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2023-10-23 City Council Meeting Packet
AGENDA MAPLEWOOD CITY COUNCIL 7:00 P.M. Monday, October 23, 2023 City Hall, Council Chambers Meeting No. 20-23 A. CALL TO ORDER B. PLEDGE OF ALLEGIANCE C. ROLL CALL D. APPROVAL OF AGENDA E. APPROVAL OF MINUTES 1. October 09, 2023 City Council Workshop Meeting Minutes 2. October 09, 2023 City Council Meeting Minutes F. APPOINTMENTS AND PRESENTATIONS 1. Administrative Presentations a. Council Calendar Update 2. Council Presentations G. CONSENT AGENDA – Items on the Consent Agenda are considered routine and non- controversial and are approved by one motion of the council. If a councilmember requests additional information or wants to make a comment regarding an item, the vote should be held until the questions or comments are made then the single vote should be taken. If a councilmember objects to an item it should be removed and acted upon as a separate item. 1. Approval of Claims 2. Allocation of 2022 General Fund Surplus 3. 2023-2025 School Resource Officer Agreement with Independent School District 622 4. Resolution to Accept a Donation for the Youth Scholarship Fund 5. Sunset Ridge Park Playground Replacement 6. Professional Services Agreement with Leo A. Daly Architect for a Space Needs Assessment, Feasibility and Design for the East Metro Public Safety Training Facility H. PUBLIC HEARINGS – If you are here for a Public Hearing please familiarize yourself with the Rules of Civility printed on the back of the agenda. Sign in with the City Clerk before addressing the council. At the podium please state your name and address clearly for the record. All comments/questions shall be posed to the Mayor and Council. The Mayor will then direct staff, as appropriate, to answer questions or respond to comments. None I. UNFINISHED BUSINESS 1. Award of 2024 Charitable Gambling Funds 2. Snake Discovery, 831 Century Avenue North a. Conditional Use Permit Amendment Resolution b. Zoning Map Amendment Ordinance (Requires four votes) J.NEW BUSINESS None K. AWARD OF BIDS None L. ADJOURNMENT Sign language interpreters for hearing impaired persons are available for public hearings upon request. The request for this must be made at least 96 hours in advance. Please call the City Clerk’s Office at 651.249.2000 to make arrangements. Assisted Listening Devices are also available. Please check with the City Clerk for availability. RULES OF CIVILITY FOR THE CITY COUNCIL, BOARDS, COMMISSIONS AND OUR COMMUNITY Following are rules of civility the City of Maplewood expects of everyone appearing at Council Meetings - elected officials, staff and citizens. It is hoped that by following these simple rules, everyone’s opinions can be heard and understood in a reasonable manner. We appreciate the fact that when appearing at Council meetings, it is understood that everyone will follow these principles: Speak only for yourself, not for other council members or citizens - unless specifically tasked by your colleagues to speak for the group or for citizens in the form of a petition. Show respect during comments and/or discussions, listen actively and do not interrupt or talk amongst each other. Be respectful of the process, keeping order and decorum. Do not be critical of council members, staff or others in public. Be respectful of each other’s time keeping remarks brief, to the point and non-repetitive. E1 MINUTES MAPLEWOOD CITY COUNCIL MANAGER WORKSHOP 6:15 P.M. Monday,October09, 2023 City Hall, Council Chambers A.CALL TO ORDER A meeting of the City Council was heldin the City Hall Council Chambers and was called to order at6:15 p.m.by Mayor Abrams. B.ROLL CALL Marylee Abrams, MayorPresent Rebecca Cave, CouncilmemberPresent Kathleen Juenemann, CouncilmemberPresent Chonburi Lee, CouncilmemberPresent Nikki Villavicencio, CouncilmemberPresent C.APPROVAL OF AGENDA CouncilmemberLeemoved toapprove the agenda as submitted. Seconded by CouncilmemberCave Ayes– All The motion passed. D.UNFINISHED BUSINESS None E.NEW BUSINESS 1.Sacred Communities and Micro-Unit Dwellings Discussion Community Development Director Parr gave the presentation.City Attorney Batty provided additional information. The city council discussed the topic, asked questions of staffand provided direction to staff. No action required. D.ADJOURNMENT Mayor Abramsadjourned the meetingat6:52p.m. October 09, 2023 Council Manager Workshop Minutes 1 Council Packet Page Number 1 of 170 E2 MINUTES MAPLEWOOD CITY COUNCIL 7:00 P.M. Monday, October09, 2023 City Hall, Council Chambers Meeting No. 19-23 A.CALL TO ORDER A meeting of the City Council was held in the City Hall Council Chambersand was called to order at7:00p.m. byMayor Abrams. B.PLEDGE OF ALLEGIANCE C.ROLL CALL Marylee Abrams, MayorPresent Rebecca Cave, CouncilmemberPresent Kathleen Juenemann, CouncilmemberPresent Chonburi Lee, CouncilmemberPresent Nikki Villavicencio, CouncilmemberPresent D.APPROVAL OF AGENDA The following items were added to Council Presentations: Food Scrap Program Ponds Fire Station Open House CouncilmemberLeemoved to approve the agenda as amended. Seconded by CouncilmemberJuenemann Ayes – All The motion passed. E.APPROVAL OF MINUTES 1.September 25, 2023 City CouncilMeeting Minutes CouncilmemberCavemoved to approve the September 25, 2023 City CouncilMeeting Minutes assubmitted. Seconded by CouncilmemberJuenemannAyes – All The motion passed. F.APPOINTMENTS AND PRESENTATIONS 1.Administrative Presentations a.Council Calendar Update City ManagerColemangave an update to the council calendar and reviewed other topics of concern or interest requested by councilmembers. October 09, 2023 City Council Meeting Minutes 1 Council Packet Page Number 2 of 170 E2 2.Council Presentations Food Scrap Program Mayor Abramsannounced the Maplewood food scraps program is up and runningand residents can order compost bags online. Fire Station Open House Mayor Abramsthanked Maplewood Public Safety for the successful open house, and thanked Costco for donating food for the event. Ponds Mayor Abrams shared an email from Ramsey County and the concept created by D R Horton for a redevelopment of the PondsGolf Course. Community Development Director Parr gave additional information on some of the city processes that wouldtake place if approved by Ramsey County. 3.Swearing-In Ceremony for Firefighter/Paramedics Nick Cook, Tyson Sohrweide, Tanner Cook, Grady Nelson and John Hagen Fire& EMS Chief Mondor introduced Firefighter/Paramedics Nick Cook, Tyson Sohrweide, Tanner Cook, Grady Nelson and John Hagen. City Clerk Sindt administered the oath before the pinning of their badges. No action required. 4.Lights On! ProgramPresentation Public Safety Director Bierdeman gave the staff report. John Harrington, CEO, and Sherman Patterson, Vice President with MicroGrants Lights On!and Mark Haase, Assistant Ramsey County Attorney,provided a description of the program. CouncilmemberJuenemann moved to approve the Maplewood Police Department partnership with the Lights On! Program. Seconded by Councilmember LeeAyes – All The motion passed. G.CONSENT AGENDA – Items on the Consent Agenda are considered routine and non- controversial and are approved by one motion of the council. If a councilmember requests additional information or wants to make a comment regarding an item, the vote should be held until the questions or comments are made then the single vote should be taken. If a councilmember objects to an item it should be removed and acted upon as a separate item. Agenda item G8 was highlighted. CouncilmemberCavemoved toapprove agenda items G1-G9. October 09, 2023 City Council Meeting Minutes 2 Council Packet Page Number 3 of 170 E2 Seconded by CouncilmemberJuenemannAyes – All The motion passed. 1.Approval of Claims vemoved to approve the approval of claims. CouncilmemberCa ACCOUNTS PAYABLE: $ 636,859.60 Checks # 111417 thru # 111439 dated 9/21/23 $ 346,237.21 Disbursements via debits to checking account dated 09/18/23 thru 10/01/23 $ 983,096.81 Total Accounts Payable PAYROLL Payroll Checks and Direct Deposits $ 672,726.53 dated9/29/23 $ 672,726.53 Total Payroll $ 1,655,823.34 GRAND TOTAL Seconded by CouncilmemberJuenemannAyes – All The motion passed. 2.Resolutions Supporting Applications for Environmental Cleanup Grants, 1375 Frost Avenue East CouncilmemberCavemoved to approve the resolutions of support for grant applications to the Metropolitan Council’s Tax Base Revitalization Account fund and Ramsey County’s Environmental Response fund. Resolution 23-10-2251 RESOLUTION AUTHORIZING APPLICATION FOR METROPOLITAN COUNCIL’S TAX BASE REVITALIZATION ACCOUNT FUNDS FOR BEACON INTERFAITH HOUSING COLLABORATIVE’S PROJECT AT 1375 FROST AVENUE EAST WHEREAS the City of Maplewood is a participant in the Livable Communities Act's Local Housing Incentives Account Program for 2023 as determined by the Metropolitan Council, and is therefore eligible toapply for funds under the Tax Base Revitalization Account; and WHEREAS the City has identified a contamination cleanup project within the City that meets the Tax Base Revitalization Account’s purposes and criteria and is consistent with and promotes the purposes of the Metropolitan Livable Communities Act and the policies of the Metropolitan Council’s adopted metropolitan development guide; and October 09, 2023 City Council Meeting Minutes 3 Council Packet Page Number 4 of 170 E2 WHEREAS the City has the institutional, managerial, and financial capability to ensure adequate project and grant administration; and WHEREAS the City certifies that it will comply with all applicable laws and regulations as stated in thecontractgrant agreements; and WHEREAS the City finds that the required contamination cleanup will not occur through private or other public investment within the reasonably foreseeable future without Tax Base Revitalization Account grant funding; and WHEREASthe City represents that it has undertaken reasonable and good faith efforts to procure funding for the activities for which Livable Communities Act Tax Base Revitalization Account funding is sought but was not able to find or secure from other sources funding that is necessary for cleanup completion and states that this representation is based on the following reasons and supporting facts: 1.Finds that it is in the best interests of the City's development goals and priorities for the proposed project to occur at this particular site and at this particular time. 2.Finds that the project components for which Livable Communities Act Tax Base Revitalization Account funding is sought will not occur solely through private or other public investment within the reasonably foreseeable future. BE IT FURTHER RESOLVED that, the City Council of Maplewood authorizes Beacon Interfaith Housing Collaborativeand city staff to submit an application for Metropolitan Council Tax Base Revitalization Account grant funds and, if the City is awarded a Tax Base Revitalization Account grant for this project, the City will be the grantee and agrees toact as legal sponsorto administer and be responsible for grant funds expended for the project contained in the Tax Base Revitalization grant application submitted no later than November 1, 2023. Resolution 23-10-2252 SUPPORT OF AN ENVIRONMENTAL RESPONSE FUND GRANT APPLICATION FOR BEACON INTERFAITH HOUSING COLLABORATIVE’S PROJECT AT 1375 FROST AVENUE EAST WHEREAS the City of Maplewood has been supportive of Beacon Interfaith Housing Collaborative and its plans for a 40-unit, three-story multi-family project at 1375 Frost Avenue East; therefore, BE IT FURTHER RESOLVED that the Maplewood City Council has approved Beacon Interfaith Housing Collaborative’s project and supports an Environmental Response Fund grant application, which is being submitted to Ramsey County no later than November 1st, 2023, by Beacon Interfaith Housing Collaborative. Seconded by CouncilmemberJuenemannAyes – All The motion passed. 3.Resolutions Supporting Applications for Grants, 1310 Frost Avenue East October 09, 2023 City Council Meeting Minutes 4 Council Packet Page Number 5 of 170 E2 CouncilmemberCavemoved to approvethe resolutions of support for grant applications to the Minnesota Department of Employment and Economic Development’s Contamination Cleanup fund and Ramsey County’s Critical Corridors Development and Infrastructure fund. Resolution 23-10-2253 RESOLUTIONIDENTIFYING THE NEED FOR MINNESOTA’S DEPARTMENT OF EMPLOYMENT AND ECONOMIC DEVELOPMENT’S CONTAMINATION CLEANUP FUNDING AND AUTHORIZING APPLICATION FOR GRANT FUNDS FOR JB VANG’S PROJECT AT 1310 FROST AVENUE EAST BE IT RESOLVED that the city of Maplewood has approved the Contamination Cleanup grant application submitted to the Department of Employment and Economic Development (DEED) no later than November 1, 2023 by the City of Maplewood in partnership with JB Vang, for the 1310 Frost Avenue East site. BE IT FURTHER RESOLVED that the city of Maplewood is located within the seven- county metropolitan area defined in section 473.121, subdivision 2, and is participating in the local housing incentives program under section 473.254. BE IT FURTHER RESOLVED that the City of Maplewood act as the legal sponsor for the project contained in the Contamination Cleanup Grant Program to be submitted no later than November 1, 2023 and that the Assistant Community Development Director is hereby authorized to apply to the Department of Employment and Economic Development for funding of this project. BE IT FURTHER RESOLVED that the City of Maplewood has the legal authority to apply for financial assistance, and the institutional, managerial, and financial capability to ensure adequate project administration. BE IT FURTHER RESOLVED that the sources and amounts of the local match identified in the application are committed to the project identified. BE IT FURTHER RESOLVED that JB Vang has not violated any Federal, State or local laws pertaining to fraud, bribery, graft, kickbacks, collusion, conflict of interest or other unlawful or corrupt practice. BE IT FURTHER RESOLVED that upon approval of its application by the state the City of Maplewood may enter into an agreement with the State of Minnesota for the above- referenced project, and that the City of Maplewood certifies that it will comply with all applicable laws and regulation as stated in all contract agreements. NOW, THEREFORE BE IT FINALLY RESOLVED that the Mayor and the Clerk are hereby authorized to execute such agreements as are necessary to implement the project on behalf of the applicant. I CERTIFY THAT the above resolution was adopted by the City Council of Maplewood on October 9, 2023 54 Resolution 23-10-22 SUPPORT OF CRITICAL CORRIDOR’S DEVELOPMENT AND INFRASTRUCTURE GRANT APPLICATION FOR JB VANG’S PROJECT AT 1310 FROST AVENUE EAST October 09, 2023 City Council Meeting Minutes 5 Council Packet Page Number 6 of 170 E2 WHEREAS the City of Maplewood has been supportive of JB Vang and its plans for a 65-unit, four-story multi-family project at 1310 Frost Avenue East; WHEREAS the Maplewood City Council approved a condition use permit and design plans for JB Vang’s project on May 8, 2023; therefore, BE IT FURTHER RESOLVED that theMaplewood City Council has approved JB Vang’sproject and supports a critical corridors development and infrastructure grant application, which is being submitted to Ramsey County by JB Vang. Seconded by CouncilmemberJuenemannAyes – All The motion passed. 4.Agreement for Professional Services with Consultant Keith Streff vemoved to approve the Agreement for Professional Services with CouncilmemberCa consultant Keith Streff. Seconded by CouncilmemberJuenemannAyes – All The motion passed. 5.Local Lawful Gambling Permit for Ducks Unlimited, Unison Restaurant and Banquet, 1800 White Bear Avenue N CouncilmemberCavemoved to approve the Local Lawful Gambling permit for Ducks Unlimited Capitol Chapter MN253, for their event on November 1, 2023 at Unison Restaurant and Banquet, 1800 White Bear Avenue N. Seconded by CouncilmemberJuenemann Ayes – All The motion passed. 6.Resolution Amending Retiree Health Savings Plan and Adoption Agreement for Non-Union and Police Lieutenant Employees Councilmember Cavemoved to approve the resolution amending the Retiree Health Savings Plan and Adoption Agreement for Non-Union and Police Lieutenant Employees. Resolution 23-10-2255 RESOLUTION FOR AMENDMENT OF THEMISSIONSQUARE RETIREMENT HEALTH SAVINGS (RHS) PROGRAM Plan: 800183 Name of Employer: City of MaplewoodState: Minnesota Resolution of the above-named Employer (the “Employer”): WHEREAS, the Employer has employees rendering valuable services, and October 09, 2023 City Council Meeting Minutes 6 Council Packet Page Number 7 of 170 E2 WHEREAS, the amendment of its existing retiree health savings plan for such employees services the interest of the Employer and Employees. NOW, THEREFORE BE IT RESOLVED, that the Employer hereby amends the Plan in the form of MissionSquare’s Retiree Health Savings (RHS) Program. I, Andrea Sindt, Clerk ofthe City of Maplewood, do hereby certify that the foregoing th resolution was duly passed and adopted at a regular meeting thereof assembled this 9day of October, 2023, by the Maplewood City Council. Seconded by CouncilmemberJuenemann Ayes – All The motion passed. 7.Resolution Accepting the Labor-Management Committee’s Recommendation for 2024 Employee Insurance Benefits CouncilmemberCavemoved to approve the resolution affirming recommendations from the Labor-Management Committee for all 2024 employee insurance benefits. Resolution 23-10-2256 RESOLUTION WHEREAS, The Labor-Management Committee met, reviewed and discussed the renewal information from all providers; and WHEREAS, Consensus from the Labor-Management Committee is to recommend approval of all employee benefits and renewals for 2024; and WHEREAS, funding for the plan renewals is reflected in the Maplewood 2024 Proposed Budget. THEREFORE, BE IT RESOLVED that the Maplewood City Council hereby affirms the recommendations of theLabor-Management Committee regarding 2024 employee insurance benefits for the City of Maplewood Seconded by CouncilmemberJuenemannAyes – All The motion passed. 8.Collective Bargaining Agreement with IAFF Captains a.2022 Contract b.2023 – 2025 Contract CouncilmemberCavemoved to approve the 2022 Collective Bargaining Agreement between the City of Maplewood and IAFF Fire Captains and authorize the Mayor and City Manager to execute the contract on behalf of the City. Seconded by CouncilmemberJuenemann Ayes – All October 09, 2023 City Council Meeting Minutes 7 Council Packet Page Number 8 of 170 E2 The motion passed. vemoved to approve the 2023 - 2025 Collective Bargaining Agreement CouncilmemberCa between the City of Maplewood and IAFF Fire Captains and authorize the Mayor and City Manager to execute the contract on behalf of the City. Seconded by CouncilmemberJuenemannAyes – All The motion passed. 9.Microsoft Software Subscription Renewal vemoved to approve Microsoft software subscription renewal payment. CouncilmemberCa Seconded by CouncilmemberJuenemannAyes – All The motion passed. H.PUBLIC HEARINGS– If you are here for a Public Hearing please familiarize yourself with the Rules of Civility printed on the back of the agenda. Sign in with the City Clerk before addressing the council. At the podium please state your name and address clearly for the record. All comments/questions shall be posed to the Mayor and Council. The Mayor will then direct staff, as appropriate, to answer questions or respond to comments. None I.UNFINISHED BUSINESS None J.NEW BUSINESS 1.Review of Applications for 2024 Charitable Gambling Funds City Manager Coleman gave the staff report and explained the process of allocating the funds. No Action Required. 2.Snake Discovery, 831 Century Avenue North a.Conditional Use Permit Amendment Resolution b.Zoning Map Amendment Ordinance (Requires four votes) Community Development Director Parr gave the presentation. City Attorney Batty provided additional information. Mayor Abrams allowed the public to comment on the agenda item. The following people spoke: Rob Stenger – 814 Mayhill Road N th Joseph Koegel – 2677 7Street E th Roseann Cronk – 2695 7Street E th Ron Betzold – 2687 7Street E Tom Dougherty – 778 Mayhill Road Angie Rangitsch – 817 Mayhill Road Tim Koenig – 825 Mayhill Road N October 09, 2023 City Council Meeting Minutes 8 Council Packet Page Number 9 of 170 E2 Emily Roberts – 831 Century Avenue N th BryanAarthun – 2707 7Street E th Angie Cronk – 2695 7Street E Council discussed the item and asked questions of staff. Mayor Abramsmoved to table the Snake Discoverydiscussion concerning the CUPand zoning until the nextcouncilmeeting and directed staff to revise theproposedCUP. Seconded by CouncilmemberVillavicencioAyes – Mayor Abrams Councilmember Cave Councilmember Juenemann Councilmember Villavicencio Nay – Councilmember Lee The motion passed. K.AWARD OFBIDS None L.ADJOURNMENT Mayor Abramsadjourned the meeting at9:06 p.m. October 09, 2023 City Council Meeting Minutes 9 Council Packet Page Number 10 of 170 F1a CITY COUNCIL STAFF REPORT Meeting DateOctober 23, 2023 REPORT TO: City Council REPORT FROM: Melinda Coleman, City Manager PRESENTER: Melinda Coleman, City Manager AGENDA ITEM: Council Calendar Update Action Requested: Motion Discussion Public Hearing Form of Action: Resolution Ordinance Contract/Agreement Proclamation Policy Issue: This item is informational and intended to provide the Council an indication on the current planning for upcoming agenda items and the Work Session schedule. These are not official announcements of the meetings, but a snapshot look at the upcoming meetings for the City Council to plan their calendars. Recommended Action: No motion needed. This is an informational item. Upcoming Agenda Items and Work Sessions Schedule: December 11: EDA Meeting: Community Development Projects Update Council Meeting: Adoption of 2024 Budget Council Comments: Comments regarding Workshops, Council Meetings or other topics of concern or interest. 1. Research translating of city policies (September 25, 2023) Council Schedule for Maplewood Living through May 2024: Issue Contributor Due Date Melinda November 13, 2023 December 2023 Abrams December 15, 2023 January 2024 Juenemann January 17, 2024 February 2024 Cave February 16, 2024 March 2024 Villavicencio March 15, 2024 April 2024 Lee April 17, 2024 May 2024 Council Packet Page Number 11 of 170 F1a 2023 Major Community Outreach Events ƩǒƓƉ ƚƩ ƩĻğƷ {ğƷǒƩķğǤ hĭƷƚĬĻƩ ЋБͲ ЋЉЋЌ ΛЊ Α Ѝ ƦƒΜ City Hall Parking Lot {ğƓƷğ tğƩğķĻ Saturday December 9, 2023 (morning hours) City Wide Event Council Packet Page Number 12 of 170 G1 Council Packet Page Number 13 of 170 G1, Attachments Council Packet Page Number 14 of 170 G1, Attachments Council Packet Page Number 15 of 170 G1, Attachments Council Packet Page Number 16 of 170 G1, Attachments Council Packet Page Number 17 of 170 G1, Attachments Council Packet Page Number 18 of 170 G1, Attachments Council Packet Page Number 19 of 170 G1, Attachments Council Packet Page Number 20 of 170 G1, Attachments Council Packet Page Number 21 of 170 G1, Attachments Council Packet Page Number 22 of 170 G1, Attachments Council Packet Page Number 23 of 170 G1, Attachments Council Packet Page Number 24 of 170 G1, Attachments Council Packet Page Number 25 of 170 G1, Attachments Council Packet Page Number 26 of 170 G1, Attachments Council Packet Page Number 27 of 170 G1, Attachments Council Packet Page Number 28 of 170 G1, Attachments Council Packet Page Number 29 of 170 G1, Attachments Council Packet Page Number 30 of 170 G2 CITY COUNCIL STAFF REPORT Meeting Date October 23, 2023 REPORT TO: Melinda Coleman, City Manager REPORT FROM: Joe Rueb, Finance Director PRESENTER: Joe Rueb, Finance Director AGENDA ITEM: Allocation of 2022 General Fund Surplus Action Requested: Motion Discussion Public Hearing Form of Action: Resolution Ordinance Contract/Agreement Proclamation Policy Issue: The General Fund carried over $2.5M in reserves not designated for cash flow. The reserves were a carryover from fiscal year 2022, and will not be required as a potential funding source for new projects. The City Council has discretion over these funds and can allocate the excess fund balance, as deemed appropriate. Fund balance requirements increase with inflation over time; therefore, it is prudent to consider allocating less than the amount available. Recommended Action: Motion to adopt the Resolution Allocating $1,150,000 in General Fund Surplus. Fiscal Impact: Is There a Fiscal Impact? No Yes, the true or estimated cost is N/A Financing source(s): Adopted Budget Budget Modification New Revenue Source Use of Reserves Other: N/A Strategic Plan Relevance: Financial Sustainability Integrated Communication Targeted Redevelopment Operational Effectiveness Community Inclusiveness Infrastructure & Asset Mgmt. The surplus allocations will affect most areas of the strategic plan, especially asset management. Background Staff has submitted a list of General Fund allocation recommendations for consideration by the City Council. This report reflects those recommendations. An allocation was delayed due to a market value adjustment of the investment portfolio that has since been resolved in the market. The recommendations are based on areas of need from a long-term financial perspective. The next page includes extensive detail of the recommendations. The City Council and staff will evaluate the General Fund surplus on an annual basis. Council Packet Page Number 31 of 170 G2 Recommendations for Allocations 1.ParksFund$300,000 The Parks Department is planning on upgrading Goodrich Park in the next two years.The established financing source in the CIP is debt issuance. This allocation, coupled with park dedication fees, will allow the Parks Department to complete this project without borrowing. 2. Parks Fund – Environment and Climate Adaptation Plans $45,000 The City does not have a dedicated funding source for environmental initiatives. The Environment/Natural Resources Commission has requested funding to study how the City can be more proactive with environmental and climate adaptation initiatives. This allocation will allow the City to move forward with the planning process by hiring a consultant to help develop the plans. These funds will be spent in 2024. 