conditions with
the growth rate applied to the existing volumes.
2 1 P a
Trip Generation
ITOMMI'l M- INN U46M, #-I
peak hour.
The hew tr4�ave �eeA �WgzeUi the swrrttWjAg r*alwys lewlift-t* t�e existixg 2xj4,2AticI*1t"
travel patterns In the area. Figura 7 and a illustrates the trip assignment for the K-5 and K-12 scenarios,
N3
A final fundamental component of operational analyses is a study of vehicular queuing, or the line of
vehicles wafting to pass through an intersection. An intersection can operate with an acceptable Level
'. block entrances to turn lanes or accesses
to adjacent land uie� unsaN operating conditions could result. In this report, the Industry Design
Standard 95th percentile queue length is used. The 95* Percentile Queue Length refers to that length of
vehicle queue that has only a five -percent probability of occurring during an analysis hour.
4 1 P a g e G1,,,,,,,,,,,,,-,1, Oa
Elm Street jcSAH $0) & V Street
Worst Movement LOS & Deld B (10.2) NBL A (9.6) SBT
(Side -Street Stop -Controlled)
Percentile Queue NB - 49 NS - 47'
Overall A (L6) (1.6)
Elm Street (CSAH 50) & Site Access
Worst Movement 8 (10.8) SBL 8SBL
(Side -Street Stop -Controlled)
• Percentile Queue SB - 34 SBL - 56'
Overall
Elm Street (CSAH 50) & 314 Street
Worst Movement C EBLWBL
(Traffic Signal Controlled)
95th Percentile Queue VVBT - 197' EBT - 206'
Overall t A (09)
V Street & South Access
Worst Movement A (3.4) WBL A (33) W8L
Mde4treet Stop -Controlled)
95th Percentile Queue WS - 21' WS
overall A
A (0.0)
V Street & North Access
ftrst Movement ANBR A (0.0) NBR
(Side -Street Stop -Controlled)
-95th Percentile Queue
As shown in Table 3, the study area Intersections will operate with acceptable overall LOS B or better,
with will all movements at acceptable LOS C or better without the Proposed Project. ®. 4
summarizes the results of 2030 No -Build conditions.
t
Pa@eJE25�bM 90
Table 4
2030 No -Build
LOS & Oe*
Elm Street (CSAH 50) & V Street
Wdrst Movement LOS & DeW
B (13.2) NBL
8 (106) SBT
(Side -Street Stop -Controlled)
95th Percentile Queue
ISIS — 54'
ISIS - 49'
Overall
A (13)
A (t6)
Elm Street (CSAH 50) & Site Access
Wbothfovement
C (17.1) SBL
8 is
(Side -Street Stop -Controlled)
95M Percentile Queue
$8 - 39'
SBL - 62'
overall
8(13.7)
B (110)
0) & 31d Street Elm Street (CSAH 5
Worst Movement
C (23.4) E8L
8 (19.7) E81.
(Traffic Signal Controlled)
95th Percentile Queue229'
EBT - 234'
f x
# #
A (0.3)
V Street & South Access
Mrst Movement
A (0.4) WBL
(Side -Street Stop -Controlled) I
95th Percentile Queue
Overall
A (0.0)
Vt Street & North Access
WbW Movement
A 0.0 NBR
(Side -Street Stcip�Controlled)
95th Percentile
RIWTA W*
annual growth of background traffic.
Table 5
2023 Build
LOMS &
Elm Street (CSAH 50) & V Street Worst Movement LOS & Delay C (20.5) NBL C (16.7) SOT
(Slde�Street Stop -Controlled) I
Perrentile Queue EBL - 55' E131. - 52'
Overall A (3.6) A (3.4)
Elm Street (CSAH 50) & Site Access
Worst Movement 8 (14.1) SOL C (22.1) SOL I
(Side -Street Stop -Controlled)
95M Percentile Queue S•B - 87' SOL
Overall B (14.4) B (14.2)
Elm Street (CSAH 50) & 31d Street
WbrstMovement C (32.5) EBL C (24.1) EBL I
(Traffic Signal Controlled)
95th Percentile Queue WBT - 280' EBT - 2W
Ove mA� ll
V Street & South Access
Worst Movement A (3.4) WBL A
(Side -Street Stop -Controlled)
95M Percentile Queue WB - 221 WB - 18'
Overall
V Street & North Access Worst Movement A (2.8) NOR A (2.7) NBR
(Sidontrolled)
95M Percentile Queue NO — 58"
• # #
faculty traffic which is parking on site from the path of the bus and parent drop-off/pick-up traffic
creating a safe campus arrival and departure experience. I
1.600
1.500
1-400
1.300
11200
IJ00
I MO
900
Boo
700
600
500
400
300
200
too
0
0 10 20 30 40 50 60 70 30 90 100 UO 120 130 140 150 160 1-0
RT DUN'(*Pb)
—Low Speed (upto 40 niph) —Mgh Speed (more than 40 mph)
Speed DDHV (Vpb)
!��. 100 z150 200 25 OWO 500 1.000
40 A 38 1
148 92 61 IL 32
Figure 6. 15, Might -teams lane warnints for intemctions (ruel cost S4/gallon, delay
cost $13/hr, right-tum lane cost $50,0M).