3. Building Fund $200,000 The City levies $300,000 per year in property taxes for the Building Fund to finance repair and maintenance projects for existing buildings. The fund received $250,000 from a previous surplus allocation. Existing funding levels make it difficult to adequately maintain the buildings and fund large projects. A one-time allocation of $200,000 to this fund will provide flexibility and allow for completion of deferred projects. The five-year CIP includes over $1M in projects, with no consideration for contingencies. 4. MCC Capital Fund $150,000 Capital needs at the Maplewood Community Center are financed through a tax levy, which provides funding for that year. However, the roof has been identified as a replacement project for the near future, at a cost approaching $1M. The City will need to raise its annual levy to finance this project. This one-time allocation will alleviate a portion of the tax burden. 5. Information Technology Fund $355,000 The IT Fund is an internal services fund that finances technology operations and equipment through internal user charges. The City’s financial software is 22 years old and needs an upgrade to obtain better operational efficiency. The software is subscription based and will be financed through user charges in the future. This allocation will pay for the initial purchase and implementation costs of the upgraded financial package as well as updated equipment in the Maplewood Room. 6. Fleet Fund $100,000 The Fleet Fund accounts for the purchase of public works vehicles and equipment. Funding comes from internal services charges from the General Fund and the Utility Funds, supported by a tax levy and utility revenues. The annual requirement is approximately $600,000 for fleet replacement. Due to continually rising equipment costs, it is difficult to maintain adequate cash flow. An increase of 10% per year in service charges is required for the 2023-2027 CIP period to fund equipment needs. This one-time allocation will mitigate the need for increases to the tax levy and ensure a sustainable fund balance. TOTAL ALLOCATIONS $1,150,000 Attachments 1. Resolution Allocating $1,150,000 of General Fund Surplus Council Packet Page Number 32 of 170 G2, Attachment 1 CITY OF MAPLEWOOD RESOLUTION NO. xxxxx RESOLUTION ALLOCATING $1,150,000 OF GENERAL FUND SURPLUS WHEREAS, the City of Maplewood has a comprehensive set of financial policies, including a Reserves Policy; and WHEREAS, the purpose of the Reserves Policy is to provide financial stability through the maintenance of reserve funds for unanticipated expenditures or unforeseen emergencies, and to provide adequate working capital for current operating needs to avoid short-term borrowing; and WHEREAS, in establishing an appropriate fund balance (reserves), the City needs to consider the demands of cash flow, capital asset purchases, need for emergency reserves, ability to manage fluctuations of major revenue sources, credit ratings, and long-term fiscal health; and WHEREAS, the City’s Reserves Policy requires an unassigned fund balance in the General Fund at a minimum of 41.67%, with a desired level of 50%, of annual General Fund operating expenditures; and WHEREAS, the City’s General Fund unassigned reserves exceed the 50% desired level of operating expenditures; and WHEREAS, City staff have reviewed areas of need from a long-term financial management perspective. THEREFORE, BE IT RESOLVED that the Maplewood City Council allocates $1,150,000 in General Fund surplus unassigned reserves as follows: Parks Fund $ 300,000 Parks Fund for Environmental $ 45,000 Building Fund $ 200,000 MCC Capital Fund $ 150,000 Information Technology Fund $ 355,000 Fleet Fund $ 100,000 Total Allocation $1,150,000 BE IT FURTHER RESOLVED that authorization be given to the Finance Director to make the accounting entries necessary to transfer the funds. Council Packet Page Number 33 of 170 G3 CITY COUNCIL STAFF REPORT Meeting Date October 23, 2023 Melinda Coleman, City Manager REPORT TO: REPORT FROM: Brian Bierdeman, Public Safety Director PRESENTER: Brian Bierdeman, Public Safety Director AGENDA ITEM: 2023 Î 2025 School Resource Officer Agreement with Independent School District 622 Action Requested: MotionDiscussion Public Hearing Form of Action: Resolution OrdinanceContract/Agreement Proclamation Policy Issue: City Council approval is requested to sign the contract with Independent School District 622 to provide School Resource Officer services for the next two years. Recommended Action: Motion to approve the 2023 Î 2025 School Resource Officer Agreement with Independent School District 622. Fiscal Impact: Is There a Fiscal Impact? No Yes, the true or estimated cost is $216,370.00 Financing source(s): Adopted Budget Budget Modification New Revenue Source Use of Reserves Other: N/A Strategic Plan Relevance: Community InclusivenessFinancial & Asset MgmtEnvironmental Stewardship Integrated Communication Operational EffectivenessTargeted Redevelopment City Council approval is required to sign the agreement. Background: For the past several decades, the Maplewood Police Department has provided School Resource Officer services to Independent School District 622. The school district in return has paid the City of Maplewood part of the salary costs for the officer assigned to this position. The city is responsible to pay the officerÓs salary, benefits and training costs, and the school district will contribute $104,407.00 in the 2023-2024 school year and $111,963.00 in the 2024-2025 school year for a total contribution of $216,370.00. Attachments: 1.2023 - 2025 School Resource Officer Agreement with Independent School District 622 Council Packet Page Number 34 of 170 G3, Attachment 1 Council Packet Page Number 35 of 170 G3, Attachment 1 Council Packet Page Number 36 of 170 G3, Attachment 1 Council Packet Page Number 37 of 170 G3, Attachment 1 Council Packet Page Number 38 of 170 G3, Attachment 1 Council Packet Page Number 39 of 170 G3, Attachment 1 Council Packet Page Number 40 of 170 G3, Attachment 1 Council Packet Page Number 41 of 170 G3, Attachment 1 Council Packet Page Number 42 of 170 G4 CITY COUNCILSTAFF REPORT Meeting Date October 23, 2023 REPORT TO: Melinda Coleman, City Manager REPORT FROM: Steven Love, Public Works Director/City Engineer Audra Robbins, Parks and Natural Resources Manager Neil Breneman, Recreation Program Supervisor PRESENTER:Audra Robbins, Parks and Natural Resources Manager AGENDA ITEM: Resolution to Accept Donations for the Youth Scholarship Fund Action Requested: MotionDiscussion Public Hearing Form of Action: Resolution Ordinance Contract/Agreement Proclamation Policy Issue: Accepting donation check from Mik Mart Ice Cream ($77.02) for our youth scholarship fund. These funds are proceeds from fundraiser days. Recommended Action: Motion to approve the resolution accepting donation in the amount of $77.02 from Mik Mart Ice Cream and to authorize the Finance Director to increase the Youth Scholarship Fund budget by that amount: $77.02. Fiscal Impact: Is There a Fiscal Impact? No Yes, the true or estimated cost is $77.02 Financing source(s): Adopted Budget Budget Modification New Revenue Source Use of Reserves Other: Donation Strategic Plan Relevance: Financial SustainabilityIntegrated CommunicationTargeted Redevelopment Operational EffectivenessCommunity InclusivenessInfrastructure & Asset Mgmt. Donation to youth scholarship fund, which helps cover cost of recreation programs for community members that are in need of financial assistance. Background These funds are proceeds from fundraiser days at our July and September Celebrate Summer Events in which a percentage of Mik Mart’s sales are donated. Attachments 1.Resolution Accepting Donation Council Packet Page Number 43 of 170 G4, Attachment 1 CITY OF MAPLEWOOD, MINNESOTA RESOLUTION NO. ____ ACCEPTANCE OF DONATION WHEREAS the City of Maplewood and the Parks and Natural Resources Department has received donations of $77.02 in support of the department; NOW, THEREFORE, BE IT RESOLVED that the Maplewood City Council authorizes the City of Maplewood, Parks and Natural Resources Department to accept this donation. Adopted this 23th day of October, 2023. _________________________________ Marylee Abrams, Mayor ATTEST: ________________________________ Andrea Sindt, City Clerk Council Packet Page Number 44 of 170 G5 CITY COUNCILSTAFF REPORT Meeting Date October 23, 2023 REPORT TO: Melinda Coleman, City Manager REPORT FROM: Steven Love, Public Works Director/City Engineer Audra Robbins, Parks and Recreation Manager PRESENTER:Audra Robbins, Parks and Recreation Manager AGENDA ITEM: Sunset Ridge Park Playground Replacement Action Requested: MotionDiscussion Public Hearing Form of Action: Resolution Ordinance Contract/Agreement Proclamation Policy Issue: As part of the Parks System Master Plan implementation, staff is proposing to replace the playground at Sunset Ridge Park. This replacement will be funded through the Park Improvement Fund with a not to exceed budget amount of $130,000. Staff is recommending using Northland Recreation/Little Tikes for this project and purchasing directly off of the State Purchasing Contract. Recommended Action: Motion to approve the replacement of the Sunset Ridge Park Playground and authorize the City Manager and the Mayor to enter into a contract with Northland Recreation/Little Tikes (State Contract #030117-LTS) with a not to exceed budget of $130,000. Fiscal Impact: Is There a Fiscal Impact? No Yes, the true or estimated cost is $129,651.90 Financing source(s): Adopted Budget Budget Modification New Revenue Source Use of Reserves Other: Monies for this project are included in the 2023 CIP PM07.010 utilizing the Park Improvement Fund. Staff is asking City Council to approve this project with a not to exceed budget of $130,000. Strategic Plan Relevance: Financial SustainabilityIntegrated CommunicationTargeted Redevelopment Operational EffectivenessCommunity InclusivenessInfrastructure & Asset Mgmt. The Parks System Master Plan states taking care of the existing parks system was found to be Maplewood’s highest community priority. This means reinvesting in and upgrading parks and facilities. Council Packet Page Number 45 of 170 G5 Background Sincethe adoption of the Parks System Master Plan in early 2015, staff has been working with the Parks and Recreation Commission and the City Council on an implementation plan. Some of the major outcomes of the plan were to take care of what we have and to improve upon our facilities. Staff began working with Northland Recreation/Little Tikes through the State Purchasing Contract for the design of the playground equipment in 2023. The Parks and Recreation Commission approved the design options. At a neighborhood meeting in August, residents and park users were able to view the designs and color schemes and vote for their favorite. This input was incorporated into the final design. If approved, construction of the playground would begin in spring of 2024. Attachments 1.Sunset Ridge Park Playground Quote Council Packet Page Number 46 of 170 G5, Attachment 1 Council Packet Page Number 47 of 170 G5, Attachment 1 Council Packet Page Number 48 of 170 G5, Attachment 1 Council Packet Page Number 49 of 170 G5, Attachment 1 Council Packet Page Number 50 of 170 G6 CITY COUNCILSTAFF REPORT Meeting Date October 9, 2023 REPORT TO:Melinda Coleman, City Manager REPORT FROM: Michael Mondor, Fire and EMS Chief PRESENTER:Michael Mondor, Fire and EMS Chief AGENDA ITEM: Professional Services Agreement with Leo A. Daly Architect for a Space Needs Assessment, Feasibility and Design for the East Metro Public Safety Training Facility Action Requested: MotionDiscussion Public Hearing Form of Action: Resolution OrdinanceContract/Agreement Proclamation Policy Issue: The East Metro Public Safety Training Facility officially opened in 2016. The facility was primarily built as a fire training facility and there is a demonstrated need to allow for all public safety professions and their partners to train together. The City of Maplewood was awarded $75,000 of bonding money from the last legislative session to complete a space needs assessment, feasibility and design for future development of the East Metro Public Safety Training Facility with a goal of being prepared to pursue additional bonding funds to expand the site into a true public safety training facility. The next step in the project is to retain an Architectural and Engineering Firm to complete the next phase of design. Recommended Action: Motion to approve the Professional Services Agreement with Leo A. Daly Architect for a Space Needs Assessment, Feasibility and Design for the East Metro Public Safety Training Facility. Fiscal Impact: Is There a Fiscal Impact? No Yes, the true or estimated cost is $39,060 plus reimbursables. Financing source(s): Adopted Budget Budget Modification New Revenue Source Use of Reserves Other: State Bonding Funding Strategic Plan Relevance: Community InclusivenessFinancial & Asset MgmtEnvironmental Stewardship Integrated Communication Operational EffectivenessTargeted Redevelopment The expansion of the training facility will dramatically increase operational effectiveness between law enforcement, fire, emergency medical service and other partners (i.e. embedded social workers, crisis teams, etc.) Council Packet Page Number 51 of 170 G6 Background: History: th The East Metro Public Safety Training Facility (EMPSTF) officially opened on October 9, 2016. The facility features two training structures and a classroom and was built to address firefighter training needs in the metropolitan area primarily. The two-story house structure features an integrated fire simulation system that utilizes propane-fed fires and simulated smoke. The four-story live burn structure features a mock storefront, apartments, and four stories of live burn areas to allow for realistic firefighter training. The EMPSTF is operated by a Joint Powers Agreement between the Cities of Maplewood, Oakdale, North Saint Paul, and Lake Elmo. Since opening in 2016, the facility has seen a steady increase in utilization. There were over 200 reservations for use in 2021, and over 330 reservations in 2022. Century College is a major facility partner and spends hundreds of hours each year training current and future firefighters from many communities around Minnesota. The facility has been utilized by communities as far north as Elk River, as far south as Hastings, as far east as Baldwin, Wisconsin, and is also used by the State's two largest fire departments, Minneapolis and Saint Paul. Stakeholders: The East Metro Public Safety Training Facility is a regional asset. Compared to other regions, the North East Metro lacks a public safety training facility that provides current training needs to police, fire, EMS, and ESW. There are 19 law enforcement agencies and 23 Fire Departments in Ramsey and Washington Counties. In addition, there are private EMS organizations that operate in both counties. Century College, located in White Bear Lake, has EMS, fire, and law enforcement programs. This facility has the potential to be utilized by the broader community and by a multitude of organizations. Challenges: Unfortunately, the site is largely not utilized by law enforcement, emergency medical services (EMS) agencies, and embed social workers (ESW) due to a lack of law enforcement/EMS functionality and, most recently, a lack of availability. Now, more than ever, Public Safety Professionals need to train together to meet the community's needs. An expansion of the East Metro Public Safety Training Facility would allow police, EMS, and ESW to train side-by-side in de- escalation, incident command, operating in tactical environments, co-response to complex search and/or rescue operations, people in crisis, and training on integrating public safety technologies. Currently, police, fire, EMS, and ESW work hand in hand to address complex issues and emergencies affecting communities. As such, there is a great need to be able to train together. Currently, each profession has a few limited locations to prepare their unique skills; however, there is no proper public training facility. The inability to train in complex situations is a detriment to the community and limits public safety's ability to have successful outcomes on critical incidents. Unified command and interoperation ability are vital to preserving life and property. These keys are outlined in the Federal Emergency Management Administrations' training and guidance. Additionally, there is a lack of law enforcement de-escalation, simulation, EWS, and range options for law enforcement. This lack of access hinders and complicates training with departments traveling 20-30 miles outside their jurisdiction to access suitable training locations. Additionally, these locations are in high demand, making scheduling challenging for most agencies. Council Packet Page Number 52 of 170 G6 Finally, the law enforcement, fire and EMS professions have seen a significant decrease in the number of people attending certification programs, entering the career field, and staying in the career field. This has led to significantly increased training needs. Quality training and facilities allow departments to recruit better and retain high-quality personnel. Request: On behalf of the East Metro Public Safety Joint Powers, the City of Maplewood requested $75,000 of bonding to complete a space needs assessment to determine the feasibility and costs associated with improving the East Metro Public Safety Facility to meet the current needs of all Public Safety Professionals. Staff were notified that this request was approved following the last legislative session. Process: Following the notification of award, staff released a Request for Proposals (RFP) requesting professional, architectural design services for a space needs assessment, feasibility and design recommendations for the East Metro Public Safety Training Facility. Six architectural firms responded to the RFP. Staff, including the Public Safety Director, Fire and EMS Chief and the North St. Paul Fire Chief/JPA Board President reviewed proposals and conducted interviews with three Architectural and Engineering Firms. The review included scoring on statement of qualifications, work plan and schedule, relevant information/past work performed, community inclusiveness, presentation, interview and cost. The highest scoring firm was Leo A. Daly. Leo A. Daly’s submittal was also the lowest cost of the proposals received. Attachments: 1.Professional Services Agreement with Leo A. Daly Architect for a Space Needs Assessment, Feasibility and Design for the East Metro Public Safety Training Facility Council Packet Page Number 53 of 170 G6, Attachment 1 PROFESSIONAL SERVICES AGREEMENT rd 23 day of October, 2023,a Minnesota municipal corporation with principal offices at 1830 County Road B East, Maplewood, Minnesota Leo A. Daly, anArchitectural and Engineering Firmwith offices at 730 nd 2Avenue South, Suite 1300, Minneapolis, MN 55402 RECITALS A.The Consultant is engaged in the business of providing professional services. B.The City has a need for professional services on a consulting basis fora Space Needs Assessment,Feasibility and Design for the East Metro Public Safety Training Facility. C.The Consultant represents that it has the professional expertise and capabilities to provide the City with the requested professional services. D.The City desires to engage the Consultant to provide professional services on the terms and conditions set forth herein. NOW, THEREFORE,in consideration of the terms and conditions expressed herein, the City and the Consultant agree as follows: AGREEMENT 1.Services to be Provided.The Cityhas selected the Consultant to provide professional services for a Space Needs Assessment, Feasibility and Design for the East Metro Public Safety Training Facility, Phase 1. The details of thisProjectare included inforProposalsfor a Space Needs Assessment, Feasibility and Design for the East Metro Public Safety Training Facility, Phase 1. Phase 1 of the Project will be to develop and confirm the program for the Project, which includesthe following program components: a.Classroom Training Facility b.Indoor Gun Ranges c.Simulation Rooms d.Incident Command Simulation Area e.Conference Rooms f.Offices g.Kitchenette h.Wellness Center i.Law Enforcement Simunition/Scenario Based Training Area j.EMS Training Area with Breakout Rooms and Simulation k.Locker Rooms with Separated Decontamination Area(s) 1 MA745-3-908947.v2 Council Packet Page Number 54 of 170 G6, Attachment 1 l.Storage Garage / Pole Barn m.Site Work-Emergency Vehicle Operations Driving Area n.Live Fire Training Building (new) o.Upgrading and / or refurbishment of ClassA and B live Burn buildings Phase 1 of this Project will also include completion of Pre-design Manual for Capital Budget Projects, (Exhibit 1). The predesign will establish the program for the Project, anticipated facility size, definition of site impact, estimate of probable construction cost and estimate of probable Project cost, escalated to the year of construction, for the purposes of the City seeking State of Minnesota capitalfunds. The parties may agree to other services not included above through an amendment to this Agreement or a separate agreement. Consultant represents that it will perform its services under the Agreement in conformance with the care and skill ordinarily exercised by similar members of the professionproviding similar services, practicing under similar conditions at the same time and in the same or similar locality ("Standard of Care"). No other warranty of any kind, expressed or implied, at common law or created by statute, is extended, made, or intended by the rendition of Consultant's services under the Agreement. 2.Duration of Agreement. This Agreement shall remain in force and effect commencing from the Effective Dateuntil completion of the Project,unless terminated or amended pursuant to the terms contained herein.This contract is an authorization to proceed with Phase 1 services only. 3.Consideration.TheCity shall pay $39,060to the Consultant for the services to be provided in the sProposals as described in Phase 1 of the proposallisted as Pre-Designand Programming (PD)Services. 4.Payment.The City shall make progress payments based on monthly invoices from the Consultant. The City shall make said payments within 35days of receiving the invoice and the Consultant may withhold deliverables if undisputed invoices are not paid within that time period. The Consultant agrees to comply with the requirements of Minnesota Statutes, section 471.425, subd. 4a regarding prompt payment of its subcontractors. 5.City Responsibilities.To assist in completion of the Project, the City mayalso furnish the services ofCity staff, site surveys, environmental surveys, and tests, inspections, and reports regarding hazardous materials ifavailable to the City and reasonably required and requested by the Consultant. Following its good faith evaluation of the information provided, the Consultant shall be entitled to rely on the accuracy and completeness of services and information furnished by the City and the Citystaffas well as upon the implied 2 MA745-3-908947.v2 Council Packet Page Number 55 of 170 G6, Attachment 1 representation that the Consultant may incorporate any documents, graphics, information, and data (in whole or in part) provided by the City and the Citystaffwithout infringing upon the intellectual property rights of any third party. The Consultant shall provide prompt written notice to the City if the Consultant becomes aware of any error, omission or inconsistency in such services or information. 6.Termination.Notwithstanding any other provision herein to the contrary, this Agreement may be terminated as follows: a.The parties, by mutual written agreement, may terminate this Agreement at any time; b.The Consultant may terminate this Agreement in the event of a breach of the c.The City may terminate this Agreement at any time at its option, for any reason or no reason at all; or d. to have in force any insurance required by this Agreementor as otherwise provided for herein. In the event of a termination, the City shall pay the Consultant for services performed to the date of termination and for all reimbursable costs and expenses incurred the Consultant prior to the date of termination. 7.Suspension.If the City fails to make payments to the Consultant in accordance with this Agreement, and said paymentsare not otherwise disputed by the City, the Consultant may suspend its services under this Agreement. If the Consultant elects to suspend services, it shall give 10 liability to the City for delay or damage caused by such suspension of services. Before resuming services, the Consultant shall be paid all undisputed sums due prior to suspension and any undisputed expenses incurred in the interruption and resumption of the 8.Records/Inspection.Pursuant to Minnesota Statutes, section 16C.05, subd. 5, the Consultant agrees that the books, records, documents, and accountingprocedures and practices of the Consultantthat are relevant to the project are subject to examination by the City and the state auditor or legislative auditor for a minimum of six yearsat a mutually agreed upon location and time. The Consultant shall maintain such records for a minimum of six years after final payment. The parties agree that this obligation will survive the completion or termination of this Agreement. 9.Indemnification. To the fullest extent permitted by law, the Consultantagreesto protect, indemnify, save, and hold harmless the City, its officers, officials, volunteers, and employees from any and all claims; lawsuits; causes of actionsof any kind,nature, or character; damages; losses; or the costs, disbursements, and expenses of defending the same, administrative or professional assistance to the extent caused by the 3 MA745-3-908947.v2 Council Packet Page Number 56 of 170 G6, Attachment 1 subcontractors, agents, volunteers, members, invitees, representatives, or employees) negligentactsor to the extent arising from this Agreement, orto the extent caused in whole or in part by any other negligent act or omission or willful misconduct, or arising out of the failure to obtain or maintain theinsurance required by this Agreement. Except as provided in section 5 of this Agreement, the Consultant agrees to defend and indemnify the City against any actions or claims alleging infringement on any copyright or patent by reason of its use of designs, drawings or specifications and shall hold the City harmless against any loss or damages therefrom. Nothing in this Agreement shall constitute a waiver or limitation of any immunity or limitation on liability to which the City is otherwise entitledby statute or common law. The parties agree that these indemnification obligations will survive the completion or termination of this Agreement. 10.Insurance.The Consultant agrees to maintain at its own expense a commercial general liability and excess umbrella general liability insurance policy or policies insuring the Consultant against claims for bodily injury, death or property damage arising out of the Cother than the performance of professional services. The general liability coverage shall provide limits of not less than $2,000,000 per occurrence and not less than $2,000,000 general aggregate, and $2,000,000 products/completed operations aggregate. Coverage shall include Premises and Operations Bodily Injury and Property Damage; Personal and Advertising Injury; Blanket Contractual Liability; Products and Completed Operations Liabilityper policy terms, conditions and exclusions. The Consultant also agrees to maintain at its own expense a single limit or combined limit automobile liability insurance and excess umbrella liability policy or policies insuring owned, non-owned and hired vehicles used bythe Consultant to perform services under this Agreement. The automobile liability coverages shall provide limits of not less than $1,000,000combined single limitper accident forbodily injury andproperty damage. The City shall be named Additional Insured for the above liability policies, except for professional liability insurance. The Consultant further agrees to maintain at its own expense statutory worker's than $500,000 for Bodily Injury by Disease per employee, $500,000.00 for Bodily Injury by Disease aggregate and $500,000 for Bodily Injury by Accident. The Consultant also agrees to maintain at its own expense Professional Liability Insurance coverage insuring the Consultant against damagesto the extent caused by thenegligent act, error or omissionin the performance of professional services required by this Agreement. The professional liability insurance coverage shall provide limits of not less than $2,000,000 per claim and an annual aggregate of not less than $2,000,000 on a claims- made basis. Prior to commencement of this Agreement, the Consultant will provide the City with certificates of insurance, showing evidence of required coverages. All policies of insurance 4 MA745-3-908947.v2 Council Packet Page Number 57 of 170 G6, Attachment 1 shall contain a provision or endorsement that the coverage afforded will not be canceled for any reason except non- has been given to the City.The City may also require a current copy of certificates of insurance at the time of entering into any supplemental agreement. 11.Assignment.Neither the City nor the Consultant shall assign, sublet, or transfer this Agreement or any rights under or interest in thisAgreement without the written consent of the other except to the extent that the effect of this limitation may be restricted by law or as expressly provided herein. Unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under this Agreement. Nothing contained in thissectionshall prevent the Consultant from employing such independent consultants, associates, and subcontractors, as it may deem appropriate to assistit in the performance of the services hereunder. Any assignment in violation of this provision is null and void.Notwithstanding the above, the City may assign this Agreement to another public entity associated with the City. 12.Copyright and Licensing.Provided that the Consultant has received all payments properly due under this Agreementand any supplemental agreement, the deliverables prepared by the Consultant for the City shall become the property of the City. This conveyance shall not deprive the Consultant of the right to electronic data or other reproducible copies of the deliverables or the right to reuse information contained in them in the normal course of the Consultantprofessional activities. volvement will be hold harmless the Consultant, its consultants and agents and employees, or any of them from and against claims, damages, losses, and expenses, including but not limited to claims are brought in breach of contract, breach of warranty, negligence or other tort or otherwise. To the extent that the deliverables include design elements, notes, terms or details that are developed by the Consultant, or its consultants, in the course of their respective practice(s) as part of the standardized body of professional knowledge of the respective firm(s),then the Consultant, or its consultants, shall retain the ownership of all intellectual property related to such design elements, notes, terms, or details;provided, however, that neither the Consultant nor its consultants may utilize aspects of the deliverables or design components in the context of any other project to the extent that such utilization would produce a project with substantially similar distinctive features taken as a whole. However, the Consultant grants the City a perpetual, non-exclusive, royalty freelicense to use such details, specifications, and plans. 13.Independent Contractor.The Consultant shall be deemed an independent contractor. 5 MA745-3-908947.v2 Council Packet Page Number 58 of 170 G6, Attachment 1 special expertise as to the services which the Consultant is to perform and is customarily engaged in the independent performance of the same or similar services for others. All required equipment and personnel shall be provided or contracted for by the Consultant. Themanner in which the services are performed shall be controlled by the Consultant; however, the nature of the services and the results to be achieved shall be specified by the City. The parties agree that this is not a joint venture,and the parties are not co-partners. The Consultant is not to be deemed an employee or agent of the City and has no authority to make any binding commitments or obligations on behalf of the City except to the extent expressly provided hereinor any supplemental agreement. Allservices provided by the Consultant pursuant to this Agreement shall be provided by the Consultant as an independent contractor and not as an employee of the City for any purpose, including but not limited to,income tax withholding, workers' compensation, unemployment compensation, FICA taxes, liability for torts and eligibility for employee benefits. 14.Compliance with Laws.The Consultant shall exercise due professional care to comply with applicable federal, state and local laws, rules, ordinances andregulations in effect as of the date the Consultant providesthe applicable services detailed in any supplemental agreement. 15.Entire Agreement.This Agreement constitutesthe entire agreement between the City and theConsultantand supersedes any other written or oral agreements between the parties. Notwithstanding the above, the parties may enter into supplemental agreements in the future regarding the Project and this Agreement shall be considered modified as necessary to be consistent with any such supplemental agreement. 16.Third Party Rights.The parties to this Agreement do not intend to confer on any third party any rights under this Agreement. 17.Force Majeure.The Consultant shall not be liable for failure to perform this Agreement or meet any schedule of performance of services to the extent that such delay or impediment arises solely from causes beyond the control and without the fault or negligence of the Consultant. Examples of such causes include but are not limited to, acts of God or of the public enemy, fires, floods, pandemics or epidemics, quarantine restrictions, strikes or labor actions, boycotts, freight embargoes, and unusually severe weather. 18.Dispute Resolution.The City and the Consultant agree to negotiate all disputes between them in good faith for a period of not less than 30 days from the date of notice prior to exercising their rights under law. The parties thereafter may but are not required to submit disputes to non-binding mediation. 19.Choice of Law.This Agreement shall be governed by and construed in accordance with the laws of the state of Minnesota.Any actions shall be venued in Ramsey County. 20.Conflict of Interest.The Consultant shall use reasonable care to avoid conflicts of interest and appearances of impropriety in representation of the City. In the event of a conflict of 6 MA745-3-908947.v2 Council Packet Page Number 59 of 170 G6, Attachment 1 interest, Consultant shall advise the City and either secure a waiver of the conflict or advise the City that it will be unable to provide the requested services. 21.Data Practices Act Compliance.Any and all data provided to the Consultant, received from the Consultant, created, collected, received, stored, used, maintained, or disseminated by the Consultant pursuant to this Agreement shall be administered in accordance with, and is subject to the requirements ofthe Minnesota Government Data Practices Act, Minnesota Statutes, Chapter 13. The Consultant agrees to notify the City within three business days if it receives a data request from a third party. This section does not create a duty on the part of the Consultant to provide access to public data to the public if the data are available from the City, except as required by the terms of this Agreement. These obligations survive the termination of this Agreement. 22.Amendments. No amendments may be made to this Agreement except in a writing signed by both parties. 23.Remedies. In the event of a termination of this Agreement by the City, the City may complete the services either by itself or by contract with other persons or entities, or any combination thereof. In the event of a breach of this Agreement by the Consultant, the foregoing remedies shall not be exclusive. The City shall be further entitled to exercise breach. 24.No Discrimination. The Consultant agrees not to discriminate in providing products and services under this Agreement on the basis ofrace, color, sex, creed, national origin, disability, age, sexual orientation, status with regard to public assistance, or religion. Violation of any part of this provision may lead to immediate termination of this Agreement. 25.Notices.Any notices permitted or required by this Agreement shall be deemed given when personally delivered or upon deposit in the United States mail, postage fully prepaid, certified, return receipt requested, addressed to: City:City of Maplewood 1830 County Road B East Maplewood, MN55109 Attn: City Manager with a copy to:City of Maplewood 1530 County Road C East Maplewood, MN55109 Attn: Michael Mondor, Fire and EMS Chief 7 MA745-3-908947.v2 Council Packet Page Number 60 of 170 G6, Attachment 1 Consultant:Leo A. Daly nd 730 2Avenue South Suite 1300 Minneapolis, MN 55402 Attn: Todd LaVold, Project Manager or such other contact information as either party may provide to the other by notice given in accordance with this provision. 26.Waiver. No waiver of any provision or of any breach of this Agreement shall constitute a waiver of any other provisions or any other or further breach, and no such waiver shall be effective unless made in writing and signed by an authorized representative of the party to be charged with such a waiver. 27.Headings.The headings contained in this Agreement have been inserted for convenience of reference only and shall in no way define, limit or affect the scope and intent of this Agreement. 28.Severability. In the event thatany provision of this Agreement shall be illegal or otherwise unenforceable, such provision shall be severed, and the balance of the Agreement shall continue in full force and effect. 29.Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an original, but all of which taken together shall constitute but one and the same instrument. 30.Recitals.The City and the Consultant agree that the foregoing Recitals are true and correct and are fully incorporated into this Agreement. 31.Mutual Waiver of Consequential Damages.In no event shall either party under the Agreement be liable to the other party, whether in contract, warranty, tort, or otherwise, for any indirect, incidental, special or consequential damages of any kind or nature whatsoever. 32.Opinions of ProbableCosts. Any and all estimates provided by theConsultant are opinions of probable costs based on information that is reasonably available to the Consultant. The Cityacknowledges and agrees that theConsultant has no control over the cost of labor, materials, equipment or services, or the means and methods used by others in determining prices, competitive bidding, or market conditions.The Cityfurther acknowledges and understands that proposals, bids, and/or actual project costs may, and probably will vary from the estimates and opinions of probable costs provided by the Consultant under the Agreement. * * * * * * * * * * * * 8 MA745-3-908947.v2 Council Packet Page Number 61 of 170 G6, Attachment 1 IN WITNESS WHEREOF,the Cityand the Consultant have caused this Professional Services Agreement to be executed by their duly authorized representatives in duplicate on the respective dates indicated below. THE CITY By:____________________________________ Marylee Abrams Mayor Date:____________________________________ By:____________________________________ Melinda Coleman City Manager Date:____________________________________ 9 MA745-3-908947.v2 Council Packet Page Number 62 of 170 G6, Attachment 1 THE CONSULTANT By:____________________________________ Cindy McCleary, AIA Vice President & Managing Principal Its:____________________________________ Pdupcfs!28-!3134 Date:____________________________________ 10 MA745-3-908947.v2 Council Packet Page Number 63 of 170 G6, Attachment 1 DVSSFOU TDPQF!PG XPSL Council Packet Page Number 64 of 170 G6, Attachment 1 TEMPLATE ForPreparing the PREDESIGN DOCUMENT Capital Budget Projects TITLE & GRAPHIC PAGE Enter the title of the project and a graphic (sketch, logo, photo) Submit the predesign document under a signed cover letter from the State Agency receiving the project or the local government entity that receives the appropriation. See the last page of this template for a sample letter. NOVEMBER 2015 \[enter current date of completion of document\] i Council Packet Page Number 65 of 170 G6, Attachment 1 CERTIFICATION SIGNATURES When the final predesign document is submitted to the Commissioner of Administration, the signature of the licensed architect / engineer should accompany the document. I hereby certify that this report was prepared by me or under my direct supervision and that I am a duly registered _____ARCHITECTor ENGINEER (select one)_________ under the laws of the state of Minnesota Date:Registration Number 1 Council Packet Page Number 66 of 170 G6, Attachment 1 TABLE OF CONTENTS CERTIFICATION SIGNATURES............................................................................................................1 INTRODUCTION......................................................................................................................................3 SECTION 2BASIS FOR NEED PROJECT BACKGROUND NARRATIVE.....................................7 SECTION SECTION 4 PROJECT DESCRIPTION.................................................................................................11 4.A ARCHITECTURAL/ENGINEERING (A/E) PROGRAM.......................................................11 4.B PRECEDENT STUDIES........................................................................................................11 4.C TECHNOLOGY PLANAND TELECOMMUTING PLAN.................................................11 4.DSUSTAINABILITY, ENERGY CONSERVATION, AND C 12 4.E OPERATIONS AND MAINTENANCE REQUIREMENTS................................................14 4.F STATUTE REQUIREMENTS...............................................................................................14 4.G SPECIALTY REQUIREMENTS...........................................................................................14 4.H6 4.IPROJECT DESIGN SERVICES ANDADDITIONAL OWNER 4.JQUALITY CONTROL 6 SECTION 5SITE ANALYSIS AND .21 SECTION 6 FINANCIAL INFORMATION......................................................................................24 SECTION 7 SCHEDULEINFORMATION.......................................................................................32 PREDESIGN CHECKLIST......................................................................................................................33 SAMPLE PREDESIGN SUBMITTAL COVER LETTER.....................................................................44 2 Council Packet Page Number 67 of 170 G6, Attachment 1 INTRODUCTION This template is an outline for the project proposer to use in preparing the final predesign document and it followsthe format ofthe The project preparer should consult with the Manual for more specific information on the requirements. Focus on describing the project accurately; do not includ; include only the facts about what is to be designed and built. Avoid including meeting minutes or other information that does not add clarity or detail to the scope, cost information, and schedule of the project being proposed. If you wish to The final predesign document will be the document used to convey instructions to the future design team.State Agencies will use the predesign documentcosts to seek legislative funding,advertising for design services, negotiating a design contract, and it will serve asthe instructions toa future architect and engineer(s) to design and prepare construction documents. Questions regarding this document may be directed to Mr. Eric Radelatthe Department of Administration at 651-201-2380;email: eric.radel@state.mn.us \[ Delete Theabovefrom your final submittal document-it is for informational purposes only \] Enter this in your introduction: This predesign document has been prepared for thefollowingpurposes: Identifying allproject needs and costs to serve as the basis for funding requests. To be the source for future decision making during the development of the project by serving as the road map for future development. Provide agency management with the information they need so as to effectively communicate project details to legislators and stakeholders. Communicate essential project objectives with factual data before the actual design process commences or other decisions are made. Explorealternatives that had not been previously considered. Identify potentialcost savings. Identify and minimizeof risks associated with the project. Analysis of the best construction delivery method. Analysis of funding alternatives best suited for the project. Provide a basis for a Request For Proposal (RFP) for design services and in negotiating the future design contract. Provides instructions to the future architectural and engineering design firms and provide them the foundation on which to base their design. 3 Council Packet Page Number 68 of 170 G6, Attachment 1 SECTION1PredesignSummary Enter specific information on the project thatis to be built; if there are multiple phases repeat information andthe costs for each phase.Below is an example of required information. \[delete these sentences in your final document\] SECTION 1.AProject(Executive) Summary Statement PROJECT TITLE: MARINE EDUCATION CENTERLocation: MN Zoo-Apple Valley SCOPE\[Enter a narrative of the scope of the work-do not include non-essential information that does not describe what the scope consists of\[delete this sentence in your final document\] Thisproject is to support the missionof the Zoo to "strengthen the bond between people and the living earth," according to the Zoo's mission statement. The improved facility will includea new building that will contain a new poolfor six dolphins along withisolation and neonatal pools, two regular and three wet classrooms, an indoor dolphin theater with a 1,500 person seating capacity, eight shark exhibits, and a reception area for 300 people with adjacent catering kitchen for revenue generating events. COSTS\[Enter the costs \[deletethis sentence in your final document\] New space (new construction): 46,000 gsf Estimated construction Cost: $15.00 million Remodeled space: 4,200-5,700 gsf Estimated construction cost: $2.500 million Total Estimated construction cost: $17.500 million Estimated Total Project Cost: $20.50million (all costs associated with the project) FUNDING SOURCE(S) \[Enter the funding sources \] \[delete this sentence in your final document\] State Funding Request: $9.00million Sources for Remainder ofFunding: Friends of the Zoo: $1.500 million Federal Grant:$10.00 million OPERATING COSTS\[Enter operating costs\] \[delete this sentence in your final document\] An anticipated $847,000 in increased operating expenses will be funded by the Zoo's Special Revenue Fund upon project completion in FY 2024. SCHEDULE\[Enter milestone schedule dates \] \[delete this sentence in your final document\] Funding:Estimated July 2020 Site Acquisition: July 2020 to January2021 (7 months) Design:January 2021 to November 2021 (11 months) Bidding & Award:March 2022 to May 2022 (3 months) Construction:June 2022 to September 2023 15 months) Occupancy: December 2023 Complete the Building/Project Data SheetSection 1.Band/or the Building Audit SheetSection 1c,and insert behind the Summary Statement. 4 Council Packet Page Number 69 of 170 G6, Attachment 1 SECTION 1.B PROJECT DATA SHEET -New Building(or New Work) (include behind the Project Summary Narrative) Name of Project: Agency/Organization: Project/Building Location: Building Occupancy Type: Primary Space Types: Type of Construction: Building Size Number of Stories: Square Feet per Floor: Total Square Feet: Space Efficiency: Usable v. Circulation/Mechanical etc. Office Space: Gross Sq. Ft. per person:Typical Work Station Size: Site Size: Number of Acres: Parking:(Enter information on new parking or replacement of existing; if not included indicate N/A) Type (surface or structured):Number of Stalls: Area of Parking:Total Cost of Structure: Cost per stall: Parking Structure SF: Roofing Type: Exterior Wall Type: Interior Wall Type: Structural System Type: Mechanical System Type: Fire Protection Description: Electrical System Type: Technology Systems: Life Expectancy of New Work: Costs:(Enter costs that are included in the project; if not included indicate N/A) Total Project Cost:Furniture, Fixtures, Equipment,Signage: Predesign Cost:Relocation Cost:(not bondable) Design Cost (including B3 sustainability):Phasing Cost: Site Acquisition Cost:Technology Cost: Site Improvements Cost: Parking StructureCost: Building Cost: Hazardous Materials Abatement Cost: Surface Parking Cost: State Funding amount:Other Funding Source(s) Amount(s): NOTE:Cost Estimates are based upon the information above 5 Council Packet Page Number 70 of 170 G6, Attachment 1 SECTION 1.C PROJECT DATA SHEET Existing Building/ProjectData (include behind the Project Summary Narrative) Enter information on the existing building or physicalasset and the proposed remodeled/renovated. Name of Project: Agency/Organization: Building Location: Building Occupancy Type ExistingRemodeled Primary Space Types: Type of Construction: Building Size Number of Stories:Number of Stories to be remodeled: Square Feet per Floor:Square Foot of Remodeling: Total Square Feet:Total Square Feet of Remodeling: Space Efficiency: Usable v. Circulation/Mechanical etc. Office Space: Gross Sq. Ft. per person: Typical Work Station Size: Site Size: Number of Acres/ square feet Parking:(Enter both existing and new work) Type (surface or structured):Number of Stalls: Area of Parking:Total Cost of Structure: Cost per stall: Parking Structure SF: Roofing Type:(Enter both existing and new work) Exterior Wall Type (s): Interior Wall Type(s): Structural System Type: Hazardous Material Removal: Mechanical System Type: Fire Protection Type: Electrical System Type: Technology Systems: Costs:(Entercosts that are included in the remodeling; if not included indicate N/A) Total Project Cost:Furniture, Fixtures, Equipment,Signage: Predesign Cost:Relocation Cost:(not bondable) Design Cost (including B3 sustainability):Phasing Cost: Site Acquisition Cost:Technology Cost: Site Improvements Cost: Parking Structure Cost: Building Cost: Hazardous Materials Abatement Cost: Surface Parking Cost: State Funding amount:Other Funding Source(s) Amount(s): NOTE: Cost Estimates are based upon the information above 6 Council Packet Page Number 71 of 170 G6, Attachment 1 SECTION 2 BASIS FOR NEED PROJECT BACKGROUND NARRATIVE MISSION For State Agencies, their mission is often grounded in the legislative authority in statute(s). Thissection s to this document.Focus on the legislative/mandated authority in statute or ordinancethat supports or demands thedevelopment of the project either directly or in the form of the creation of programs requiring physical accommodations. STRATEGIC PLAN Summary of how thestrategic plan serves its mission.