9 1 P,
1 11111111 IpI I 1� Mill III llqlq� III I I pi 11
Afta6metft Fkums 1-"
111 P age
LE29L4—D
4) Lane Geometry A
N
XXX Stot-age Length (Approxiniat
Signal Control
Sldeop-Control
T
I
1
15
16
a r rn
�.i: �:d 1b) � � � ��
1 J _
11.. Nib �Y Y #iM 8.l ni!®tti s®arasa'.+`r
20 is
CITY QFFARM |NGTON Exhibit C
Great Oaks Academy FINDINGS OF FACT
Request for anAmendment tmConditional Use Permit to
allow for the expansion mf a Charter School within the B-2
Zoning District —115 Elm Street, Farmington, WYNG5024
(NMarch l4,202SLthe applicant requested onamendment tneConditional Use Permit toallow
for the expansion ofthe Great Oaks Charter School atthe property located at125Elm Street in
Farmington. The Planning Division for the City of Farmington now makes the following Findings of Fact
regarding the property addressed as 115 Elm Street, Farmington, MN 55024.
FINDINGS OF FACT
1. The property |slocated at 11SElm Street and iszoned 8-2(Downtown 8udnead,
2, TheB'2 Zoning District conditionally allow school uses.
3. Per the 2O4OComprehensive plan, the subject property imguided for Commercial uses.
4. C)nJanuary 11,Z822the Planning Commission granted aConditional Use Permit toallow Great
Oaks Academy tooccupy eportion ofthe property addressed em1l5Elm Street.
5. On February 10, 2023 Great Oaks Academy applied for an amendment to the previously
approved Conditional Use Permit in order to expand the use at the premises, The expansion was
tninclude the following:
a. Interior renovation of the northern most portion of the existing school building that had
been occupied bv@Bat. This was toconsist nfconverting the space into 3additional
classrooms and rasLnmonls.
h. Interior renovation of the existing strip center oDthe east side of the premises. This
was to consist of converting this space into 8 middle school classrooms, cafeteria, office
space, science room, art room and oeotvmomn.
c. Building addition tnthe northeast side ofthe existing strip center. The addition was to
include alobby area, [eatnoVn0s, storage areas and a 5,ZOOsquare foot gymnasium.
d, Removal of portions of the existing parking lot to create a courtyard to the south of the
proposed gymnasium addition along with adding greenspaceoDthe southern end ofthe
existing strip center building adjacent tothe right-mf-vvayofElm Street.
6. The Planning Commission opened apublic hearing for the February 10th application attheir
regular meeting on March 14, 2023 at which time public testimony was taken. The Commission
continued the public hearing tothe April 11m regular meeting inhopes tohave the property
owner |nattendance toanswer questions.
7. Section 10-3-5 of the City Code provides 6 criteria that must be satisfied for the Commission to
grant gConditional Use.
8. The Commission cited #2ofthe aforementioned criteria, "Theproposed use shall not involve any
element orcause any conditions that may be dangerous, injurious o,noxioum&oonyotbar
property or person and shall comply with the performance stands listed below" TheCononniss/on
had concern with the lack of a full buildout plan for the entire campus and a traffic study that
Page 140 of 154
includes full K'12enrollment projections. Without that information, the Commission could not
becertain that this criteria has been met.