(What is the strategic plan for efficiently providing the service or meeting the need of the organization). OPERATIONAL PLAN agency/organization)operational program to be supported by the project. This is an opportunity to indicate the effect of expanding programs, sentencing guidelines, or other directives creating the need to provide appropriate facilities. The program should clearly identify the basic elements of what is, whatwill be done, how, to whom, by whom, with what in terms of resources, andthe results anticipated. This summary should not record physical facility requirements. ALTERNATIVE ANALYSIS Before building new space, the requesting Agency or Organization provides ananalysis that results in identifying the physical needsfor the project. The analysis and planningprocess should define alternative ways that were considered to meet the project's operational program requirements. Alternatives may include using existing space, adapting existing space, new construction, or leasing space. Collocation with other agenciesfor projects outside of the metropolitan area must also be considered and a determination made and explained. Whenalternatives have been defined, conduct an analysis and summary of alternatives tional program and service delivery requirements. A preferred alternative should be selected that maximizes program suitability and minimizes first cost and life of the programcosts. Include clear explanation of the thought process and criteria used to select the preferred alternative. The nature and breadth of participation by user groups within the organization should be clearly indicated.Collocating with another agency is a required alternative for projects outside of the metropolitan area. When analyzingits space inventory, the requesting agency should answer two questions: Is existing space available to meet the program requirements? If the answer is yes, then reusing existing space is an alternative way to satisfy the program requirements. Is existing space, worthyof reinvestment, available for adaptation to meet the program requirement? If the answer is yes, then adapting existing space should also be considered an alternative way to satisfy the program. FACILITY CONDITION ASSESSMENT (FCA)The predesign submittal shall include the FCA and identify the upgrades or replacements being included in the project and costs. Insert the FCA in an Appendix to the predesign and reference it in this narrative. Additionally, if the project involves remodeling of an existing facility, you will need to estimate the costs of the HAZARDOUS MATERIAL survey, design, monitoring and abatement. 7 Council Packet Page Number 72 of 170 G6, Attachment 1 SECTION 2.A Sample of BASIS FOR NEED PROJECT BACKGROUND NARRATIVE This section of the predesign submittal describes and justifies the need for the project. A project must be justified based on carrying out the mission, strategic plan, and operational program. During the predesign process, the agency undertaking predesign will need to gather and summarize their MISSION, STRATEGIC PLAN, and OPERATIONAL PLAN to demonstrate the connection and need of their proposed project. This information should then be incorporated into the predesign submittal document. An example is below. \[delete the above your final document\] EXAMPLE (this is hypotheticalfor the purpose of demonstrating the appropriate information to be provided) The missionof Minnesota Zoo is to connect people, animals, and the natural world. Modern exhibits provide exciting experiences with animals and their habitats introducing guests to species from around the globe. Education programs engage audiences at the Zoo, throughout the region, and around world. Conservation programs protect endangered species and preserve critical ecosystems. The current demographics and operations of theMinnesota Zoo are: Animal species: 504Individual animals: 2,961 Births at the Zoo: 246 23 Species Survival Plan (SSP) species Members Households 44,233 Guests: 1,355,260 Education program participants: 331,680 Zoomobile participants: 43,570 Volunteers: 1,000 Total operating expense: $18.7 million The Strategic Planfor the Minnesota Zoo (the project proposer is to \[attach full plan in the appendix and reference it here\]includes collaboration with National and World organizations for determining exhibits, education, research pertaining to wildlife and their habitat. The Operational Planfor this project( the project proposer is founded in its activities as a member of the Association of Zoos and (AZA's) Species Survival Plan (SSP) Program. The Minnesota Zoo participates in the AZA mission: to help ensure the survival of wildlife species. management and conservation program for selected species at North American zoos and aquariums. Each SSP manages the breeding of a species to maintain a healthy, self-sustaining captive population, both genetically diverse and demographically stable. SSPs include other conservation activities including research, education, reintroduction, and field projects. Currently, there are 113 SSPs covering 181 species. The Minnesota Legislature authorized the creation and operation of the Minnesota Zoo in the following statutes: 85A.01,85A.001through 85A.05 Basis For Need Based on current revenue analysis and survey of visitors to the zoo, the most popular exhibits are related to the Species SurvivalPlan (SSP) and in particular the Aquarium Exhibit. And, last year the American Zoo 8 Council Packet Page Number 73 of 170 G6, Attachment 1 Association notified zoos with SSP programs that they have matching grants available for facility expansions related to endangered species. The Minnesota Zoo has applied for and received approval for a 1:1 matching grant from the AZA. This grant becomes available when the grantee provides sufficient documentation that they have secured their portion of the grant.This project will consist of financial analysis (See Appendix) indicates that the increased revenue from this proposed project will fund the ongoing operations of the additional operating cost incurred by the expansion. Alternative Analysis Before building new space, the requesting Agency or Organization provides an analysis that results in identifying the physical needs for the project. The analysis and planning process should define alternative ways that were considered to meet the project's operational program requirements. Alternatives may include using existing space, adapting existing space, new construction, or leasing space. Collocation with other agencies for projects outside of the metropolitan area must also be considered and a determination made and explained. When alternatives have been defined, conduct an analysis and summary of alternatives rational program and service delivery requirements. A preferred alternative should be selected that maximizes program suitability and minimizes first cost and life of the program costs.Include clear explanation of the thought process and criteria used toselect the preferred alternative. The nature and breadth of participation by user groups within the organization should be clearly indicated.Collocating with another agency is a required alternative for projects outsideof the metropolitan area. When surveying its space inventory, the requesting agency should answer two questions: Is existing space available to meet the program requirements? If the answer is yes, then reusing existing space is an alternative way to satisfy the program requirements. Is existing space, worthy of reinvestment, available for adaptation to meet the program requirement? If the answer is yes, then adapting existing space should also be considered an alternative way to satisfy the program. \[insert information following the topics in bold font and delete the above your final document\] 9 Council Packet Page Number 74 of 170 G6, Attachment 1 SECTION 3 AGENCY/ORGANIZATION PLANNING Agency planning is to precede predesign and be documented and incorporated into the predesign submittal document. This Section of information is used as backup documents to support and inform other Sections of the Predesign.If Agency/Organization planning assistance is needed, this needs to be identified early on so that these services can be procured prior to or as part of the Predesignactivities. Along with the information from Section 2, Agency planning includes: Comprehensive/MasterPlan:Review of area, neighborhood, or campus master plans or other plans that may affect the project: Project decisions should be made with the requirements of existing plans in mind. These plans may include campus or area master plans or other plans prepared and enforced by local levels of government; or masterplans previously prepared by the Agency. Site Selection:If site selection is needed for the project, the Agency will need to provide identification of potentialsites and definition of site selection criteria.Though alternative sites should be identified and selection criteria proposed before predesign, actual site selection may occur before predesign, during predesign, or as late as schematic design based upon funding, site control and environmental review. Historic Documentation:If the project is located within a historic district or involves disposal ofbuildings that are on the National Register of Historic Places, provide all documentation and correspondence for inclusion into the predesign document. Disposal of State-Owned Buildings:If the project involves the disposal or demolition of a State-owned building, the Agency must obtain legislative authority for the disposal or demolition. Contact the Stakeholders:Providea list and narrative regarding the stakeholdersinvolved and affected by the project (i.e. other agencies, organizations, and entities). Impacts:The Agency is to provide a narrative of the impactsthe project will have on: 1.Their Operations 2.Their Operational Budget 3.Facility and staff (i.e. includethe functional impacts that the facility will need to accommodate during design, construction, relocation, occupancy. All documents related to the topics above should be referenced in the Predesign document under this Sectionand placed in the appendix.. 10 Council Packet Page Number 75 of 170 G6, Attachment 1 SECTION 4PROJECT DESCRIPTION 4.AARCHITECTURAL/ENGINEERING (A/E) PROGRAM PREDESIGN REQUIRMENTS FOR THE A/E PROGRAM: The A/E Program provided in the predesign submittal is to include: A detailed space program using a table of space names and sizes. Space Needs Inventory data sheetsfor individual rooms (See Appendix 4a template form) Adjacency Diagrams showing the activity and functional relationships among the spaces. A listing of Furniture/Fixtures/Equipment/signage (FF&E) needs. Narrative descriptions of the major Architectural, Civil, Structural, Mechanical, Electrical, and Specialty systems that are part of the proposed project. . Current space guidelines are available online at http://mn.gov/admin/business/vendor-info/construction-projects/Guidelines/design.jsp Include the space program in the format of a table with the name of each space along with the square foot area required of each room, each floor and total square feet. Alternatives/Options Show space adjacencies. Develop three options, in bubble diagram format on the site, that will satisfy the program; evaluate each option and select the preferred one. Provide explicit reasons for selecting the preferred option. 4.BPRECEDENT STUDIES 1.Visit and investigate at least two project facilities that are similar to the project that is being proposed in this predesign. Include the following: Brief description and location of the project Significance of the project Description of the successful design features, systems, or elements that will be incorporated into the proposed project. When using- 4.CTECHNOLOGY PLAN 1.This section of the predesign is for the purpose of identifying and documenting the technology requirements for the project. Provide summary information technology and telecommuting plans to be incorporated into the project.Cost-effective information technology investments and telecommuting plans should be providedthat would enable an agency to reduce its need for office space, provide more services electronically, and centralize or decentralize its services. For State agency projects, the predesign preparer shallprepare a Technology Plan using the 11 Council Packet Page Number 76 of 170 G6, Attachment 1 Technology Guidelines-Building Infrastructure Best Practices (located athttp://mn.gov/admin/images/RECS-CS-AppendixB.pdf)The preparer shall work in coordination with theuser agencyand MN.IT to identify and document the technology needs for the project.And when completed, the Technology Plan is to be reviewed by MN.IT and a letter from MN.IT approving the technology plan is to be included in this section. If needed, the predesign team may need to meet with MN.IT prior to finalizing the plan. 4.C.1 TELECOMMUTINGPLAN 1.Minnesota Statute 16B.335 Subd. 5requires Agency requests for construction and remodeling funds shall include money for cost-effective information technology investments that would enable an agency to reduce its need for office space, provide more of its services electronically, and decentralize its operations. Opportunities for combining technology with telecommuting are to be explored. State agency projects are to include an analysis of providing telecommuting for employees as a potential for reducing requirements for physical space. Provide the telecommuting plan with the technology plan to MN.IT for their review. 4.DSUSTAINABILITY, ENERGY CONSERVATION, AND CARBON EMISSIONS 1.This section is to include instructions to the design team on the sustainability and energy effiency. Specific information is to be included oneach of the following: Sustainablility and Energy Efficiency Sustainability andHigh Performance. Include a summary of sustainable design and construction goals in accordance with the (available at www.csbr.umn.edu/b3/index.html). Minnesota Statute§ 16B.325 Alternativeand RenewableEnergy The following are state statutes having requirements for providing alternative and renewable energy sources. The predesign submittal must contain the information noted. 16B.32 ENERGY USE.Subdivision 1.Alternative energy sources. New construction or arenovation of 50 percent or more of an existing building or its energy systems must include designs which use active and passive solar energy systems, earth sheltered construction, and other alternative energy sources where feasible. Subdivision 2: A state agency that prepares a predesign for a new building must consider meeting at least two percent of the energyneeds of the building from renewable sources located on the building site. For purposes of this subdivision, "renewable sources" are limited to wind and the sun. The predesign must include an explicit cost and price analysis of complying with the two-percent requirement compared with the present and future costs of energy supplied by a public utility from a location away from the building site and the present and future costs of controlling carbon emissions. If the analysis concludes that the building should not meet at least two percent of its energy needs from renewable sources located on the building site, the analysis must provide explicit reasons why not. The building may not receive further state appropriations for design or construction unless at least two percent of its energy needs are designed to be met from renewable 12 Council Packet Page Number 77 of 170 G6, Attachment 1 sources, unless the commissioner finds that the reasons given by the agency for not meeting the two-percent requirement were supported by evidence in the record. {ƚƌğƩ Enter information Enter Cost/Benefit calculation: Summary: Provide a summary of why/why not a PV Solar system will/will not be incorporated into the project͵ źƓķ Enter information Enter Cost/Benefit calculation: Summary: Provide asummary of why/why not a wind generation system will/will not be incorporated into the project. 16B.323SOLAR ENERGY IN STATE BUILDINGS Aproject for the construction or major renovation of a state building, after the completion of a cost-benefit analysis, may include installation of "Made in Minnesota" solar energy systems of 40 kilowatts capacity on, adjacent, or in proximity to the state building(a state building is defined as one that receives state bond proceed funding).The cost of the solar system must not exceed 5% of the appropriation. ЍЉ Y tŷƚƷƚǝƚƌƷğźĭ {ƚƌğƩ {ǤƭƷĻƒ Enter information Enter Cost/Benefit calculation: Summary: Provide a summary of why/why not a PV Solar system will/will not be incorporated into the project. 16B.326HEATING AND COOLING SYSTEMS; STATE-FUNDED BUILDINGS The project proposer must include a study for geothermal and solar thermal applications as possible uses for heating or cooling for all building projects subject to a predesign review that receive any state funding for replacement of heating or cooling systems. When practicable, geothermal and solar thermal heating and cooling systems must be considered when designing, planning, or letting bids for necessary replacement or initial installation of cooling or heating systems in new or existing buildings that are constructed or maintained with state funds. The predesign must include a written plan for compliance with this section from a project proposer. Definition: "solar thermal" means a flat plate or evacuated tube with a fixed orientation that collects the sun's radiant energy and transfers it to a storage medium for distribution as energy for heating and cooling. DĻƚƷŷĻƩƒğƌ ΛЊЏ.͵ЌЋЏΜ Enter information Enter Cost/Benefit calculation: Provide a summary of why/why not a geothermal system will/will not be incorporated into the project. {ƚƌğƩƷŷĻƩƒğƌ ΛЊЏ.͵ЌЋЏΜ Enter information 13 Council Packet Page Number 78 of 170 G6, Attachment 1 Enter Cost/Benefit calculation: Summary: Provide a summary of why/why not a solarthermal system will/will not be incorporated intothe project. 4.EOPERATIONS ANDMAINTENANCEREQUIREMENTS 1.This section is for the purpose ofproviding instructions to the design team from those who will be operating the building. The agency building operators should be involved in design meetings andtheir input included in this section. The predesign preparer will also need to include the following: The impact of the project on the agency/organization operations and budget Documenting and incorporating maintenance requirements(special equipment needed to service the building lighting and equipment) 2.Include changes in staffing levels, anticipated expenses for salaries, operations, maintenance, and utilities as a result of the project. These estimates should be amounts that are anticipated over present levels of funding. The predesign should indicate whether the maintenance and operational services are expected to be performed by agency staff or private sector vendors. 4.FSTATUTE REQUIREMENTS 1.Appendix 4cat the end of Section 4 contains a table of statute requirements for capital projects that receive state funding. Insert this table into your final document and enter a short description on how the project will address each one. Amend the table as needed to convey your information. 4.GSPECIALTY REQUIREMENTS 1.This Sectionis for unique requirements related to the project. Project Costs are to take into consideration the special requirements. List these requirements in Section 4G of the body of the predesign and then reference that they are bound in an Appendix. Examplesof Specialty Requirements include: Department of Health licensing requirements / rules / legislation for Supportive Living Facilities. Laboratory Certification Requirements (i.e. Contamination/ BiohazardLevel design requirements). Data Center Tier Level design requirements Correctional Facility Design Standards Acoustical design requirements Humidification controlled environments (Museum, wood instrument storage, etc) Historical Design /National Register of Historical Places. (Archeological Site Surveys, coordination with State Historical Preservation Office (SHPO) Environmental (National Environmental Preservation Act-NEPA, or State Environmental Assessments and/or Environmental Impact Statements). Federal design standardsrequirements. 2.In addition to project specific requirements, all State Owned/State Agency projects have the following Specialty requirements:Unless noted otherwise, these documents can be found at: http://mn.gov/admin/government/real-estate/manuals-guidelines-forms/index.jsp 14 Council Packet Page Number 79 of 170 G6, Attachment 1 (also known as B3 Guidelineswhich include the Sustainable Building-SB2030 energy conservation requirements). for site. http://www.eqb.state.mn.us/program.html?Id=18107 BuildingInfrastructure Guidelines for State Owned Buildings Plan for the project. A Guide for Building Owners, Facility Managers and Agency rs/Vendors Guidelines Related To For Projects located on the Capitol Complex. Preferred Equipmentfor projects located on the Capital Complex. for projects locatedwithin a Minnesota Correctional Facility. (Available from the correctional facility). Security & Vulnerability Assessments-Unless an agency has security expertise, a qualified security consultant should be retained during the predesign process and work in coordination with the predesign team. Demolition of State buildings: Legislative Authority is required if the project involves the disposal of a State owned building. Other specialty requirements that are unique to a specific project are to be identified and incorporated into thepredesign and estimated costs. 3.Furniture, Fixtures, and Equipment (FF&E). The new building will need to be equipped with furniture and other non-construction related elements.The agency will need to consider office furniture, office equipment, computers, wall hangings/art (See percent for art in State Buildings), plants, files, signage, directories, video conferencing equipment, conference room projection, etc. The predesign is to includecosts for all built-in and movable equipment and fixtures. 4.Exterior landscaping and site amenities.Include all costs for landscaping and site amenities that will be part of the project. a.Landscape design feesand amenities(plants, trees, bushes, benches, bike racks). b.Exterior lighting design and construction (parking areas and building areas). c.Exterior signage (design and signage). 5.Finally, if the project includes relocation of existing tenants; these costs need to be included in the total project cost. Costs to be considered are: a. Move Consultant (Companythat will organize the tenant for the move and assist with bidding) b.Move vendor (company that will do the moving) c. Swing space lease costs (if tenant relocations are needed during construction). Note: Relocation costs are not bondable. The State Agency will need to develop a general fund request for relocation costs. 4.HPROJECT PROCUREMENT AND DELIVERY 1.This section describes the proposed method for delivering the project. Options for deliveryinclude: Design-Bid-Build (Low-Bid), Design-Bid-Build (Best Value), Construction Manager at Risk, or 15 Council Packet Page Number 80 of 170 G6, Attachment 1 Design-Build. 2.The recommended Project Delivery Method is to be accompanied by the reasons it will serve to deliverthe project as distinguished from other options. 3.The project cost plan and estimates are to include the costs associated with the recommended delivery method. 4.For public projects, the predesign shall also contain instructions to future design teams regarding guidelines. All product specifications are to be written to allow multiple manufacturers and suppliers to competitively bid the products. No single product or single source shall be specified unless formal prior justification and approval are received. 4.IPROJECT DESIGN SERVICESAND ADDITIONAL OWNER COSTS 1.This sectionis for determining the design services required to deliver the project along with additional services the owner/State will need to provide. 2.Carefully consider all of the design services and other owner soft costs that will be needed. The attached Appendix 6has a comprehensive list of possible design and soft costs that should be considered for the proposed project. 3.Complete the attached Appendix6and insert it in the final predesign document. 4.Include these costs in the project budgetand financial spreadsheets in Section 6. 4.JQUALITY CONTROL PLAN 1.Provide the quality control plan outline and a listing of quality control measures that will be incorporated into the project delivery process for the project. Along with code required testing, State Agency projects for new construction, additions and major renovations, are to include the following quality control measures in the project AND project budget: a. Building Envelope Commissioning (design review commissioningand commissioning and inspections during construction). b.HVAC and Electrical Systems Commissioning (Design review commissioningand construction commissioning and inspections during construction). c. Building Envelope Analysis using WUFI software (performed by envelope commissioning agent). https://wufi.de/en/Performed during the design phase of the project. d.Specify mock-ups of envelope component systems and pre-installation conferences. e.Specifysubmittal of a quality control plan by the contractor and subcontractors. f.MN Sustainable Building Guidelines (B3)with SB2030 energy efficient design g.Building Information Modeling (BIM)for clash detection. h. BIMinterface with Archibus. ________________________________________________________________________________ Section 4APPENDICES FOLLOW THIS SECTION APPENDIX 4aSpace Needs Inventory Form APPENDIX 4bProgramming Methodology withParticipatory Design APPENDIX 4cApplicable Statutesfor State Funded Projects 16 Council Packet Page Number 81 of 170 G6, Attachment 1 SECTION 4-APPENDIX4a SPACE NEEDS INVENTORY ROOM/SPACE NAME SQUARE FOOT AREA SPACE STANDARD: SPACE STANDARD AREA: NUMBER OF OCCUPANTS FUNCTION (Describe the activities that will occur in this space) (D ADJACENCIES (Describe the spaces that need to be adjacent to this area) FURNITURE, FIXTURES & EQUIPMENT (Describe the equipment and furnishings that will be needed) ARCHITECTURAL FINISHES FLOOR:WALLS: WALLS:WALL BASE: CEILING:CEILING HEIGHT: LIGHTING:SPECIAL CRITERIA: MECHANICAL/HVAC/PIPING REQUIREMENTS: ELECTRICAL REQUIREMENTS: TECHNOLOGY REQUIREMENTS: ROOM LAYOUT DIAGRAM (Provide a conceptual layout of the room with furnishings and equipment) ADJACENCY LAYOUT DIAGRAM (Provide a conceptual diagram showing all room adjacencies for the building spaces 17 Council Packet Page Number 82 of 170 G6, Attachment 1 SECTION 4-APPENDIX 4b PROGRAMMING METHODOLOGYwithPARTICIPATORY DESIGN Note: This is oneexample of a methodology to use during predesign. You may use any methodology and research to achieve the program. The intent is to facilitate space programming to be a team oriented, discovery process leading to a more functional, efficient and habitable design. A.Goal Setting 1.Organize a programming team. The programming team would be made up of the designer and user group representatives. A typical user group would consist of individuals from each department of the organization. (the user group representatives are not the same group as the building committee). Obtain the mission statement of the organization, a strategic plan, and operational plan. Obtain an organizational chart for the organization. Space Guidelines. Crucial Stepin the Process:When developinga space program the team and users must focus on Space Guidelines http://mn.gov/admin/business/vendor- info/construction-projects/Guidelines/design.jsp.Final approval of the space program will be made by the Department of Administrationstaff; thus, periodic consultation with the Department of Administration needs to occur during the programming phase of predesign. 2.Chose a Goal Setting methodology This is where input from the users is gathered. And where the logic foundation for future decisions is based. Organize a workshop, have the user group bring a brainstorm list of goal statements. Discuss goal statements with participants and eliminate any multiple Statements. And then prioritize goals. These goals should not be detailed items,but should be comprehensive in nature.Something that would have a system wide affect or application. i.e. Our image should be conveyed as a strong, creative force in our industry. Or, we move workstations every 6 months, so the new environment should be a flexible one to accommodate this. Prioritize and produce a final list of six goals to achieve. Balance these against the organization's mission statement, strategic plan and operational plan. The program team should then formally submit the project goals to the higher echelon of the organization for approval. Include the goal setting documentation in the Predesign Document. 18 Council Packet Page Number 83 of 170 G6, Attachment 1 B.Inventory of space 1.Identify each "unit" in the organization. The designer shall create a space needs inventory form. (See attached example). Record the activities performed by each unit and the equipment and space needed to carry out the activity. Include days & times this activity is performed in the space (i.e. time can be important if, for instance, with a code compliance office or sales office where the occupants are out of the office for much of the time.) On the inventory form, indicate internal and external interactions that take place. Have the user groups list desired objectivesfor the space. (or develop a questionnaire).i.e. view to exterior, more privacy when in meetings, and closeness to a printer. 2.Evaluate Using the completed inventory form and the list of desired objectives, schedule aworkshop to discuss and evaluate the requirements for each functional "unit". The designer, using a kits of 1/4" scale models of typical spaces and equipment, willfacilitate the workshop in modeling and evaluating various options. Summarize conceptual approaches and options resulting from the evaluation. C.Define & Develop relationships 1.The designer should at this point facilitate two research studies such as: Social Mapping Behavioral Mapping Document this research and include in the Predesign Document. 2.Bubble Diagram. In a workshop, have the participants discuss and diagram relationships of the activities.Include this in the Predesign Document 3.Activity matrix. After diagramming and determining desired relationships between activities, the designer will develop a matrix showing the relationships. D.Synthesis 1.Synthesize the information from the mission statement, strategic plan, operational plan, project goals, research, questionnaires, activities inventory, and workshops to develop a program and potentials for design. 2.Include the space program in the format of a table with the name of each space along withthe square foot area required. 3. Develop three options, in bubble diagram format on the site, that will satisfy the program; evaluate each option and select the preferred one. Provide explicit reasons for selecting thepreferred option. E.Approval 1.For State Agency projects, obtain approval of the space program from the Department of Administration prior to publishing the final predesign document. 19 Council Packet Page Number 84 of 170 G6, Attachment 1 SECTION 4-APPENDIX 4c APPLICABILITY OF STATUTES FOR PROJECTS RECEIVING STATE BOND FUNDING* STATUTERECIPIENT State AgencyHigher EdPolitical Subdivisions 1. £16B.241 Coordinated Facility Planning YES (required)NO (not required)NO (not required) 2. §16B.32, Subd 1 Alternative Energy Sources if renovating 50 percent or more of an existing buildingor its YESNONO energy systems 3. §16B.32, Subd 1a Renewable Energy Sources -2% of Required by B3 Required by B3 energy use Solar or Wind-predesign must include analysisYESGuidelinesGuidelines 4. §16B.32, Subd 2 Energy Conservation Goals YESYESNO 5. §16B.323 Solar Energy in State Buildings. Up to 5% of appropriation to be used on Solar energy system YESYESYES when doing substantial reconfiguration or replacement of energy systems 6. £16B.325: £16B.325: Apply Sustainable Guidelines (B3-YESYESYES MSBG) (http://www.b3mn.org/guidelines/index.html New Bldgs, New Bldgs, §216B.241 Sustainable Building 2030 requirementsAddns & Major Addns & Major Contact/support: http://www.b3mn.org/guidelines/index.htmlRenovations Renovations 7. §16B.326 Written plan w/predesign to consider providing Geothermal & Solar Energy Heating & Cooling Systems on YESYESYES new or replacement HVAC systems 8. §16B.327 Recycle 50% of Construction & Demolition YES-comply YES-comply NO-comply with Waste (B3-MSBG requires 75%)with B3 75%with B3 75%B3 75% 9. §16B.33 State Designer Selection BoardYESYESNO 10. §16B.335, Subd 1,YESYESYES Notification to House & Senate Committees 11. §16B.335, Subd 3 Predesign Submittal YESYESYES See Statute for exempted projects 12. §16B.335, Subd 4 Energy Conservation Standards (Energy Code -MN Rules 1322/1323 YESYESYES http://www.doli.state.mn.us/CCLD/Codes.asp 13. §16B.335, Subd 5 & 6 Review & letter by MN.ITYESNONO 14. §16B.335, Subd. 3c. Consider the use of MINNCOR YESYESYES products www.minncor.com 15. §16B.35 % for Art When considered in original legislative request; & when constructionis $500K or greaterYESYESYES 16. §177.42-44 Prevailing Wage Rates-Contractor must pay YESYESYES prevailing wages https://www.revisor.mn.gov/statutes/?id=177 17. §363A.44 Equal Pay Certificate required on contracts YESYESYES over $500K (prime and subs)agency of the state, the Metropolitan Council, or an agency subject to section 473.143, subdivision 1; $1M for political subdivisions 18.§16C.285 Responsible ContractorYESYESYES 19. §16C.16, Subd. 13 Targeted Group PurchasingYESNOYES 20.§16A.695 Use / Grant Agreement NONOYES 21. §16C.054 Accommodation for Hard of HearingYESYESYES 22. Appropriation LanguageSee appropriationSee appropriationSee appropriation *Other statutory requirements may apply to each individual organization 20 Council Packet Page Number 85 of 170 G6, Attachment 1 SECTION 5SITE ANALYSIS AND SELECTION 5.1CRITERIA FOR LOCATING STATE OFFICES AND AGENCIES 1.For State Agency projects, the Predesign submittal is required to contain an analysis of location(s) using criteria developed by the Department of Administration for locating state offices and agencies using the (available at http://mn.gov/admin/business/vendor-info/construction-projects/Guidelines/predesign.jsp) 2.The agency and their consultant shall be expected to consider and review numerous site options, then recommend, present and include three site options inthe final Predesign document for potential development of the project. The three options are to include financial data and cost estimates for development and building of the project on each site. The agency and their consultant shall work with the Departm Division of Real Estate Management to determine potential sites for consideration. 3.Each of the three site options shall have sub-options based on funding strategies: When the proposed project will be large scale, the consultant shall provide financial expertise, experienced in large scale construction funding, to work with the MN Management & Budget Agencyto determine cost saving options and delivery methods for funding the construction. The financial options for funding the project are to be integrated in the predesign 4.Issues for each site option, along with photographs shall be maintained. The feasibility of development and construction of the project on each of the three site options shall be presented and integrated into the predesign document. Site selection studies and criteria shall include (but not be limited to): Access by the public client Access by employees Available Transportation Environmental Impact Sustainability Site developmental costs relating to site utilities/infrastructure Parking requirements / costs (Number of stalls/surface parking/structured parking) Phased Development 5.Provide cost estimates for both surface and structured parking for each site being considered. Local Government Projects: Costs for three options is not required. Provide a brief description of the site options that were analyzed, the criteria usedand why a preferred option was selected. Present the preferred option and its associated costs. 6.Where a site is located and how it functions can operational costs. For example: If an organization requires regular shipments and receipts of a product; where and how those shipments/receipts are accommodated on site will affectyour operations and your operating costs. Thus, selecting a site for should be accomplished by 21 Council Packet Page Number 86 of 170 G6, Attachment 1 identifying needs criteria. The predesign activities include development of selection criteria, analysis of sites that fit the criteria, and recommendation of a preferred site or sites. Initial criteria include: Verify specific site restrictions with municipal zoning ordinances. i.e. park ratios, setbacks, rights-of-ways, need for retention ponds, Site is adequate based oncoverage of the building, parking and other impervious areas Vehicle access, parking, circulation, and delivery on the site meet the needs of the operation. Utilities servicing the site along with their capacities are adequate Who does the facility serve, where do they commute from and where they will park Where staff commute from and where they will park Site is serviced by public transportation Where shipments and receipts are made Surrounding disturbances that may impact operations. Environmental conditions Is hazardous abatement/contaminated soil clean-up needed? Is an Environmental Assessment or Environmental Impact Assessment needed? Traffic study Historical/Archeological requirements. Security criteria 7.Sustainable sites criteria. (See requirements under The B3 State of Minnesota Sustainable Building Guidelines (B3-MSBG) athttp://www.b3mn.org/guidelines/index.html) Criteria need to consider sustainable strategies for the site of the proposed project. These include: Construction Activity pollution prevention Brownfield development Storm waterdesign Light pollution reduction Bird protection Community,Habitat, Transportation, Open Space, When local/site energy systems have been analyzed and selected, the site criteria may include location of photovoltaic solar panels,wind generators, geothermal systems. 8.Site Amenitiesand Signage The predesign is toidentify anticipated siteinfrastructure improvements and siteamenities and signage and include their associated costs. Phase I and II Environmental site assessments should be requested prior to purchasing or building todetermine the need and cost of soils mitigation. 9.Security site and building may be needed to establish the security criteria for site selection. This should be accomplished along withassociated costs to implement. 10.Site infrastructure, zoning and codes All available information regarding the existing or proposed site is to be included in the predesign submittal including: Existing Conditions Assessment, Hazmat Investigation, Topographic Analysis, Geotechnical/soils Environmental Studies and Reports, etc. Investigate the site utility infrastructure needs to determine if the existing utilities have the capacity or will meet the current codes to support the proposed project. Verify zoning 22 Council Packet Page Number 87 of 170 G6, Attachment 1 requirements. When the predesign team has developed the proposed size and location of the project, it is recommended that the predesign team meet with code and zoning officials to obtain information and requirements. 23 Council Packet Page Number 88 of 170 G6, Attachment 1 SECTION6FINANCIAL INFORMATION 6.1CAPITAL EXPENDITURES The Predesign Submittal for a proposed project must include ALL COSTS associated with the project. Provide a project budget using the Project Cost Formin Appendix 6a and the Construction Costs Form in Appendix 6b (Appendix 6a and 6b forms are located at the end of this Section). In the Construction Costs Form in Appendix 6b, indicate the construction types (new/remodel/renewal). The total project cost includes all direct and associated costs for all activities and phases, including design, surveys, testing, construction, loose equipment,furniture and fixtures,commissioning,move-in,temporary relocations, environmental site analysis,and contingencies.A qualified cost consultant, cost engineer or a professional consulting firm should be a part of the predesign teamfor preparation of costs and working with agency staff in developing the total project cost estimate. The construction cost estimate must pull together the program requirements, site conditions, and reasonable project/facility design assumptions. Project Delivery Method (Construction Management, Design-Build, Design-Bid Build) Specialty design consultants and systems. (Security, Acoustics, Food Service, Lab etc.) Site/Land Acquisition and development (roads, curbs, parking, lighting, landscaping, site amenities, site signage, and zoning requirements such as setbacks, parking/sf ratios) Furniture, Fixtures, Equipment (including interior signage) Percent for Art Site Surveys & GeotechnicalInvestigations(Investigate property and include easements). Site Environmental Assessments(Phase I and II Environmental Site Assessments) SustainabilityDesign and energy modeling. See Minnesota Sustainable Building Guidelines (B3)-design team) Commissioning (HVAC, electrical, building envelope) Including design review. Note: Systems commissioning required by MN Sustainable Building Guidelines (B3) Building Information Modeling (required on new or major remodeling of state buildings) Sewer/Water Access Charges (SAC & WAC) Building Permits and Inspections costs Deconstruction/salvage as part of demolition Insurance costs to be borne by the contractorand owner. Phasing (or interrupted schedules) or schedules requiring overtime Temporary Utilities and Facilities Facilityand siterestrictions or conditions that effect costs. Investigate whether the site has sufficient utility infrastructure sizing to accommodate the new project. Cold Weather Construction Facility Security Requirements(affects cost and schedule) Financing Costs Facility Condition Assessment (renovations) Hazardous Material removal (asbestos, lead paint, mold, PCBs, etc). Site infrastructure, codes and zoning Utility infrastructure needs can be costly and it is important to include infrastructure, zoning and code upgrade costs in the total project budget. When the proposed project will be a major renovation or an addition, investigate the site utility infrastructure needs to determineif the existing utilities have the capacity or will meet the current codes to support the proposed project. Verify zoning requirements for building and site. When the predesign team has developed the proposed size and location of the project, it is recommended that the 24 Council Packet Page Number 89 of 170 G6, Attachment 1 predesign team meet with code and zoning officials to obtain information and requirements. Existing Facilities Analysis When the project involves renovation of an existing facility, the agency/organization shall conduct a FACILITY CONDITION ASSESSMENT (FCA) to assistin determining the replacement and upgrade needs of the existing building and all of its systems (structural, mechanical, electrical, civil systems). The predesign submittal shall then include the FCA and identify the upgrades or replacements being included in the project and costs. Insert the FCA in an Appendix to the predesign and reference it in this narrative. \[insert information following the topics in bold font and delete the above your final document\] Hazardous Material (Remodelings) When the project involves renovation or remodeling of an existing facility, any asbestos, lead paint or other hazardous building materials will need to be identified and removal costs included. This can have a significant impact on theoverall project budget and it isencouraged that an initial non-destructive survey be undertaken to identify materials and their removal costs. \[insert information following the topics in bold font and delete the above your final document\] Site Soils Conduct Phase I and II EnvironmentalSite Assessments. For new structureson existing owned or property to be acquired, there should be a query into the history of the site to determine soil bearing conditions and whether there is a history of contaminated soils. Removal and replacement of unsuitable soils can have a significant impact on the overall project budget and it is encouraged to do some initial investigation to identify soil abatement and replacement with their associated costs. \[insert information following the topics in bold font and delete the above your final document\] See 6.5Risk Mitigation below for additional costs to be considered project development and construction, having an individual or company represent the State and perform the day-to-day activities required of a project will be needed. Costs will vary from two to five percent of the construction cost depending upon the level of service desired. Relocationcosts, if applicable, need to be covered in the predesign also. These costsare funded from the general fund and not bond sales. Information regarding the Chart of Accounts will be presented when the Capital Budget Instructions are prepared and forwardedto the agencies in advance of each bonding cycle. Actual cost histories adjusted for program variations that support the proposed budget are to be included and the source of these costs should be provided as well. Priorto each bonding sessionand during the Capital Budget Process, an inflation table will be posted on the Department of Minnesota Management and Budget (MMB) web site at:http://mn.gov/mmb/budget/budget-instructions/capbud2014sess/index.jsp Cost planning is based on the principle that new project budget ranges should be derived from analysis of historical data for similar projects. If the proposed project costs do not follow historical cost patterns, then the reasons should be determined and explained in the proposed project budget. 6.2ONGOING OPERATING EXPENDITURES 25 Council Packet Page Number 90 of 170 G6, Attachment 1 1.Along with the initial capital cost of a project, the ongoing operational costs must also be considered and then compared with currentlevels of funding for operations, maintenance and staffing. 2.The Predesign Submittal must include a breakdown of ongoing operating costs that will be incurred as a result of the project. The State Operating Costs FormSection 6 -Appendix 6c(located at the end of this Section) isto be included. Also indicate the source of funding for the operating costs. Estimate of project impact on the requesting agency's operating budgets (for state agencies): An estimate of project effects on operating budgets including staffing levels and corresponding salaries and building repair, replacement, utilities, and maintenance should be included. This information should follow the format of information supplied in theState Operating Costs Form-Appendix 6c, located at the end of this Section.Particular attention should be paid to whether the maintenance and operational services are expected to be performed by agency personnel or will be contracted out to private vendors. Summaryof proposed operating revenues and expenditures (nonstate agencies and grants): A five-year estimate of operating budgets that identifies major categories of expenditures and identifies associated revenue sources. If revenue sources include fee generated revenue, a full description of these fees and the assumptions used in making the projections and their justifications should be provided.Potential revenue sources and amounts should also be discussed in this section. All revenue sources (parking decks,dormitories, student centers, cafeterias, etc.) should be listed individually and totaled to show the offset of operational expenses. This section should end with a narrativethat illustrates a comparison of coststhat are anticipated overor underpresent levels of funding for operationsand maintenance and staffing. 3.Although an outside consultant might prepare this section with information provided by the agency, the agency/organization should review the presentation in detail. 6.3LIFE EXPECTANCY This section is used to analyze thecosts and life expectancy of primary building components. Provide an estimate the life cycle(life expectancy in years)and cost of the proposed project and major elements. (Walls, Foundation, Roof, Structural System, Mechanical System, Electrical System) Andinclude acost comparison analysis of at least 2 to 3 options on thosemajor elements. i.e.Steel vs Concrete vs Precast Structural System Identify the selected elements that are to be used andthatare in the cost plan. If the project involves abandoning an existing building and building a new one, this secton should also include a comparison of the cost to renovate the existing building vs building new. 6.4COMPARATIVE FINANCIALANALYSIS Any financial studies or analysis to determine whether new space should be leased, leased to purchase, or owned by the State will need to be funded by the agency from sources other than the bonding bill. If the outcome of the study results in a state-owned facility, the predesign (funded by bond proceeds) can then be undertaken. The predesign document will then contain theanalysis showinglong term costcomparisons. 6.5RISK MITIGATION Identify and assign budget contingencies to risks associated with the project. For State Agency projects 26 Council Packet Page Number 91 of 170 G6, Attachment 1 involving new construction, additions and major renovations, are to include the following project quality control plan AND project budget: a. Building Envelope Commissioning (Design reviews and construction commmissioning and inspections during construction). b. HVAC andElectrical Systems Commissioning (Design reviews and construction commmissioning and inspections during construction). c. MN Sustainable Building Guidelines (B3) d. Building Information Modeling (BIM) with interface of equipment with Archibus. Identify all potential site related risks: Ownership of the site (property liens, deed, etc) Zoningordinances. Design standards and setback requirements, parking/sf ratios, exterior lighting, green space ornatural amenities that need to be preserved orgivenspecial treatment. Easements, both existing and what will be required for new development Acquisition issues, including timing Stakeholders-local/communityand whether community stakeholder meetings are a part of the process Location, description and dimensions, including soil type, climate and topography Potential issues with the surrounding neighborhoodor facilities. Vibration, or other monitoring during construction Utilityinfrastructure capacity,extension or relocation issues Environmentalregulations and site mitigation, including history of possible contamination Wetlands and shoreline impacts, including a wetlands delineation and the need to fill wetlands Shoreline jurisdiction issues Requirementsfor the State Environmental Policy Act and National Environmental Policy Act EnvironmentalWorksheet and Impact statement requirement (and schedule impact). Other regulatory requirements, such as State licensing requirements or U.S. Army Corps of Engineers or Department of Natural Resources permits , Site accessissues,Parking and access issues improvements required local road impacts and parking demand. Impact on surroundings and existing development with construction lay-down areas and phasing Historical and/or archaeological considerations Site compatibility with sustainability requirementsand possible costs Identify risks associated with the design and construction of the building: Building codes ades availability time of materials or components; or shortages of. e moving from a leased location into the new construction and leases have an expiration date near the completion date. The predesign is to include the risks and the associated plan for mitigating each of the risksalong with contingency amounts included in the project budget. 