S. The Commission cited #3 of the aforementioned criteria, 'The proposed use shall be constructed,
designed, sited, oriented and landscaped to produce harmonious relationship of buildings and
grounds toadjacent buildings and pnoperties"' The commission stated that byconstructing the
gymnasium and a possible future high school in the middle of the parking lot it would block the
businesses to the north and could potentially obstruct traffic flow for these businesses and that
the layout wouldn't beharmonious |nnature.
10. The Commission cited #5 of the aforementioned criteria, 'The proposed use shall organize
vehicular access and parking to minimize traffic congestion /nthe neighborhood' The
Commission stated that the Conditional Use Permit Amendment will increase vehicular and bus
traffic on Elm Street, one ofthe busiest inour community, and without sufficient planning and a
full bui|dVutp|aO this may be putting the dty'sresidents otagreater risk |nthis area,
1l.OnApril 11,2O23,the Planning Commission voted todeny the requested Conditional Use Permit
Amendment with 8vote of4-O.
12. The applicant was told that they may request an appeal to the zoning board's decision within 10
days ofthe decision, but the applicant did not pursue the appeal.
Zoning Administrator* Date: -s-IM71
Page 141 of 154
CITY OF FARMINGTON
PLANNING COMMISSION MINUTES
SPECIAL MEETING
May 30, 2023
The meeting was called to order by Chair Rotty at 6:00 p.m.
Members Present: Rotty, Tesky, Windschitl, Lehto, McAbee
Members Absent: None
Staff Present: Tony Wippler - Planning Manager
Others Present: Paul McGlynn, Margie Wesling, Cullen O'Neil, Rick Nelson,
Kevin Holm (LHB) - Great Oaks Academy
Steve Wellington, Kim Donat, Kori De Jong - Wellington
Management
2. APPROVAL OF MINUTES
None
3. PUBLIC HEARINGS
None
4. DISCUSSION
4.1 Discussion with Great Oaks Academy
Chair Rotty opened the meeting by setting his expectations for the meeting. This is
meant to be a discussion between the Commission and Great Oaks Academy. He
does not anticipate any action being taken at this meeting. Introductions were
made.
Rick Nelson addressed the Commission stating the goal of this discussion is to try to
laser focus the plan that Great Oaks Academy will be bringing back to the
Commission as something that addresses the concerns the Commission has to
ultimately get approval of the CUP. They are hoping to get a better understanding of
what the Planning Commission is looking to see from them in the application.
Paul McGlynn stated that they want to go into the June meeting with a full
understanding of the Findings of Facts and other comments and want to make sure
they meet all the criteria of the conditional use permit correctly and that their
planning is more thorough. An updated traffic study will be forthcoming shortly.
Kevin Holm, LHB, stated the primary change in the site plan is the location of the
gymnasium. It has been shifted more north and east, opening up the center of the
site more. The plan also shows a future high school addition on the north end of the
Page 142 of 154
Special Planning Commission Minutes
May30, 2023
Page 2
gymnasium addition. The plan does show the access easement through the center of
the site, extending from Elm Street to the businesses located toward the rear of the
site. The plan maintains this easement. The plan is to restrict and control the access
with this plan. Chair Rotty does have concern regarding the speed bumps that have
been put in place and because of that have cut off the access to the businesses in the
back. Commissioner Tesky appreciates the changes that were shown with the
updated site plan. She understands the need for the drive aisle.
Commissioner Windschitl inquired if the drive aisle will be open at all times to the
general public. Representatives from Great Oaks stated yes.
Rick Nelson mentioned that the dance studio hours never conflict with the school's
hours and that their main concern was the location of the proposed addition
blocking the view of their building. With the shifting of the building that has
alleviated their concern. The school has also offered to allow them to have signage
on the existing monument sign along Elm Street.
Paul McGlynn explained how drop off and pick up will function with the proposed
site plan. Mr. McGlynn indicated that the latest submittal includes specific
information on drop and pick up times.
Chair Rotty inquired what the maximum enrollment of the school will be. It will be
840 students.
Safety features within the building will include cameras on each side of the doors
and locked doors that require a fob to be let in. Once in there is a monitor and
camera and then would be buzzed into the lobby of the office. Visitors would not
have direct access to the students.
Chair Rotty inquired if there would be any student crossing between the buildings
throughout the day. Mr. McGlynn stated they want to minimize that as much as
practical. The elementary school is effectively self-contained there may be some
middle school crossing into the elementary space during construction of the
gymnasium.
Commissioner Lehto inquired about the northern green space and what that would
be used for. It would be used for passive space and is currently fenced in. The
proposed green space along Elm Street is mainly for aesthetics. Commission Lehto
inquired why the school was not pursuing to build to the north of the existing
grocery store building where the green space is. Mr. O'Neil explained it would be
extremely cost prohibitive to build in that location based on the footprint that is
available there.
Commissioner Windschitl asked if the school ever looked at constructing the
gymnasium where the existing play ground is located. That was never considered as
it would require students to cross the parking lot and drive aisle and that would be
Page 143 of 154
Special Planning Commission Minutes
May30, 2023
Page 3
undesirable. Commissioner Windschitl inquired if the school had any interest in
acquiring the retail building that the dance studio is located in. It would be a long
short based on the amount of funding they can get through bonding and it was not
something that they seriously considered.
Commissioner Windschitl inquired if the fire lane has been approved by the fire
department. This would have to be approved by the fire department if the CUP is
approved. This fire lane is based on similar fire lanes that have been constructed in
other locations.
Mr. Nelson did mention that as the school grows the amount of parent drop off and
pick up will be reduced as the busing will reach out further into the surrounding
communities to pickup and drop off students.
Chair Rotty mentioned that one of his main concerns is Elm Street, and it being one
of the busiest roads in this community. The updated traffic study will show that the
aggregate numbers are similar to a retail situation but the patterns are different.
The school will generate traffic twice a day where a successful retail will generate
the traffic throughout the day. The traffic study will also show the need for a right
turn lane into the school property off of Elm Street by the time the High School
would be built.
As part of this application, it includes the @Bat space for 3 additional elementary
classrooms. This is a critical part of the application as construction for these three
classrooms would need to start yet this year to be ready for the next school year.
The Commission does have some latitude and could split the @Bat space off as a
separate motion and action.
S. ADJOURN
MOTION by Windschitl, second by Lehto to adjourn at 7:15 p.m. APIF, MOTION
CARRIED.
Respectfully submitted,
Tony Wippler
Planning Manager
Page 144 of 154
CITY OF FARMINGTON
PLANNING COMMISSION MINUTES
REGULAR MEETING
June 13, 2023
The meeting was called to order by Chair Rotty at 7:00 p.m.
Members Present: Rotty, McAbee, Windschitl, Lehto
Members Absent: Tesky
Staff Present: Tony Wippler - Planning Manager, Jared Johnson - Planning
Coordinator
Others Present: Paul McGlynn and Cullen O'Neil - Great Oaks Academy
Paul Whiteman, Brian Zielke - Vita Attiva
Ben Ryan - Trinity Care Center
2. APPROVAL OF MINUTES
a) Approve Planning Commission Minutes
MOTION by Windschitl, second by Rotty to approve the Regular Meeting minutes of
the Planning Commission from May 9, 2023. APIF, MOTION CARRIED.
3. PUBLIC HEARINGS
Chair Rotty opened all public hearings
a. Amendment to Conditional Use Permit to allow the expansion of a Charter
School within the B-2 Zoning District - Great Oaks Academy - Planning
Manager Wippler reviewed the previous Conditional Use that was denied in
April. GOA has reapplied for a Conditional Use permit. Tony reviewed the new
concept with the board. Their expansion plans include:
1. The interior renovation of the northern most portion of the existing school
building that had been previously occupied by @Bat. This includes converting
the space into 3 additional classrooms and restroom.
2. The interior renovation of the existing strip center on the east side of the site.
This renovation would largely consist of 8 middle school classrooms, cafeteria,
office space, science room, art room and restrooms.
3. Building addition to the north side of the existing strip center. The addition
includes a lobby area, restrooms, storage areas, an approximately 5,264 square
foot gymnasium.
4. The attached plan calls for the future construction of a two story high school
that would be attached to the gymnasium addition. According to the attached
plan the High School would consist of 8 general classrooms, music room, maker
space, special needs spaces, office and larger vestibule/common space. The high
school addition would be approximately 20,000 square feet in size. The
proposed plan also provides a bituminous fire lane on the east side of the
proposed building expansion. This fire lane encroaches within a drainage and
utility easement that currently has 10" sanitary sewer line and an 8" water line.