27 Council Packet Page Number 92 of 170 G6, Attachment 1 SECTION 6-APPENDIX 6 WORKSHEET FOR DESIGN AND OWNER COSTS ItemScope of WorkFee/Cost XBasic Services -Architectural Civil Landscape Structural MEP (Mechanical, Electrical, Plumbing) Hazardous Material survey,design, air monitoring, abatement Additional Services(See Section 4.J Quality Control Plan) 1.Specialty Design Security design Food Service Technology Fire Protection Full time site observation Historical Other 2. Interior & Furniture, Fixtures & Equipment (FF&E) bid package(s) 3. Minnesota Sustainable Building Guidelines & SB2030 4. Building Information Modeling (BIM) 5. Move/Occupancy Consultant & Moving company 6. Environmental Assessment Worksheet-Impact of selected site 7. Presentation model of building 8. Presentation Sketches of building 9. Presentations to Legislature, Agency Management, others 10. Exterior utility costs OWNER COSTS(See Section 4.J Quality Control Plan) tative (1 2% of construction) 2. CM at Risk Preconstruction Fees (0.5% of construction) 3. Other State Project Management Costs (0.75% of construction) 4. Construction costs auditor (for CM-Risk & Design Build) 5. Building Abatement Design and Removal (Renovation& Demo) 6. Topographic (ALTA) Survey of selected site 7. Geotechnical Investigation of selected site 8. Phase I and II Environmental Site Assessment (for contaminants) 9. Environmental Assessment Worksheet-Impact Statement (if required) 10. HVAC and Electrical Systems Commissioning (B3 Requirement) 11. Building Envelope Commissioning 12. Construction Testing and curtainwall testing services 13. Permit Costs 14. Sewer Access Cost (SAC) andWater Access Cost (WAC) 15.Wetlands Delineation and (Design & Mitigation) 17. Traffic Studies 18. Historic Structures Report (Historic Preservation Consultant fee) 28 Council Packet Page Number 93 of 170 G6, Attachment 1 Year) Project Finish(Month/ Midpoint Date: Project Start(Month/Year) ll Years Project CostsA 3 22-2 ProjectCostsFY 20 21 20- 29 Project CostsFY 20 9 8-1 Fiscal Years 2018-2023 PROJECT COST FORM Project CostsFY 201 Dollars in Thousands ($137,500 = $138 thousand) Project CostsAll Prior Years SUBTOTALSUBTOTALSUBTOTALSUBTOTALSUBTOTALSUBTOTALSUBTOTALSUBTOTAL SUBTOTAL GRAND TOTAL Land, Land and Easements, OptionsBuildings and LandOther CostsSchematicDesign DevelopmentContract DocumentsConstruction AdministrationOther CostsState Staff Project ManagementNon-State Project ManagementOther CostsSite & Building PreparationDemolition/DecommissioningConstructionInfrastructure/Roads/UtilitiesHazardous Material AbatementConstruction ContingencyOther CostsFurniture, Fixtures and EquipmentTelecommunications (voice & data)Security EquipmentCommissioningOther Costs (i.e. relocation)Midpoint of ConstructionInflation MultiplierInflation Cost TOTAL PROJECT COSTS All Years and All Funding Sources 1.Property Acquisition2.Predesign3.Design Fees4.Project Management5.Construction Costs6.Art7.Occupancy8.Inflation9.Other SECTION 6-APPENDIX 6a Council Packet Page Number 94 of 170 G6, Attachment 1 COST TOTAL (in $000) (in $) Cost Per Sq. Foot RENEWAL Cost (in $000) (Asset Preservation) only Gross Sq.Feet (in $) Sq. Foot Cost Per Construction Costs Cost (in $000) Form should be included on this form. REMODELED 30 Gross Sq.Feet (in $) Sq. Foot Cost Per CAPITAL BUDGET REQUEST CONSTRUCTION COSTS FORM t Cos (in $000) This Form is for Reporting and Analysis of NEW CONSTRUCTION Gross No other cost items from the Project Cost Sq.Feet Feet Gross Sq. EXISTING TOTAL TYPE OF SPACE CONSTRUCTION SECTION 6-APPENDIX6b (Office, Lab, Ramp, etc.) List Major Type of Space Council Packet Page Number 95 of 170 G6, Attachment 1 SECTION 6-APPENDIX 6c CAPITAL BUDGET REQUEST OPERATING COSTS FORM(This form can be edited as neededor other format can be used) CHANGES IN Current CostProjected Cost(Without Inflation) STATE F.Y 2016F.Y. F.Y. F.Y. F.Y. OPERATING COSTS 2017-182019-202021-222023-24 Compensation (Program and Building Operation) Other Program Related Expenses Building Operating Expenses State-Owned Lease Expenses Nonstate-Owned Leased Expenses Other Expenses: (specify): Revenue Offsets TOTAL No. of FTE* Personnel *FTE= Full Time Equivalent NARRATIVE: Insert a narrative thatillustrates the impact of the proposed project, by comparing coststhat are anticipated overor underpresent levels of funding for operations and maintenance and staffing. 31 Council Packet Page Number 96 of 170 G6, Attachment 1 SECTION7SCHEDULE 7.1SCHEDULE INFORMATION Proposed project schedule: Predesign should include a realistic schedule for all stages of the project. Site selection and acquisition, required government actions and proceedings at all levels, designer selection, design approvals, construction, occupancy/relocation, and commencement of operations (commissioning) should all be included (if applicable). Pay special attention to environmental approvals, phasing and associated costs. Proposed funding sequence: The schedule should include a funding sequence for the project that reconciles theagency's needs with the alternate year capital budget cycle if the project will receive funds from more than one appropriation cycle. And the schedule shall include relocation time and sequencing. The schedule should include owner related functions alsosuch as: a. Identify andpurchase land b. Develop land to provided needed utility services. b. Environmental Assessments or Impact Statements c. Owner required shut-downs d. Regulatory reviews (Codes, Health Dept, Environmental, Planning Commissions,etc). e. Secured access by contractors (work within a secure facility will extend the construction schedule due to entry/exit inspections, tool inventories, and security functions which typically reduce actual hours worked per day). f. Owner review of documents g. Commissioning h. Move/relocation 7.2SCHEDULE INFORMATION REQUIREMENTS A summary of milestone dates are to be provided: Funding received Design CompletionDate Bidding/Award of Construction Construction StartDate Midpoint of Construction (see Project Cost Form and Inflation table) Construction CompletionDate Move in dates The predesign document may alsocontain a bar chart (such as a Gantt chart) schedule with all milestone events related to theproject. 32 Council Packet Page Number 97 of 170 G6, Attachment 1 PREDESIGN CHECKLIST 1.Minnesota Statute §16B.335 Subdivision 3 requires submittal of a Predesign Document to the Commissioner of Administration on proposed projects that have a construction cost of $750,000 or greater ($1,500,000 for a local government project) when State money (of any amount) is used on the project. 2.When an appropriation is made for a major construction project, Minnesota Statute §16B.335 Subdivision 1 further requires that you not prepare final plans (construction documents) untilyou present the program plan and cost estimates for all elements necessary to complete the project to the chair of the Senate Finance Committee and the and the Chair of the House Ways and Means Committee and they have madetheir recommendations and the Chair of the House Capital Investment Committee is notified. COMPLETE THE CHECKLIST AND ATTACH AT BACK OF DOCUMENT 33 Council Packet Page Number 98 of 170 G6, Attachment 1 PREDESIGN CHECKLIST-continued Complete this checklist, sign, and submit with the predesign document. CompleteN/A 1.Review the Contentsof a Predesign Submittalin the State's Predesign Manual. weblink: http://mn.gov/admin/government/construction-projects/manuals-guidelines- forms/index.jsp 2.Structure the format of your Predesign submittal to contain theComponents of Predesign. Includecomponent tabs to readily identify and access each component. The components are: a.Predesign Summary Statement b.Basis for Need Project Background c.Agency/Organization Planning d.Project Description 1. Architectural/Engineering Program 2. Precedent Studies 3. Technology Plan 4. Sustainability, Energy Conservation, and Carbon Emissions 5. Operations and Maintenance Requirements 6. Statute Requirements 7. Specialty Requirements 8. Project Procurement and Delivery 9.Quality Control Plan e.Site Analysis and Selection f.Financial Information g.Schedule Information 3. Section 1 Predesign Summary Statement.Work with the user agency to develop the executive summary. Be brief, with a two or three paragraph scope description of the project. Below the description include costs, funding sources and schedule. 4. Section 1Predesign Summary Statement:Complete the "Building/Project Data Sheet" to tabulate the pertinent data upon which the cost estimates are based. Include this sheet as a second page to the Section 1 Predesign Summary Statement. 5. Section 1 Predesign Summary Statement:If the project involves remodeling of an existing building, use the "Building Audit Sheete stems and their conditions. Use and amend the "Building/Project Data Sheet" to indicate the scope of work for the proposed project. Insert behind the Summary Statement. 6. Section 2 BasisFor Need-Project Background:Gather the Section 3 planning information from the Agency/Organization and synthesize it into the format shown in the example. Detailing the Mission, Strategic Plan, Operational Plan and Basis for Need for the project. At the back of this include anyadditional background informationon the project from your work with the agency. 7. Section 2 Basis For Need-Project Background:Verify that the scope of the predesign complies with the language of the appropriation. (For projects that 34 Council Packet Page Number 99 of 170 G6, Attachment 1 PREDESIGN CHECKLIST-continued CompleteN/A have already received a legislative appropriation). 8. Section 3 Agency/Organization Planning:This Section supports the Basis for NeedProject Background. Obtain the following from the user agency/organization: a.Planning documents such as org charts, mission statement, b. Strategic plan, and c. Operational plan for the project. This information would include any supporting data, analysis or studies which support the proposed project and demonstrates the need for the project by linking it cand operational plans; which, in turn were used to prepare Section 2. 9. Section 3 Agency/Organization Planning:Included a list and narrative regarding the stakeholdersinvolved and affected by the project (i.e. other agencies, organizations, andentities). Also include issues that remain to be resolved among stakeholders along with budget and schedule impacts upon the project. 10. Section 3 Agency/Organization Planning:Impacts on Operations, Budget and Facility Staff are detailed. 11. Section 4.A Architectural /Engineering Program:( For State Agency projects) Obtain and coordinate space planning standards with the Department of Administration. Then, include a review sign-off from The Department of Construction Services Division. Focus on job Space Guidelineswhen developing the square foot areas of spaces.(Space Guidelines are located at http://mn.gov/admin/government/construction-projects/). 12.Section 4.A Architectural/Engineering Program.Work with the user/owner to develop the space program.Employ a participatory programming methodology similarto the example) to analyze operations and activities. a.Your methodology should consider Post-Occupancy Evaluation(POE). 13. Section 4.A Architectural/Engineering Program.: Complete the SpaceNeeds Inventory sheet for each room of the project. Include these sheets in the predesign document.The Space Needs sheet should also identify special Mechanical or Electrical needs or upgrades for the space. For instance, you would state the need for special humidification for wood instrument storage in a music classroom. 14. Section4.A Architectural/Engineering Program.: Prepare and include a detailed architectural space program with a Table of Spaces and their respective areas (square footages) with a total of assignable and gross square feet. 15. Section 4.A Architectural/Engineering Program.: Provide adjacency diagrams of all spaces and a diagrammatic/conceptual layout of spaces. Superimpose these diagrams onto the Site Plan to show building/site fit and site relationships. 35 Council Packet Page Number 100 of 170 G6, Attachment 1 PREDESIGN CHECKLIST-continued CompleteN/A 16. Section 4.A Architectural/EngineeringProgram.: On state agency projects, identify potential MINNCOR Industries www.minncor.comand Minnesota State Industries products http://stateindustries.orgfor the project. 17. Section 4.A Architectural/Engineering Program.(for State Agency Projects): If applicable to the agency, work with the user agency to incorporate a Telecommuting Planfor this project. Include the Telecommuting Plan with the Predesign submittal document. Obtain review & response letter from MN.IT. 18.Section 4.A Architectural/Engineering Program.Develop the Furniture, Fixtures and Equipment (FF&E) needs and include the associated costs as a line item in the project cost estimate.Consider Interior/Exterior Signage Exterior landscaping and fixtures, Telecommunication devices, Security Camera System, Lockers, Trash compactor, Window washing equipment, phasing costs, and Moving costs. (Note: moving costs are not bondable). 19.Section 4.B Precedent Studies:Research the project. Visit similar building types andinclude precedentprojects into the predesign document and how the precedent affects the proposed project. Include information on the facilities (name, location, size, design features) ; Then indicate any features that will be incorporated into the proposed project. Special attention should be paid to design features that result in efficiency of program operations and ability to reduce long term operating costs. 20. Section 4.C Technology Program(for State Agency Projects): Identify and document the technology needs for the project. Develop a Technology Plan for the project using the State's Technology agency (MN.IT) guiBuilding Infrastructurelocated at: http://mn.gov/admin/government/construction-projects/. Technology plan is to be reviewed by MN.IT. 21. Section 4.C Technology Plan(for State Agency Projects): Forwardthe review; and obtain a written letter from MN.IT. Incorporate any changes requested by MN.IT. 22.Section 4.D Sustainability, EnergyConservation and Carbon Emissions:In accordance with Minnesota Statute §16B.235 identify Sustainable and High Performance goals for the project using at http://www.b3mn.org/guidelines/index.html.Include a summary table of goals & strategies.Also include the B3-MSBG project submittal report for the Predesign Phase that is generated by use of the B3-MSBG Tracking Tool at http://www.b3mn.org/guidelines/index.html. This requirement applies when the project is new building, addition, or major renovation. See the Applicability rules at the B3-MSBG website. 23. Section 4.D Sustainability, Energy Conservation and Carbon Emissions: Include a table of strategies to comply with Sustainable Building (SB) 2030 requirements. For SB2030 requirements, see: http://www.mn2030.umn.edu 36 Council Packet Page Number 101 of 170 G6, Attachment 1 PREDESIGN CHECKLIST-continued CompleteN/A 24.For the Section 4.D Sustainability, Energy Conservation and Carbon Emissions: In accordance with MN Statute § 16B.32,a identify alternative energy uses and associated systems.This applies to a new building or for a renovation of 50 percent or more ofan existing building or its energy systems. Anticipate future designs which use active and passive solar energy systems, earth sheltered construction, and other alternative energy sources where feasible. 25.Section 4.D Sustainability, Energy Conservation and Carbon Emissions When the project is for a State Agency, provide a cost-benefit analysis for a)including alternative energy (wind and/or solar) sources to provide 2% of the tion. An example of an analysis is located at:http://mn.gov/admin/business/vendor-info/construction- projects/Guidelines/predesign.jsp b)stem 26.Section 4.D Sustainability, Energy Conservation and Carbon Emissions: For compliance with MN Statute 16B.326, provide a written plan in the predesign to consider providing Geothermal and Solar Energy Heating& Cooling Systems on new or replacement HVAC systems. An example of an analysis is located at the weblink above. 27. Section 4.D Sustainability, Energy Conservation and Carbon Emissions: Include a narrative in the predesign that the project specifications are to include requirement 28.Section 4.D Sustainability, Energy Conservation and Carbon Emissions: Estimated yearly energyconsumption and associated costsare included. 29.Section 4.E Operations and Maintenance Requirements: Conduct information gathering and program meetings with operations and maintenance staff. Document and include these needs into the predesign. 30. Section 4.E Operations and Maintenance Requirements: For Projects located on the Capitol Complex, obtain , and (available at http://mn.gov/admin/government/construction-projects/manuals-guidelines- forms/index.jsp). Include these documents in the Predesign document as instructions for the future design team. 31.Section 4.F Statute Requirements: See Appendix 4c for statute requirements related to all projects receiving any amount of state funding. Enter information on how the project will comply with each statute and include in the final predesign document. 32. Section 4.F Statute Requirements,: Review the table of statutes contained in 37 Council Packet Page Number 102 of 170 G6, Attachment 1 PREDESIGN CHECKLIST-continued CompleteN/A this manual. Identify the statutory requirements for the project. These are to be included in the final Predesign Document. 33. Section 4.F Statute Requirements: Include any design requirements or other mandated requirements. a.The statute that gives authority for the operational program b.Licensing requirements. (i.e. Department of Health or other authority) c.Design requirements (i.e.. American Correctional Association standards). d.Operating Standards (required State, Federal, & Industry standards) e.Federal Statutes/Laws/Requirements. f.Significant Building Code or land use/ zoning requirements. 34. Section 4.G Specialty Requirements: Review theneed to conduct a security and/orvulnerability assessment for the project. Include the study in the predesign document along with associated costs. 35. Section 4.G Specialty Requirements: Include any unique requirements that are applicable to thespecific project. i.e. performance requirements, unique testing requirements, environmental reports, assessments, impact statements, facility condition audits that may have been done, hazardous materials surveys, unique construction, restrictions. 36. Section 4.G Specialty Requirements: For renovations and demolitions, verify if the building or structure or amenity is on the register of historic places and/or within a historic district. Meet with the State Historic Preservation Office (SHPO) to determine requirements.Include allSHPO requirements in the predesign as well as all specialty consultants (historic preservationist, archeologist) required for the future design team. 37. Section 4.HProject Procurement and Delivery: Provide a written statement and recommendation ofthe proposed construction delivery method to be used on the project. Include the reasons for this selection. Options include: Design-Bid-Build, Best Value, Construction Manager at Risk, Design-Build. 38. Section 4.I-Project Design Services and other Owner Costs: Provide a listing of all costs that will be incurred in order to build the project. 39. Section 4.J-Quality Control Plan: Provide a listing of all quality control services and costs that are needed and will be incurred in orderto building the project. 40. Section 5 Site Analysis and Selection: Provide a narrative on why the preferred site was selected for the project based on the locations that best meet pre-identified site criteria. For State-owned buildings/State Agency projects, coordinate this effort with the Department of Administration, Real Estate and Construction Services. 41.Section 5 Site Analysis and Selection: When locating or relocating or when proposing a new building or renovation, the Predesign Document must include an 38 Council Packet Page Number 103 of 170 G6, Attachment 1 PREDESIGN CHECKLIST-continued CompleteN/A located at: http://mn.gov/admin/government/construction-projects/ 42. Section 5 Site Analysis and Selection: If the proposed project is a new building that will be in a campus setting (i.e. school, university, prison, extended care); review location options on the campus in regards to efficient operation and programs provided on the campus. (i.e. Agency masterplanning of a campus should occur in order to give direction as to future growth and organization -Note: Masterplanning is not a bondable activity). 43. Section 5 SiteAnalysis and Selection: Verifyif the project will be required to undergo a State Environmental Review. To determine this, go to: http://www.eqb.state.mn.us/EnvRevGuidanceDocuments.htm. If required the predesign will need to include all applicable information and direction to the future design team to provide assistance to the owner and responsible government unit in conducting an environmental assessment (EAW) and environmental impact statement (EIS). Note: If the project includes federal dollars, determine the need to complete an Environmental Assessment in accordance with the National Environmental Protection Act (NEPA). Include all applicable guidelines for EAWs and EISs into the predesign submittal documentif available; if not include costs for these in the project budget. Identify required timelines in the project schedule. 44. Section 6 Financial Information: Compile the project costs using the Department of MinneCapital Budget Request spreadsheet form (this form is included in this manual). Complete this form and include it in the submitted Predesign document. 45.Section 6 Financial Information: Compile the projected operatingcosts using theState Operating Costs form (this form is included in this manual). Other formats/forms are also acceptable. 46. Section 6 Financial Information, review the Project Delivery Method (single prime, multiple prime, design/build )for impact on the Cost Planfor the project. 47. Section 6 Financial Information, include design fees for special consultants in the project costs (i.e. food service, acoustical, security, etc.). 48. Section 6 Financial Information, verify existing utility infrastructures for adequate capacity needed to support the proposed building/facility or renovation. Incorporate costs for upgrades into the budget. 49.Section 6 Financial Information: If applicable and/or desired, include percent for Art in the project cost. Statute 16B.35 Subdivision 1 applies \[up to 1% of the appropriation can be allocated to art in public buildings Detention facilities and non-public buildings are exempt.\] 39 Council Packet Page Number 104 of 170 G6, Attachment 1 PREDESIGN CHECKLIST-continued CompleteN/A 50. Section 6 Financial Information: Assist the user agency in identifying and incorporating contingency phasing and funding plans into the predesign to anticipate questions during legislative hearings. 51.Section 6 Financial Information: When the proposed project is for an existing correctional facility, obtain the contractor securityrequirements for the facility and include appropriate cost and schedule adjustments. (Working in a secure facility will add approximately 15-20% cost to the project). 52. Section 6 Financial Information: On major building projects, use the predesign to develop an options based strategy for the agency to use in approaching the governor and legislature when requesting funding. The predesign should anticipate possible questions by presenting options for varying scopes and costs. Examples are: 1)Itmay make sense to break out options (and costs) to spread the funding rover several capital bonding sessions. 2) Phasing of the project 53.Section 6 Financial Information: For renovations, a Facility Condition Assessment has been conducted on theexisting building and associated upgrade costs are included in the estimate. 54. Section 6 Financial Information: Conduct an industrial hygiene investigation to determine if there are any hazardous material/asbestosabatement clean-up costs, fuel tank removal and/or contaminated soils clean-up costs for the proposed project or site. 55. Section 6 Financial Information: Provide the Life Expectancy of the major building components and building as a whole and included in the predesign document. Show comparison costs of varying construction systems/components and their life span. Indicate the selected system that was used to prepare the cost estimates. 56. Section 6 Financial Information: (For State Agencyprojects) Guidelines were reviewed and associated costs accounted for. 57. Section 7 Schedule Information: Include a schedule narrative and bar chart in the submittal document. Include time for hazardous material abatement, siteclean- up, fuel tank removal and soils replacement costs, project schedule phasing time, relocation/move time, and any potential long-lead material deliveries. 58. Section 7 Schedule Information: Include a quality control/coordination review of theconstruction documents by a thirdparty. Include the cost cost of this in the design budget. Indicate a minimum of 2 months in the schedule for this review. 59. For State Agency projects: Completethe Technology Checklist. Insert the MN.IT letter indicating they have reviewed and approved the Technology and 40 Council Packet Page Number 105 of 170 G6, Attachment 1 PREDESIGN CHECKLIST-continued CompleteN/A Telecommuting Plans. 60. This predesign document contains all the necessary requirements and costs for: a.The owner to confidently pursue funding based on the cost estimates contained. b.The owner to advertise for design services and structure their contract with a design firm as to the design scope of work and fee; and, c.The future design team for all project requirements in order to carry out the proposed design. d.All owner costs required to deliver the proposed project. 61.Include the SIGNATURE sheet, with signature of the ARCHITECT (see page 1). 41 Council Packet Page Number 106 of 170 G6, Attachment 1 PREDESIGN CHECKLISTcontinued TECHNOLOGY & TELECOMMUNICATIONS CompleteN/A 1. Building InfrastructureGuidelines For State-Owned and review therequirements for costs to be included in the project. For future design use, should the project be funded, include the Technology Plan and guidelines in the predesign submittal. 2. In coordination with MN.IT, determine the need for and develop aTechnology & Telecommunications Plan for the project. Form and convene a Predesign meeting to Predesign Team will consist of, but will not be limited to: Agency/customer Real Estate and Construction Servi Telecommunications Analyst (S)/Designer (if required for predesign) 3. For remodeling projects, verifyexisting technology infrastructures for adequate capacity. Include upgrade costs in theCost Estimate. 4. 5.Identify if the project is or will be a single building or campus configuration. 6.Identify existing distribution rooms and their capacity. 7.Identify requirements for new distribution rooms. 8.Identify Fiber Optic requirements, existing locations, new fiber lines. 9.Identify copper-wiring requirements, existing and new. 10. If information technology work is to be within an existing building, identify existing conditions; i.e. floor & ceiling heights & conditions, piping and duct conditions, water problems, feedercable limitations, equipment room limitations. 11.Identify existing telecommunications infrastructure service to the building. 12.Identify types of existing cable trays and requirements for new cable trays. 13.For projects in existingbuildings, coming into the building. 14. Identify MPOP (Main Point of Presence), APOP (Alternate Point of Presence), Internet Point of Presence locations and needs. 15. Forward a copy of the projectTechnology Plan and Telecommuting Plan to MN.IT. 16. Obtain a written letter from MN.IT indicating acceptance of the Technology 42 Council Packet Page Number 107 of 170 G6, Attachment 1 PREDESIGN CHECKLISTcontinued TECHNOLOGY & TELECOMMUNICATIONS CompleteN/A Plan and Telecommutiinto the Predesign Document. 17. Incorporate any changes into the Technology Plan as requested by MN.IT 18. Verify existing utility infrastructures for adequate capacity andcost upgrades needed to support the proposed building/facility or renovation. PREDESIGN CHECKLIST Check off the above items as they are completed and include this checklist with your final submittal document. Completion of this checklist is MANDATORY. CONSULTANT SIGNATURE: Signature: _______________________________ Name of Project: ________________________ Printed Name: _______________________________ Agency: ________________________________ Title: ________________________________ Facility: ________________________________ Company: ________________________________ State Project No. ________________________ 43 Council Packet Page Number 108 of 170 G6, Attachment 1 SAMPLE PREDESIGN SUBMITTAL COVER LETTER LETTERHEAD of Agency or Organization \[insert date\] Commissioner \[insert name of Commissioner of Administration \] c/o Eric Radel Real Estate andConstruction Services 309Administration Building 50 Sherburne Ave St. Paul, MN55155 Dear Commissioner \[insert name\], RE: Predesign Submittal for orert name\] building In accordance with Minnesota Statutes §16B.335, Subdivision 3, enclosed you will find the Predesign submittal document for the \[insert name of project, building & location\]. This predesignoutlines the \[insert name of agency/politicalsubdivision\] for the \[insert year\] state legislative session. This project consists of the \[new construction of\] or\[remodeling of\] \[insert number of square feet\]ofspace tosupport\[insert operational plan/goal\]. The total project cost is estimated to be \[ insert amount \].This proposal seeks orin the amount of \[insert amount\]. Sincerely, \[insert Commissioner/AuthorityName\] \[or head of political subdivisionor other approving authority\] Enclosure cc: 44 Council Packet Page Number 109 of 170 THIS PAGE IS INTENTIONALLY LEFT BLANK Council Packet Page Number 110 of 170 I1 CITY COUNCIL STAFF REPORT Meeting Date October 23, 2023 REPORT TO: Melinda Coleman, City Manager REPORT FROM: Lois Knutson, Administrative Services & Performance Measurement Coordinator PRESENTER: Melinda Coleman, City Manager AGENDA ITEM: Award of 2024 Charitable Gambling Funds Action Requested: Motion Discussion Public Hearing Form of Action: Resolution Ordinance Contract/Agreement Proclamation Policy Issue: Each year the City of Maplewood solicits requests for Charitable Gambling funds. Every year the requests for funds have exceeded the available funds. That is the case this year, as well. The City Council received 8 applications with $57,500 in requests for projects in this yearÓs priority categories of Environment & Natural Resources and Safety Programs. The budgeted amount to award is $40,000. Recommended Action: Staff recommends the City Council review and approve the proposed award amounts below. Amount Recommended hƩŭğƓźǩğƷźƚƓ Award Requested Aquatic Research & Conservation Society, Inc. $5,000.00 υЋͲВЉЉ͵ЉЉ Carver Elementary PTO $6,000.00 υЍͲАЉЉ͵ЉЉ Fish & Waters Conservation Fund $10,000.00 υЌͲЏЉЉ͵ЉЉ Friends of Maplewood Nature Center $5,000.00 υЍͲЉЉЉ͵ЉЉ Maplewood Fire Department $7,500.00 υЏͲВЉЉ͵ЉЉ Presentation of the Blessed Virgin Mary $1,500.00 υЊͲЋЉЉ͵ЉЉ Silver Lake Improvement Association $2,500.00 υЋͲЉЉЉ͵ЉЉ Tubman Family Alliance $20,000.00 υЊЍͲАЉЉ͵ЉЉ $57,500.00 υЍЉͲЉЉЉ͵ЉЉ Council Packet Page Number 111 of 170 I1 Fiscal Impact: Is There a Fiscal Impact? No Yes, the true or estimated cost is $40,000. Financing source(s): Adopted Budget Budget Modification New Revenue Source Use of Reserves Other: NA Strategic Plan Relevance: Financial Sustainability Integrated Communication Targeted Redevelopment Operational Effectiveness Community Inclusiveness Infrastructure & Asset Mgmt. The City of Maplewood grants funds from the Charitable Gambling Tax Fund to support activities and services that benefit Maplewood residents. Background In an effort to make a more significant impact for each organization, the City Council directed staff to develop a three-year rotating schedule, whereby priority for funding will be given to requests that fit into specified categories each year. Year 1 (2022): Social Supports and Senior Citizen Services Year 2 (2023): Youth Programs and Community Engagement & Events Year 3 (2024): Environment & Natural Resources and Safety Programs The City Council approved this modification to the Charitable Gambling Policies on August 23, 2021. Therefore, the funds currently being awarded for 2024, will have priority given to Environment & Natural Resources and Safety Programs. The City Council reviewed the approved applications on October 9, 2023. Upon reviewing the applications, the Council submitted recommendations for award amounts to staff to be tallied. Staff has tallied the recommendations and has provided suggested award amounts for the Council to consider. Attachments 1. 2024 Charitable Gambling Funds Recommended Awards Council Packet Page Number 112 of 170 I1, Attachment 1 Award Recommended υ ЋͲВЉЉ͵ЉЉ υ ЍͲАЉЉ͵ЉЉ υ ЌͲЏЉЉ͵ЉЉ υ ЍͲЉЉЉ͵ЉЉ υ ЏͲВЉЉ͵ЉЉ υ ЊͲЋЉЉ͵ЉЉ υ ЋͲЉЉЉ͵ЉЉ υ ЊЍͲАЉЉ͵ЉЉ $ $6,000.00$6,000.00$ $5,000.00$ $4,000.00$5,000.00$ $7,000.00$5,000.00$ $1,500.00$1,500.00$ $2,500.00$2,500.00$ $10,000.00$20,000.00 $ 4,500.00$ 3,000.00$ 3,500.00$ 7,500.00$ 1,000.00$ 1,500.00$ 16,000.00 AbramsCaveJuenemannLeeVillavicencio $ 6,000.00$ 5,000.00$ 5,000.00$ 7,500.00$ 1,500.00$ 2,500.00 $ 2,500.00 $ 5,000.00 $ 3,000.00 $4,000.00 Amount $57,500.00$40,000.00$40,000.00$40,000.00$40,000.00$40,000.00$40,000.00 Requested 2024 Charitable Gambling Funds Score Sheet hƩŭğƓźǩğƷźƚƓ Aquatic Research & Conservation Society, Inc. $5,000.00Carver Elementary PTO$6,000.001,000.00Fish & Waters Conservation Fund$10,000.005,000.00Friends of Maplewood Nature Center$5,000.002,500.00Maple wood Fire Department$7,500.007,500.00Presentation of the Blessed Virgin Mary $1,500.00500.00Silver Lake Improvement Association$2,500.001,000.00Tubman Family Alliance$20,000.00$20,000.007,500.00 Each council member had $40,000 to distribute among the groups. The final recommended award is the average of their scores. Any reduction in available funds will result in a proportional reduction of the award amount.Organizations must receive awards from a minimum of three council members to be qualified to receive funding. Council Packet Page Number 113 of 170 I2 CITY COUNCILSTAFF REPORT Meeting Date October 23, 2023 REPORT TO: Melinda Coleman, City Manager REPORT FROM: Elizabeth Hammond, Planner PRESENTER: Danette Parr, Community Development Director AGENDA ITEM: Snake Discovery, 831 Century Avenue North a.Conditional Use Permit Amendment Resolution b.Zoning Map Amendment Ordinance (Requires four votes) Action Requested:MotionDiscussionPublic Hearing Form of Action: Resolution OrdinanceContract/Agreement Proclamation Policy Issue: Snake Discovery has requested to install one exterior light within their parking lot. The property has a conditional use permit from a prior business that operated on the site (a garden center), and one of the conditions explicitly prohibits exterior lighting. An amendment to the conditional use permit is required to proceed with the proposed light. As part of this proposed CUP amendment, city staff reviewed the official controls for this property. It was identified that there was an inconsistency between the zoning of the property and the 2040 Comprehensive Plan designation. State law requires the zoning of parcels to be consistent with the city’s adopted comprehensive plan. The west portion of the property is currently zoned single-dwelling residential, where the parking lot is located. The east portion of the property is zoned business commercial. The city’s 2040 Comprehensive Plan guides the overall property as mixed-use neighborhood, and this land-use designation does not support additional development of single-dwelling homes. This rezoning will eliminate the zoning and land use inconsistency so that the property complies with the future land use designation in the city’s comprehensive plan as state law requires. Recommended Action: a.Motion to approve a conditional use permit amendment resolution for the property at 831 Century Avenue North, subject to certain conditions of approval. b.Motion to approve an ordinance amending the City’s zoning map to rezone the west portion of the property at 831 Century Avenue North from R1, single-dwelling residential, to BC, business commercial. Fiscal Impact: Is There a Fiscal Impact? No Yes, the true or estimated cost is $ 0.00 Financing source(s): Adopted Budget Budget Modification New Revenue Source Council Packet Page Number 114 of 170 I2 Use of Reserves Other: n/a Strategic Plan Relevance: Community Inclusiveness Financial & Asset Mgmt Environmental Stewardship Integrated Communication Operational Effectiveness Targeted Redevelopment The city deemed the applicant’s application complete on August 29, 2023. The initial 60-day review deadline for a decision is October 27, 2023. As stated in Minnesota State Statute 15.99, the city can take an additional 60 days (to December 26, 2023), if necessary, to complete the review. Background: Snake Discovery, an indoor educational zoo and retail store featuring reptiles and amphibians, uses the property. The property has a conditional use permit for the previous business, a garden center that operated on the site for many years. The conditional use permit for the property was initially granted in 1971, allowing a parking lot on the property, and was subsequently amended to allow outdoor sales and display. Historically, the property has been used since the 1950s for commercial uses, but when the property for the parking lot was acquired, that area of the parcel maintained a residential designation. While on a separate legal parcel, the Snake Discovery building is attached to a veterinary clinic and a 10-unit apartment building (formerly a hotel). Conditions and language within the existing CUP are specific to the previous business. One particular condition states that there cannot be exterior lighting in the parking lot. The applicant is requesting to install one external light in the parking lot to provide visibility and safety for staff and visitors to the zoo and retail store. The preliminary photometric plan is included with this report for reference. The final light design and any future exterior lighting must be reviewed by city staff before installation and achieve city ordinance requirements. In 1988, the city council approved re-guiding the property’s land use to commercial and rezoning only a portion of the property to commercial, where the building is located, keeping a part of the property where the parking lot is situated as residential. The surrounding neighbors opposed the business expanding the operations on the parking lot and towards the residential street to the west; as a result, the council decided to rezone only a portion of the property and restrict the use of the back portion. It should be noted that the 2030 and 2040 Maplewood comprehensive plans have guided the entire parcel for either commercial or mixed use – meaning that single-family zoning on any part of the parcel is inconsistent with the comprehensive plan. The parking lot is within the same parcel of property as the building and has always been used for commercial purposes. Prior City Action and Court Case – Dege Garden Center In 1971, when the conditional use permit was first granted to Dege Garden Center, the permit allowed for the area behind the building to be used as a parking lot for the business. The property was zoned residential, but the CUP allowed the owner to use the area for customer parking. In 1986, the owner obtained a building permit to build a garage on the parking lot. The permit was issued in error, and the garage was substantially complete. The city later stopped the owner from completing the garage, stating it violated the CUP. In 1987, the owner filed a declaratory judgment action against the city, and the district court granted summary judgment in the owner’s favor, allowing him to keep the structure. However, the court of appeals later reversed the decision, ruling in favor of the city and requiring the owner to remove the Council Packet Page Number 115 of 170 I2 garage. The summary judgment and appeals ruling from this case are attached for reference, and it does not prohibit the city from formally rezoning the west half of the parcel to comply with the comprehensive plan. Conditional Use Permit The site has an existing conditional use permit, which prohibits exterior lighting. The applicant formally requests to amend the CUP for an exterior light. The request requires a revision to the CUP and offers the opportunity to review the conditions on the permit so that they better reflect and address the current site conditions. In doing so, staff recommends that the previous requirements under the CUP granted in 1971 and amended in 1988 be terminated. The property still requires a CUP, as exterior storage or sales occur underneath the canopy area. Staff is recommending the following conditions be placed on the conditional use permit: 1. This conditional use permit, approved on October 23, 2023, supersedes the permit issued on June 3, 1971, and amended on June 1, 1988. All previous CUP conditions are terminated. 2. The city council will review the permit in one year. 3. Outdoor sales, storage, and display are not permitted in the parking lot. These activities are allowed, however, limited to the area underneath the canopy structure along the west side of the building or at the main entrance on the east side of the building, off Century Avenue. 4. A trash enclosure is required around all trash containers or dumpsters and shall be 100 percent opaque. The enclosure must meet city ordinance requirements in Section 44-19 (e). The owner will submit a plan detailing the proposed location and design of the trash enclosure before installation. The location of the trash enclosure shall minimize the loss of parking spaces. The enclosure is required to be maintained on the site at all times. 5. The fence surrounding the parking lot perimeter must be continuously maintained or repaired as needed. The fence shall be 100 percent opaque and 6 feet in height. 6. A landscaped and screened area shall be continuously maintained around the parking lot perimeter. Plantings shall be maintained in a neat and healthy condition. Plantings that have died shall be promptly replaced and must meet city ordinance requirements in Section 44-19 (a) – (d). 7. Exterior lighting is required to be reviewed by city staff before installation and to achieve city ordinance requirements. The applicant will submit all the necessary plans for review as described in Section 44-20 (c) (1). Lighting shall be equipped with an automatic dimmer control. 8. Customers of the business cannot park on adjacent residential streets. The owner will install a “stop” sign and a “no left turn” sign at the parking lot exit onto 7th Street East. The owner will coordinate the location and installation of the sign with the Public Works Department. 9. The parking lot area shown on the Overview Map – Site Plan, Dated October 16, 2023, is to be used exclusively for customer parking accessory to the primary commercial building on the parcel. The city council must approve any changes to the site through an amendment to this permit. Council Packet Page Number 116 of 170 I2 Zoning Map Amendment As part of this current CUP amendment, city staff is proposing to formally rezone the west portion of the property, currently designated as single dwelling residential, where the parking lot is located, to business commercial, eliminating the zoning and land use inconsistency and ensuring the property’s zoning complies with the future land use guidance in the city’s comprehensive plan, as state law requires. The current land use guidance for the property is Mixed Use – Neighborhood. Statutory Language Minnesota Statues, Chapter 473, relates to the Metropolitan Council. The following are a few sections from the land use planning portions of that statute that address the requirement for consistency between the comprehensive plan designation and zoning for a property. The statutory language directly explains why staff initiated rezoning this property's west portion. 473.858 COMPREHENSIVE PLANS; LOCAL GOVERNMENTAL UNITS. Subdivision 1. No conflicting zoning, fiscal device, official control. Within nine months following the receipt of a metropolitan system statement for an amendment to a metropolitan system plan and within three years following the receipt of a metropolitan system statement issued in conjunction with the decennial review required under section 473.864, subdivision 2, every local governmental unit shall have reviewed and, if necessary, amended its comprehensive plan in accordance with sections 462.355, 473.175, and 473.851 to 473.871 and the applicable planning statute and shall have submitted the plan to the Metropolitan Council for review pursuant to section 473.175. The provisions of sections 462.355, 473.175, and 473.851 to 473.871 shall supersede the provisions of the applicable planning statute wherever a conflict may exist. If the comprehensive municipal plan is in conflict with the zoning ordinance, the zoning ordinance shall be brought into conformance with the plan by local government units in conjunction with the review and, if necessary, amendment of its comprehensive plan required under section 473.864, subdivision 2. 473.865 ADOPTION; CONFLICTS, AMENDMENT OF CONTROLS, DEVICES. Subd. 2. No conflict with plans. A local governmental unit shall not adopt any official control or fiscal device which is in conflict with its comprehensive plan or which permits activity in conflict with metropolitan system plans. Subd. 3. Amendments. If an official control conflicts with a comprehensive plan as the result of an amendment to the plan, the official control shall be amended by the unit within nine months following the amendment to the plan so as to not conflict with the amended comprehensive plan. ity Council Review Commission and C Planning Commission September 19, 2023: The Planning Commission reviewed the conditional use permit amendment and zoning map amendment ordinance. The commission voted to recommend approval of the conditional use permit, requesting staff to assess the parking on the site as it compares to current parking requirements. The planning commission voted to deny recommending the rezoning amendment ordinance. Council Packet Page Number 117 of 170 I2 Overall, the site has (39) stalls in the back parking lot and (4) stalls in front of the building for a total of (43). The current parking requirement is one stall for every 200 square feet of floor area. The building isapproximately 10,500 square feet and would require 52.5 stalls. There is space along the north and west property lines where the parking lot could be expanded, closer to the adjacent residential homes, but it would require that the fence be moved and the removal of established trees and shrubs, which provide screening for the site currently. Staff has visited the site on several occasions and has yet to see the parking lot full. The owners of Snake Discovery have stated that other than once a rare occasion, they have not experienced an issue with their customers not being able to park on the site. The current commercial use has been in place for many years, and the only physical change to the property before the council is a request to add an exterior light pole in the parking lot. Therefore, staff is not recommending additional conditions or assessments related to the parking onsite. City Council October 9, 2023: The City Councilreviewedtherequest and tabled the application to the next meeting, requesting that staff revise the conditions on the permit. The council wanted to eliminate language that would have potentially required the applicant to enlarge the parking lot and to add specific language clarifying that the area used for parking may continue to be used for parking and that the city council must review any changes to the site plan. Staff made a map to illustrate the current conditions of the parcel and referenced the “overview map-site plan, dated October 16, 2023” in the condition. Additionally, the council did not find it necessary to require that the light be turned off at night, so staff removed this requirement. October 23, 2023: The City Council will review the request and make the final determination on the conditional use permit amendment and zoning map amendment ordinance. Department Comments None. Public Comments Staff sent a public hearing notice and application details to the properties within 500 feet of the subject property. Seven written comments, a neighborhood petition, and a letter from an attorney that a resident hired were received. It should be noted that two of the seven comments included in the staff report below are from the same person, one comment being received prior to the October 9, 2023, city council meeting, and then a second comment received prior to the October 23, 2023, city council meeting. 1. I was unable to attend the September 19th Maplewood Planning Commission meeting regarding the Snake Discovery discussion but just watched it on the web site. It seemed that the hearing notice mentioned the main reason for the meeting was for a parking lot light. Obviously, it was more about the residential lot. To be clear: 1) I am ok with a light in the Snake Discovery Parking lot, 2) I do not want the lot zoned to commercial. As soon as that lot is changed to commercial it opens up the potential for changes that I don't want to see in my residential neighborhood. I can't say I've found Snake Discovery to be the most considerate neighbors. I think their business might have gone better than expected so they are looking for ways to expand; well I don't want that in the residential lot. That parking lot Council Packet Page Number 118 of 170 I2 needs to continue to stay the way it is. I will be attending the October City Council Meeting to express my concerns. Thank you, (Roseann Cronk, 2695 7th St E) 2. My name is Tim Koenig and my wife Sue and I own the property directly west of the Snake Discovery (825 Mayhill Rd N). We have lived in our home since August of 1998. We would like to be clear on the reasoning for rezoning. It sounded like the owners of Snake Discovery are not requesting it. It sounded like Staff initiated the rezoning just because the current zoning is a little odd and not normal, is that correct? It was brought up by a neighbor at the Public Hearing on September 19 that the CUP be modified and not rezoned. Why is that not possible? If all Snake Discovery wants is a light then why did staff recommend rezoning it? Why not change the CUP and give them a light? Who is the staff and what is their roll compared to the City Council? With the street project that was completed a few years ago we (on Mayhill) are now limited to 1 side of the street parking. Snake Discovery is popular during the summer months, this causes increased traffic and limits parking for the residents th and their guests on 7 St and Mayhill Rd. Also we have a lot of children on our block and the added traffic is a big concern. Parking was also discussed and there was talk of expanding the parking lot and removing the trees and moving the fence. We would not want the current landscaping cut down. It is obstructing the view of the commercial building which is a plus for the neighborhood. We would also request that the fence be made mandatory in the revised CUP. We do want to have head lights shining into our home. Can you confirm the following: The Motion to approve a change to the Conditional Use Permit – passed contingent on a parking assessment. My understanding of that is that the assessment will happen and then the results will be available to the public. But then what? Will it will be voted on again? According to the mailing the change to the CUP was to “Install one external light pole to be placed in the site’s parking lot”. Is that all that is going to be changed in the CUP? The Motion to approve zoning R1 single to BC (business commercial) did not pass. th So now it goes to the City council to meet on Oct 9. 