Page 145 of 154
Planning Commission Minutes
Junel3,2023
Page 2
If approved, a condition of approval should be that an encroachment agreement
must be executed to allow the fire lane within the drainage and utility easement.
S. Removal of portions of the existing parking lot to create a courtyard to the
west of the proposed gymnasium addition along with greenspace on the
southern end of the existing strip center building adjacent to the right-of-way of
Elm Street. Fencing is proposed along the western side and portions of the
northern and southern sides of the proposed courtyard. If approved, a condition
of approval should be that additional safety precautions (i.e., bollards, fencing or
the like) must be installed along the outside perimeter of the courtyard. An
updated plan must be submitted to staff for approval. He shared the revised
proposed site plan along with the traffic plan. Middle school drop off and pick up
will utilize the Elm Street access. Elementary school drop off and pick up will
enter off First Street and exit through the Elm Street access. Public and non -
peak Great Oaks traffic will be able to come directly through the site from Elm
Street as there is an existing access easement that will remain open. Access to
the site from First Street does not have such an access easement for the general
public. If approved, a condition of approval should be that an access easement
be prepared and executed for the access off of First Street. The property is zoned
B-2 and is exempt from meeting off street parking requirements. The property
currently has 229 of street stalls within its boundary. If the plan were
constructed as proposed, parking spaces would be reduced to 161 off street
stalls, which would be sufficient to meet the requirements outlined in code for a
school use. An updated traffic study was performed as part of this application.
The study shows that right turn lanes will be warranted by the year 2028/2029
based on enrollment projections. If approved, a condition of the approval should
be that the westbound right turn lanes shall be constructed at the intersections
of Elm Street and First Street and Elm Street and the school's private entrance
within two years of CUP approval. Planning Manager Wippler went over the
criteria for the conditional use. The action requested tonight, is to approve the
amendment to the conditional use permit to allow the expansion of a school at
the property located at 115 Elm Street contingent upon the following:
1. An encroachment agreement must be executed to allow the construction of
the fire lane within the City's drainage and utility easement.
2. Additional safety precautions (i.e. bollards, fencing, etc.) must be installed
along the outside perimeter of the courtyard. An updated plan must be
submitted to staff for approval.
3. An access easement must be prepared and executed for the site access to First
Street.
4. Westbound right turn lanes must be constructed at the intersections of Elm
Street and First Street and Elm Street and the school's private access within two
years of the CUP approval. The turn lanes must meet County approval.
S. The submission and approval of all building and fire permits as deemed
necessary for the expansion.
6. Sign permit shall be submitted and approved for any exterior signage to be
placed on the buildings or site.
Page 146 of 154
Planning Commission Minutes
Junel3,2023
Page 3
Cullen O'Neil presented GOA's proposed change to the site plan. The site lines to
the 2 north businesses has been addressed by positioning the gymnasium and
future high school to the north. The strip mall will be the middle school. They
positioned it as far east as they could to maintain the central lane between the 2
buildings. The fire lane will be on the very east side adjacent to the gymnasium.
The gymnasium will be 2 stories and the high school will "wrap around" and also
be 2 stories. The gymnasium will also function as the storm shelter. Enrollment
of 840 students would be the maximum student count. The courtyard will be
green space and not recreational space. Fencing and bollards around the
courtyard will be installed for safety.
Kevin Holm, LHB Architecture, addressed the board with the traffic plan.
Paul McGlynn explained that the traffic plan includes safety guards to get
students safely through the crosswalk. Classes will start at varying times to
minimize traffic congestion and staff will also be present with red or orange
blazers to communicate the traffic. Staff communicates, before school, to the
parents and let them know what group they are in for pickup.
Mr. O'Neil - The traffic flow they are showing is for GOA only. The buses will
leave before parents get to the school to pick up their children. There is a
private easement to the north and the goal is to maintain the easement. Traffic
heading to the north buildings can flow in as normal, even during school drop off
times. Chair Rotty asked about taking up 2 lanes relating to the north businesses
and the ability to carry traffic in and out of First St. at the same time as the buses.
Mr. McGlynn indicated that he has not noticed any issues with traffic. Their
system seems to work quite well. Chair Rotty also pointed out that 2 right turn
lanes would be required in the future. Mr. O'Neil and Mr. McGlynn
acknowledged they understood.
David Marsh - 204 First St. - He feels that 2 right turn lanes would not help with
traffic as most of the traffic comes from the east. Now that the speed bumps are
in place, most people are going down First Street to get to the post office. People
come in off Elm Street and go around by the strip mall (Wengs, Verizon, etc.) and
come out on First Street. First Street was not designed for this type of traffic. A
right turn lane onto First Street would require the school purchase the
commercial building on the NE corner, there is not enough room to get a turn
lane without it. He suggested and alternate traffic plan to the commission but,
they weren't interested. He is supportive of the school but, he still has concerns
regarding traffic flow.
Chair Rotty asked Planning Manager Wippler how large the right-of-way was in
front of the commercial building along Elm Street. Planning Manager Wippler
indicated he wasn't sure off hand.
Page 147 of 154
Planning Commission Minutes
Junel3,2023
Page 4
Mr. McGlynn - He acknowledged that he has heard Mr. Marsh and will convey to
the parents that they should not arrive early and park on First Street. He
understands that it is a nuisance to the First Street residents. He will have staff
out to direct traffic every single day.
Bob Richardson -The boulevard is 10 feet wide, 5 foot sidewalk. Have they
approached the county to build the road, ramps, retaining walls, move utilities,
etc.? He has a hard time accessing his driveway and has almost been hit. The
traffic should go south on Denmark, east on Ash Street and north on Third St and
west to the entrance to the school. The turn lanes are needed now. Can you
eliminate the north easement?
Mr. O'Neil - High Schoolers will have a "cap" on how many students would be
allowed to drive. Speed bumps were put in for safety but, will be reviewed and
seen if the height could be reduced.
Chair Rotty noted that his takeaway from Mr. Marsh and Mr. Richardson's
comments would be to educate the parents about the traffic flow and safety for
residents.
Mr. McGlynn - If we need to redirect parents in a different way, to be more
respectful to the neighborhood, they will do that. He will work "keenly" with
parents to understand that the residents deserve privacy and respect.
David Marsh - Showed on the map his idea on what would work for traffic flow.
Mr. O'Neil - the County doesn't want a second entrance into the school that is
that close to the railroad crossing. Mr. Marsh explained again, that not many
parents are coming from the east. In his opinion 80% are coming from the west.
He would like to look at the traffic study. Mr. McGlynn explained he wants to
show what they have to the Planning Commission but, would be happy to look at
alternatives for traffic plans that would meet with county approval.
Commissioner Windschitl - How many students in high school are projected?
Mr. O'Neil indicated 144. What is your plan to limit the permits for high school
driver's? Mr. McGlynn explained that drivers will require permits and if they
show up without the permit, they will be asked to return home. There will be
designated parking spaces and they will not be permitted to park at post office
or other areas. 160 parking spaces are available and there are 78 spaces for
staff, that would leave 83 spaces available for high school drivers and future
staff. Member Windschitl asked about how the traffic study was done. They had
camera's on site. Windschitl - Have you discussed the fire lane with the fire
department? They have not had the conversation yet. The fire lane is shown as
20 feet wide. He doesn't believe that the right turns lanes will work. He agrees
that most traffic comes from the west. He does have concerns about traffic flow.
Again Mr. McGlynn stated he will make sure parents do not park on First Street
Page 148 of 154
Planning Commission Minutes
Junel3,2023
Page 5
and wait for their time. Mr. McGlynn said he will do what he can to encourage
students takes buses.
Commissioner Lehto asked Planning Manager Wippler if he knew what the
county would require for the turn lanes. He replied that there has been nothing
designed yet. However, the county did indicate that they would like at a
minimum, one turn lane. She asked Mr. McGlynn if they would consider moving
the courtyard to assist with congestion. He replied yes, they would consider it.
Commissioner McAbee - Shares concerns about the traffic. There is vacant retail
space to the north of the school and with the apartment building going in, the
traffic flow is a concern she has. She thanked the GOA staff for the changes they
have made and feels it is a better plan. She doesn't feel that the school falls into
compliance with the comprehensive plan.
Chair Rotty - Appreciates the work that has gone into this by GOA. He noted that
GOA has addressed a lot of his concerns. It is still a difficult decision for the
commission. He asked Tony if engineering had any issues with the plan as
submitted? Tony stated he was not aware of any issues. Has Economic
Development reviewed the plan and have any issues. Tony said they had
reviewed and there were no issues. Tony has recommended approval of this CUP
with the outlined conditions. He finds it difficult to deny. He is recommending
that they pull the @Bat portion and vote separately on these.
Motion by Windschiti second by Lehto to closed the public hearing. APIF,
Motion Carried.
Chair Rotty is clarifying the @Bat CUP, which the applicant believed was in the
application for the original CUP. Mr. McGlynn was asked if he would comply
with the conditions set forth for the CUP for the @Bat portion of the building?
Mr. McGlynn was asked if he would support the six contingencies for the CUP.
He relied, yes, he would. Chair Rotty said that he would take Mr. McGlynn at his
word that he will educate parents with regards to improving the traffic flow.
Motion by Windschiti second by McAbee to approve the amended CUP for @Bat
with the six contingencies. APIF, Motion Carried.
Motion by Lehto to approve the amended CUP with the addition of a seventh
item, she would like to see additional work done with regards to the courtyard
and traffic flow. She would like to see the courtyard moved and the turn lanes
being constructed within 2 years. She wants the traffic flow changed for the
middle school and high school. Second by Rotty. Voting for: Lehto, Rotty.
Voting against: Windschid, McAbee. Motion Failed.
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Chair Rotty would like Findings of Fact for the @Bat approval and the denial for
the Amendment to Conditional Use Permit to allow the expansion of a Charter
School within the B-2 Zoning District.
Chair Rotty reminded the applicant that they have 10 days to appeal the decision
to the city council.
b. Amendment to a Planned Unit Development - Vita Attiva at South Creek,
5140 216th Street W - Jared Johnson, Planning Coordinator introduced the
request by Vita Attiva to allow a 165 square foot monument sign to be placed in
between the amenities building and the pond. Back in 2021 the PUD agreement
with Vita Attiva outlined approved deviations from the zoning requirements
such as reduced setbacks, lot sizes, and increased building coverage. Per City
Code, monument signs cannot exceed 50 square feet in area and 5 feet in height.
The proposed monument sign is 165 square feet and 5.5 feet tall. Vita Attiva is
requesting a PUD amendment to allow the proposed monument sign to deviate
from the code requirement. Jared noted that he received an email from Christine
Schultz at 5069 - 216th St. W. who objected to this as it would block the views to
the pond from the patio area of the amenities building. Paul Whiteman
addressed the board and noted that the there is an 8 foot patio that goes all
around the building and there are scenic views from those areas. The goal of
this development was to make it a "resort" feel. They have also been working
with staff on getting a fountain in the pond. They will also landscape around the
pond.
Geraldine Jolley mentioned this sign issue came up suddenly and the way the
residents found out about it was the Public Hearing notice from the city. She and
her neighbors were negative. What is the purpose of the sign? Her and some of
her neighbors thought that the area behind the sign was a sitting are where they
could enjoy the pond and wildlife. Her opinion is that the sign belongs on Eaton
Ave. Her and her neighbors are not in favor of this sign. Mr. Whiteman
indicated they can't put the sign on Eaton Ave because it's all owned by the city.
Chair Rotty asked why the sign was so big. Mr. Whiteman indicated that the he
feels that it is a retaining wall "feel". The letters equal about 80 square feet. He
indicated that they could reduce the height. Chair Rotty asked if they have
reached out to the residents. Mr. Whiteman indicated that they hadn't really
committed to a design but, the salespeople should have been passing along the
information. Warren Johnson - he asked where the location of the sign will be.
Mr. Whiteman indicated it would be between the pond and the patio and has
been staked.
Commissioner Windshitl asked about a different location. Mr. Whiteman
explained that there is no other location. He indicated they could reduce the
height of the sign. Brian Zielke with Vita Attiva noted that they currently have
flags along Highway 50 on Peterson property but, when that sells, the flags will
need to be removed. He also indicated that when Phase 3 of the project begins,
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they could put a sign on an outlot in that phase. All they are trying to do is make
a nice entrance into the development. Chair Rotty asked how the modification
could be done. Mr. Whiteman indicated that they could reduce the wall by 6
inches and the letters by 6 inches thereby, reducing the height by one foot. Ms.
Jolley stated it isn't the height, it's the communication. Mr. Whiteman indicated
that the lack of communication was on them. They committed to making it
smaller.
Motion by Windschitl second by McAbee to close the public hearing. APIF,
Motion Carried.
Motion by Lehto to forward their decision for the amendment with the one foot
reduction in height, to the city council for approval, second by Windschitl. APIF,
Motion Carried.
c. Conditional Use Permit for Grocery Store within the B-1 Zoning District -
705 8th Street - Sultan Haque - Chair Rotty noted that the applicant requested
a continuation to the July meeting. Motion by McAbee, second by Lehto to
continue to July meeting. APIF, Motion Carried.
d. Amendment to a Planned Unit Development - Trinity Care Center - 905 Elm
Street - Planning Manager Wippler introduced the request by Farmington
Health Services for a third amendment to the PUD site plan for the property at
905 Elm Street. The original PUD, approved by City Council on November 19,
2012, contained the following site changes:
• Construction of an additional (10) bed group home for memory care
residents, identical to the one that previously opened in 2012.
• The demolition of the remaining hospital building and construction of a
utility's addition to the existing skilled nursing center.
• The construction of two (2) senior living apartment buildings on the west
side of the property.
The 2016 PUD site plan amendment made several modifications to the original
plan, including:
• Removing the two (2) senior living apartment buildings from the plan.
• Adds a twenty-nine (29) unit nursing home addition near the north end of
the site.
• Provides for a reduced front yard setback for the nursing home addition. The
setback is reduced from twenty-five (25) feet to eighteen and one-half (18
1/2') feet.
• Adds 5,997 square foot addition onto the north side of the existing nursing
home for office, storage and delivery space.
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• Shows a north/south access road that connects from 213th Street W south to
the entry drive off of Elm Street. This also shows cross access to the Pellicci
hardware site both at the north and south end of the Pellicci site.
The second amendment to the PUD site plan approved in 2019 included the
following revisions:
• The removal of the north/south access road as it was determined that this
access is not needed for fire protection services.
• Cross access to the Pellicci site (3560 213th Street W) was maintained with
the second amendment as a proposed access drive was shown that extends
from the southern boundary of the Pellicci site southeast to the Trinity entry
drive. Additionally, cross access was provided on the north end of the Trinity
site off of 213th Street to the parking lot on the north end of the Pellicci site.
Necessary easements were required to be provided for cross access at the
two locations to ensure those areas are available for construction of those
accesses by the adjacent property owner.
The third amendment, which is currently being proposed, consists of the
following site improvements:
• The removal/demolition of approximately 7,700 square feet of the existing
nursing home portion of the facility.
• The construction of a 21,127 square foot addition onto the east side of the
nursing home facility. This addition will largely consist of additional storage
area and an additional twenty (20) nursing home units. This addition will
also connect into the existing apartment building located in the northeast
portion of the site as well as the group home memory care unit on the
southeast portion of the site.
Chair Rotty asked Ben Ryan, Project Manager to answer any questions by the
commission. Chair Rotty asked about the breakdown of square footage. Motion
by Windshitl, second by Lehto to close the public hearing. APIF, Motion
Carried. Motion by McAbee second by Windschitl to approve the PUD
amendment and forward their recommendation on to City Council. APIF,
Motion Carried.
DISCUSSION
5. ADJOURN
MOTION by Windschitl, second by Lehto to adjourn at 8:45 p.m. APIF, MOTION
CARRIED.
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Respectfully submitted,
Sue Miller
Administrative Assistant
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FARMINGTON
430 Tt,Od St, Farmington, MN 550-2-4
-280-6800
RarmingtonMN,gov
REGULAR COUNCIL AGENDA MEMO
To: Mayor, Councilmembers and City Administrator
From: Shirley Buecksler, City Clerk
Department: Administration
Subject: Parks and Recreation Advisory Commission Appointment
Meeting: Regular Council - Aug 07 2023
Appointment to fill open seat on the Parks and Recreation Advisory Commission (PRAC).
A vacancy was created on the PRAC due to the resignation of one of the Commissioners earlier this
year. This vacancy was advertised on the City's website and social media, with applications due by
July 24th. Three applications were received to fill the current term through January 31, 2025.
Prior to their Work Session this evening, Council held interviews with the three applicants. Mayor
Hoyt will announce the appointment to fill the open seat at tonight's Regular City Council meeting.
Appointment is pending a successful background check by the Farmington Police Department.
Not applicable
Approve the appointment to the Parks and Recreation Advisory Commission, pending a successful
background check of the applicant, for a term ending January 31, 2025.
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