7:00 pm and they will vote. Will our concerns be taken into consideration before the vote? Do we need to submit our concerns prior to that meeting? Thank you. (Tim & Sue Koenig, 825 Mayhill Rd N) 3. I attended the meeting on September 19, 2023 regarding the snake discovery rezoning to commercial property. I am opposed to rezoning to commercial, there’s no reason they can’t put up a light in their parking lot. It doesn’t even have to be a commercial grade, we all have them on our garages and light up the area very well. It is a residential neighborhood and they knew that when they purchased the property. As far as the residents responding to this notice before the September 19 meeting your notice does not state that must happen. It says if you would like to provide feedback relating to this application, so that was an improper statement you made at the meeting. (Christine Stenger, 2703 7th St E) 4. I live at 777 Mayhill Rd N, Maplewood, MN 55119. My biggest concern is the overflow of parking onto Mayhill and 7th Street. As you mentioned in the last meeting, please review the number of stalls and the parking requirements for commercial use zoning. If this lot is rezoned to commercial is there an opportunity to expand the lot? If this is an idea I would suggest a stipulation to a new CUP amendment that the commercial fence surrounding the full exterior of the property line and landscaping be included to keep the aesthetic of the community. To increase safety I would like to see a No Left Turn sign be placed at the exit of their parking lot. Regarding the light that Snake Discovery would like to install. The Lighting guy that spoke at the meeting was very helpful and I only wonder about the timing that the light will be in use. Will it be on all night? Could there be a timer that would shut it off Council Packet Page Number 119 of 170 I2 within 2 hours after closing so it is not on all night? Maybe this would be a good way to work together? Thank you for your time and your review of this matter. (Missy Ek, 777 Mayhill Road) 5. I live directly West across the street at 833 Mayhill Road North from the subject property. This location has always been a controversial topic, at least to the residents on Mayhill Rd N. and 7th Street E. Living here since December of 1987, I have not experienced any significant problems from the previous longtime business owner, George Dege. To date, the current owners of Snake Discovery seem to be responsible and appear to care about the neighborhood. In fact, they have referred their clientele to utilize the Nature Center trail as seen on their YouTube videos. The current proposal of installing an external light in the parking lot not only makes good sense from a business standpoint, but most assuredly a SAFETY one. Why hasn’t this been done before? For the proposal to zone the entire property as Commercial also seems to make sense. While I know there is strong opposition from the neighbors, this property, at least since I’ve been living here has always been used as Commercial. Again, why hasn’t this been corrected years ago? This was an opportunity missed before the new business owners, Snake Discovery, opened their doors. It would be beneficial and deserving to explain this process to the residents as to why this proposal is coming up now. There’s much speculation circulating by zoning this property Commercial. Residents are angry and fearful to think there could be a gas station or fast food restaurant there one day and are trying to preserve their neighborhood. Let’s get this right Maplewood…whether it be to zone it Commercial or leave it as a Conditional Use Property. At the very least, listen to your residents. (Carol McDonough, 833 Mayhill Rd N) 6. I am writing you in regards to a motion to rezone the west portion of the property located at 831 Century Ave. N. I have reached out to all of you in hopes to have a discussion about this, and for those of you who have taken the time to respond, thank you. I have expressed to you in conversation, at the previous city council meeting, and initially at the planning commission meeting that I am against rezoning the R1 portion to B/C. I stand firm in my conviction that the rezoning should not happen. I take that position because I think that if rezoned, it would depreciate the property value of not only my residence, but also those of my fellow neighbors in this residential area. The potential for aesthetic change should a rezoning take place is also very concerning. I purchased the house my aunt and uncle built knowing what I was getting. Much like all people or business that move into where they decide to be. Any change would take away from our neighborhood, period. What I have been hearing while paying attention to this topic are words like inconsistency, fear, nothing proposed right now, nothing communicated previously, parking concerns, traffic, and others. So I would like to touch on this. The inconsistency, as mentioned by staff, is between the comp plan and the zoning. What I want you all to know, is that the inconsistency I see, is that the city allowed a parking lot on a R1 property in the first place. That was put on this residential neighborhood years ago. The neighborhood has had no choice but to accept that and it has become part of the neighbor. To my knowledge, no one is even asking for that to change. I for one, am not speaking out of fear as perceived by some. I am speaking out of the desire to preserve my residential neighborhood as it has been. Any change would deteriorate from the neighborhood feel as it is and as it should remain. I heard some fear from the council to “deal with Met Council”. I have personally reached out the the Met Council. From the conversation I had, they will amend the comp plan per the city request as mentioned as an option at the City council meeting. I would also like to remind you that the comp plan is not perfect and has been amended multiple times already. Nothing is being proposed right now by any member of the community. So as someone said at the council meeting, nothing is broke so nothing needs to be fixed. It was also mentioned by the city Council Packet Page Number 120 of 170 I2 attorney that there is no deadline because of the same reason. As far as nothing being communicated prior to the planning commission meeting, the letter that was received by those of us within 500’ stated that it was a public hearing and we would have our chance to speak. That is the route I chose to take and I do appreciate the opportunity to take part. Since then, our neighborhood has submitted a petition to you, and I would like to note, that an over whelming majority if not all residents signed the petition. Further out that the required 500’ notification that was sent out. The entire neighborhood is against the rezoning. Yet, very few if any are opposed to the proposed light also at topic. This neighborhood has absorbed excess traffic and congested parking on our streets due to our business neighbor. They have told their customers to use residential streets as their parking lot in YouTube video form before they even opened for business. The concern with that is the excess traffic that the streets are not designed for, safety of our residential community, the children, the pets, the environment, and the use of our personal driveways as a means to turn around. It is not an everyday occurrence, and that is why it has been tolerated without much complaint. I am happy to see a successful business occupy the property in question. However, their success as a business should not be at the expense of the residential neighborhood. In conclusion, I am asking you to amend the CUP attached to this property. Allow my neighbor to put a light in their lot. Keep in place the items that conserve the neighbor as is. I recommend adding in public notification to any future amendment proposals to the the CUP. I urge you to listen to your constituents, leave to zoning as is and amend the comp plan. Thank you for your support. I will not be able to attend the meeting on 10/23 as I have other commitments. (Joe Koegel, 2677 7Th. St. E) th 7. I would like to respond to Mayor Abrams comment during the October 9City Council meeting that, “This has been a parking lot for 52 years….no way that is not going to be a parking lot….if residents wanted this to not be a parking lot we don’t have the authority as the City Council after 52 years and you living with the parking lot for 52 years that we have authority to change that.” The residents didn’t have a choice because the City gave Dege the authority to use the R1 lot as a parking lot. Dege was in business for that number of years and the CUP attached to that property gave him a Special Use Permit to do so. Dege purchasing the lot was the answer to complaints of traffic pulling out directly onto Century (safety concerns) and because delivery trucks were having difficulty maneuvering around the original lot damaging neighboring properties. As long as Dege was in business we had no option but to respect the Cities decision. Number 9 of the CUP from 1971 stated: The Special Use Permit to use the site for off-street parking shall be assigned to the Dege Garden Center. Any change in occupancy or use of the current Dege Garden Center shall not give future occupants any rights to the use of the parking allowed in this permit. Further, should the Dege Garden Center vacate its business premises, go out of business, or abandon its current site, then the Special use Permit for off- street parking of lots 31 and 32, Blk 1, Cahanes Acres, shall become immediately null and void and such parking land use rights in this Permit shall not be transferable or negotiable by the permittee (Mr. Albert Dege) to any future occupants or purchasers of Dege Garden Center property located at 831 Century Avenue, North. Based on the above, I don’t think there was an error in leaving that lot zoned as R1 because it was not assumed that it would be a parking lot for this length of time. Or, there was a possibility that it could return to residential lots in the future. Council Packet Page Number 121 of 170 I2 It was continuously noted at the City Council meeting that Snake Discovery did not request the change in zoning so I’m assuming they didn’t have an issue with the lot being zoned R1. Based on a conversation Joe Koegel had with the Met Council I don’t think they care either; they go by the recommendations of the City. There isn’t a need to make a change to the Comprehensive Plan. Mr. Batty stated the City can change the Comprehensive Plan for a single parcel. I don’t know how you can ignore the Planning Committee’s vote of 3 to 2 to leave the zoning R1 or the neighborhood petition requesting the city leave the lot zoned R1. I’m really disappointed to hear the City Council members say that they don’t want to work with the Met Council because it’s too much work. Isn’t that why we voted you in office? Isn’t that part of the job? Did you say, “Oh, I would like to run for City Council but don’t ask me to do anything with the Met Council because it’s too much work.” I wouldn’t have gotten away with that at my job. I thought you worked for the citizens of Maplewood. This parking lot is specifically located in a residential neighborhood while most of the commercial business is contained on Century Avenue. I want it to stay that way. These are my requests: The parking lot remains zoned as R1 There are notes made that this lot is permanently zoned R1 so we don’t have to visit this again The CUP states the parking lot must remain its current size which includes th wide boulevards. Respectfully, (Roseann Cronk, 2695 7 St E) Reference Information Site Description Site Size: 1.04 Acres Existing Land Use: Snake Discovery (Commercial) Surrounding Land Uses North: Single Dwelling Residential South: Commercial and Single Dwelling Residential East: Commercial West: Single Dwelling Residential Planning Existing Land Use: Mixed-Use, Neighborhood Existing Zoning: Commercial and Single Dwelling Residential Attachments: 1. Conditional Use Permit Amendment Resolution 2. Zoning Map Amendment Ordinance 3. Overview Map 4. Future Land Use Map 5. Zoning Map 6. Applicant’s Narrative Council Packet Page Number 122 of 170 I2 7.Preliminary Lighting Plan 8.CUP Conditions, Dated June 1, 1988 9.Summary Judgement, Dated May 12, 1987 10.Minnesota Court of Appeals Decision, Dated December 18, 1987 11.DRAFT Planning Commission Meeting Minutes, Dated September 19, 2023 12.Petition Against Rezoning of Property at 831 Century Avenue North 13.Letter from an Attorney, Dated October 9, 2023 14.DRAFT City Council Meeting Minutes, Dated October 9, 2023 15.Overview Map – Site Plan, Dated October 16, 2023 Council Packet Page Number 123 of 170 I2, Attachment 1 CONDITIONAL USE PERMIT AMENDMENT RESOLUTION BE IT RESOLVED by the City Council of the City of Maplewood, Minnesota, as follows: Section 1. Background. 1.01 Edward Robert, on behalf of Snake Discovery, has requested to amend the Conditional Use Permit for the property located at 831 Century Avenue North. 1.02 The property located at 831 Century Avenue North is legally described as: Lots 31 and 32, Block 1 of Cahanes Acres; That part of Lot 1, Block 1 of Cahanes Acres, except the east 85 feet thereof, lying Southerly of the following described line: Beginning at a point on the West line of Lot 1, 21.9 feet North of the Southwest corner of said Lot, thence easterly to a point on the east line of Lot 1, 16.18 feet north of the Southeast corner of said Lot and there terminating; Also Lot 2, Block 1 of Cahanes Acres, except that part of the east 85 feet lying north of the following described line: Beginning at the northwest corner of said Lot 2; thence easterly to a point on the east line of Lot 2, 5.3 feet south of the northeast corner of said lot and there terminating. PIN: 252922440052 Section 2. Standards. 2.01 General Conditional Use Permit Standards. City Ordinance Section 44-1097(a) states that the City Council must base approval of a Conditional Use Permit on the following nine standards for approval. 1. The use would be located, designed, maintained, constructed and operated to be in conformity with the City’s Comprehensive Plan and Code of Ordinances. 2. The use would not change the existing or planned character of the surrounding area. 3. The use would not depreciate property values. 4. The use would not involve any activity, process, materials, equipment or methods of operation that would be dangerous, hazardous, detrimental, disturbing or cause a nuisance to any person or property, because of excessive noise, glare, smoke, dust, odor, fumes, water or air pollution, drainage, water run-off, vibration, general unsightliness, electrical interference or other nuisances. 5. The use would not exceed the design standards of any affected street. 6. The use would be served by adequate public facilities and services, including streets, police and fire protection, drainage structures, water and sewer systems, schools and parks. Council Packet Page Number 124 of 170 I2, Attachment 1 7. The use would not create excessive additional costs for public facilities or services. 8. The use would maximize the preservation of and incorporate the site’s natural and scenic features into the development design. 9. The use would cause minimal adverse environmental effects. Section 3. Findings. 3.01 The proposal meets the specific Conditional Use Permit standards. Section 4. City Review Process 4.01 The City conducted the following review when considering this conditional use permit request. 1. On September 19, 2023, the Planning Commission held a public hearing. City staff published a hearing notice in the Pioneer Press and sent notices to the surrounding property owners. The Planning Commission gave everyone at the hearing a chance to speak and present written statements. The Planning Commission recommended that the City Council approve this resolution. 2. On October 9, 2023, the City Council discussed this resolution. They considered reports and recommendations from the planning commission and City staff. The City Council tabled the discussion until the next meeting scheduled for October 23, 2023. 3. On October 23, 2023, the City Council discussed this resolution. They considered reports and recommendations from the planning commission and City staff. Section 5. City Council 5.01 The City Council hereby _______ the resolution. Approval is based on the findings outlined in section 3 of this resolution. Approval is subject to the following conditions: 1. This conditional use permit, approved on October 23, 2023, supersedes the permit issued on June 3, 1971, and amended on June 1, 1988. All previous CUP conditions are terminated. 2. The city council will review the permit in one year. 3. Outdoor sales, storage, and display are not permitted in the parking lot. These activities are allowed, however, limited to the area underneath the canopy structure along the west side of the building or at the main entrance on the east side of the building, off Century Avenue. Council Packet Page Number 125 of 170 I2, Attachment 1 4.A trash enclosure is required around all trash containers or dumpsters and shall be 100 percent opaque. The enclosure must meet city ordinance requirements in Section 44-19 (e). The owner will submit a plan detailing the proposed location and design of the trash enclosure before installation. The location of the trash enclosure shall minimize the loss of parking spaces. The enclosure is required to be maintained on the site at all times. 5.The fence surrounding the parking lot perimeter must be continuously maintained or repaired as needed. The fence shall be 100 percent opaque and 6 feet in height. 6.A landscaped and screened area shall be continuously maintained around the parking lot perimeter. Plantings shall be maintained in a neat and healthy condition. Plantings that have died shall be promptly replaced and must meet city ordinance requirements in Section 44-19 (a) – (d). 7.Exterior lighting is required to be reviewed by city staff before installation and to achieve city ordinance requirements. The applicant will submit all the necessary plans for review as described in Section 44-20 (c) (1). Lighting shall be equipped with an automatic dimmer control. 8.Customers of the business cannot park on adjacent residential streets. The owner will install a “stop” sign and a “no left turn” sign at the parking lot exit onto th 7 Street East. The owner will coordinate the location and installation of the sign with the Public Works Department. 9.The parking lot area shown on the Overview Map – Site Plan, Dated October 16, 2023, is to be used exclusively for customer parking accessory to the primary commercial building on the parcel. The city council must approve any changes to the site through an amendment to this permit. _______________ by the City Council of the City of Maplewood, Minnesota, on October 23, 2023. Council Packet Page Number 126 of 170 I2, Attachment 2 A ZONING MAP AMENDMENT ORDINANCE TO REZONE THE WEST PORTION OF THE PROPERTY LOCATED AT 831 CENTURY AVENUE NORTH FROM THE R1, SINGLE DWELLING RESIDENTIAL DISTRICT TO THE BC, BUSINESS COMMERCIAL DISTRICT The City of Maplewood, Minnesota Ordains: Section 1. 1.01 The property located at 831 Century Avenue North is legally described as: Lots 31 and 32, Block 1 of Cahanes Acres; That part of Lot 1, Block 1 of Cahanes Acres, except the east 85 feet thereof, lying Southerly of the following described line: Beginning at a point on the West line of Lot 1, 21.9 feet North of the Southwest corner of said Lot, thence easterly to a point on the east line of Lot 1, 16.18 feet north of the Southeast corner of said Lot and there terminating; Also Lot 2, Block 1 of Cahanes Acres, except that part of the east 85 feet lying north of the following described line: Beginning at the northwest corner of said Lot 2; thence easterly to a point on the east line of Lot 2, 5.3 feet south of the northeast corner of said lot and there terminating. PIN: 252922440052 1.02 The west portion of the property is hereby rezoned from R1, single dwelling residential district, to BC, business commercial district. Section 2. 2.01 This ordinance is based on the following findings: 1.The rezoning to BC, business commercial district would result in land use and development compatible with the existing surrounding development type. 2.The rezoning would be consistent with the intent of the zoning ordinance and the comprehensive plan. 3.The rezoning would be consistent with public health, safety, and welfare. Section 3. 3.01 This ordinance is effective upon publication in the city’s official newspaper. _________ by the City Council of the City of Maplewood, Minnesota, on October 23, 2023. Council Packet Page Number 127 of 170 I2, Attachment 3 Council Packet Page Number 128 of 170 I2, Attachment 4 Council Packet Page Number 129 of 170 I2, Attachment 5 Council Packet Page Number 130 of 170 I2, Attachment 6 The property thibeing is is there is n s open is, d the (, The TL neighbors, e - not or dep described t g The intended Council Packet Page Number 131 of 170 I2, Attachment 7 Council Packet Page Number 132 of 170 I2, Attachment 7 PROJECT NAMEDATE CAT. NUMBER NOTES SPEC SHEET R IC E A M N A A Y C U T B Site Lighter (SL1) C T EXTERIOR LED FIXTURE O N M A I P L KEY FEATURES ҉Wr"vq"396"NRY ҉:.722"vq"84.222"nwogpu Guaranteed Performance 10 YEAR ҉Wr"vq"77E PERFORMANCE WARRANTY for 10 years, including lumen output (L70), color L70 temperature, and LED driver. ҉422/6:2X"jkij/xqnvcig" ftkxgt"*qrvkqpcn+ ҉Fkoocdng"2/32X Superior Heat Dissipation Extruded aluminum body is exceptional at moving ҉Ecnewncvgf"N92"@"3:;.222" thermal energy. 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Plus ҉Vwtvng/htkgpfn{"nkijvkpi" motion and dimming sensors, photocell and wireless qrvkqp"cxckncdng controls available. info@linmoreled.com© 2023 Linmore LED Labs, Inc. - 1 - Council Packet Page Number 133 of 170 I2, Attachment 7 TECHNICAL SPECS TYPEFRONT ROWFLOOD T2T3T4T5FRFLF60F35 HousingWatts SM 508,6768,6768,5988,6768,6768,6768,4398,336 SM 7512,28412,28412,16112,28412,28412,28411,91611,793 SM 10016,72916,72916,56216,72916,72916,72916,22716,060 MD 12521,17621,17620,96521,17621,17621,17620,54120,329 MD 15024,39724,39724,15324,39724,39724,39723,66523,421 MD 20030,98030,98030,67030,98030,98030,98030,05129,741 LG 25038,03538,03537,65438,03538,03538,03536,89436,514 LG 30046,93546,93546,46546,93546,93546,93545,52745,057 XL 40062,34162,34161,71862,34162,34162,34160,47159,847 Typical lumen output (±10%) at 120V (LV) under 25°C ambient temperature. 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Packaged separately. ADAPTER Part NumberDescription LL-SL1-A30-BRN GLARE SHIELDS LL-SL1-SM-GSB-G2Site Lighter Glare Shield Back for use with Small Chassis (50-100W) LL-SL1-MD-GSB-G2Site Lighter Glare Shield Back for use with Medium Chassis (125-200W) LL-SL1-LG-GSB-G2Site Lighter Glare Shield Back for use with Large Chassis (300W) LL-SL1-XL-GSB-G2Site Lighter Glare Shield Back for use with Extra Large Chassis (400W) LL-SL1-ALL-GSS-G2Side Lighter Glare Shield Side for use with All Models, each info@linmoreled.com© 2023 Linmore LED Labs, Inc. - 4 - Council Packet Page Number 136 of 170 I2, Attachment 7 CONTROLS FSP-L2360° lens, max coverage 48' diameter from 8' height for use with FSP-201 FSP-L3360° lens, max coverage 40' diameter from 20' height for use with FSP-201 FSP-L4360° lens, max coverage 60' diameter from 40' height for use with FSP-201 FSIR-100 ADDING CUSTOMER CONSIGNED CONTROLS. Contact Factory. ULTRALINK Gateway, Long Range Bluetooth Mesh, 800 MHz ARM with 512 MB RAM, 8 GB Storage, Hardware Security Module, ULTRAGATEWAY Encrypted File System, Secure Boot, Interior Installation Only ULTRAGATEWAYEXT required. Gateway included. ULTRASRBluetooth Wireless, self-powered Dimming Wall Switch, Single Rocker, On/Off/Dim, for use with UltraLink ULTRADRBluetooth Wireless, self-powered Dimming Wall Switch, Double Rocker, On/Off/Dim/Scenes, for use with UltraLink Dashboards for Energy, Occupancy Heat Mapping, and Energy Heat Mapping. Gateway (ULTRAGATEWAY) required, SCS-2 Sold Separately ULTRAACT ULTRADESIGNUltraLink System Design Services Battery Backup Bluetooth Node, includes outdoor rated enclosure and long range antenna. For use to keep time during PSC-TKP-200-BLE-SR a power outage and for in node scheduling info@linmoreled.com© 2023 Linmore LED Labs, Inc. - 5 - Council Packet Page Number 137 of 170 I2, Attachment 7 MOUNTING OPTIONS RMBSASFTM Rapid Mount BracketStraight ArmSlip FitterTrunnion (Yoke) Mount Bracket U.S. Patent No. 10,845,039 Slip Fitter Straight Arm Rapid Mount Bracket (Knuckle Adapter) 70:97҄ 5҄ 7057҄ 8҄ 70347҄ 707҄ ;҄ 9055҄ 9҄ 4097҄ 7057҄ 407҄ 307҄ Trunnion Bracket (Yoke) Cannot be mounted at an angle greater than 60°. info@linmoreled.com© 2023 Linmore LED Labs, Inc. - 6 - Council Packet Page Number 138 of 170 I2, Attachment 7 MOUNTING ACCESSORIES Must be ordered separately. 7 TENONS (WALL BRACKETS) Part NumberDescription Horizontal Tenon for Round Poles SL1 Fixtures with a Slip Fitter Bracket or for adding Cross Arms Vertical Tenon (wall mount), providing a vertical round pipe for mounting SL1 Fixtures with a Slip Fitter Bracket or adding Cross Arms Single Fixture Multi-Mount Tenon, adds a round pipe for mounting SL1 Fixtures to a variety of vertical and horizontal 7 ADAPTERS Round to Square Pole Adapter, to mount a Straight Arm Mount to a round pole Uswctg"vq"Xgtvkecn"Unkr"Hkvvgt"Cfcrvgt."eqpxgtvu"6҄"uswctg"rqng"vq"4/51:҄"Q0F0."xgtvkecn"oqwpv Uswctg"vq"Xgtvkecn"Unkr"Hkvvgt"Cfcrvgt."eqpxgtvu"7҄"uswctg"rqng"vq"4/51:҄"Q0F0."xgtvkecn"oqwpv Uswctg"vq"Xgtvkecn"Unkr"Hkvvgt"Cfcrvgt."eqpxgtvu"8҄"uswctg"rqng"vq"4/51:҄"Q0F0."xgtvkecn"oqwpv Tqwpf"Rqng"vq"Xgtvkecn"Unkr"Hkvvgt"Cfcrvgt."dtcemgv"tgfwegu"htqo"5҄"rqng"vq"4/51:҄"Q0F0"xgtvkecn"oqwpv Tqwpf"Rqng"vq"Xgtvkecn"Unkr"Hkvvgt"Cfcrvgt."dtcemgv"tgfwegu"6҄"tqwpf"rqng"vq"4/51:҄"Q0F0."xgtvkecn"oqwpv Encor/Qp"Okf/Rqng"Cfcrvgt."hqt"wug"ykvj"6҄/7҄"uswctg"rqngu0"Rtqxkfgu"c"tqwpf"xgtvkecn"rkrg"hqt"oqwpvkpi"UN3"Hkzvwtgu" with a Vertical Slip Fitter Adapter at a position on the pole other than the top 8 CROSS ARMS Vyq"Hkzvwtg"Dwnnjqtp"*uvtckijv"etquu"cto+."cfcrvu"htqo"ukping"4/51:҄"Q0F0"vq"vyq"4/51:҄"Q0F0"xgtvkecn"oqwpvkpi"nqecvkqpu." 4:҄"qp"egpvgt"crctv Vjtgg"Hkzvwtg"\["Vgpqp"*342"etquu"cto+."cfcrvu"htqo"ukping"4/51:҄"Q0F0"vq"vjtgg"4/51:҄"Q0F0"xgtvkecn"oqwpvkpi"nqecvkqpu." 4:҄"qp"egpvgt"crctv Vjtgg"Hkzvwtg"Uvtckijv"Vgpqp"*uvtckijv"etquu"cto+."cfcrvu"htqo"ukping"4/51:҄"Q0F0"vq"vjtgg"4/51:҄"Q0F0"xgtvkecn"oqwpvkpi" nqecvkqpu."4:҄"qp"egpvgt"crctv Hqwt"Hkzvwtg";2"Etquu"Cto."cfcrvu"htqo"ukping"4/51:҄"Q0F0"vq"hqwt"4/51:҄"Q0F0"xgtvkecn"oqwpvkpi"nqecvkqpu."4:҄"qp"egpvgt" apart Vjtgg"Hkzvwtg"V"Vgpqp"*;2"etquu"cto+."cfcrvu"htqo"ukping"4/51:҄"Q0F0"vq"vjtgg"4/51:҄"Q0F0"xgtvkecn"oqwpvkpi"nqecvkqpu." 4:҄"qp"egpvgt"crctv Vyq"Hkzvwtg"N"Vgpqp"*;2"etquu"cto+."cfcrvu"htqo"ukping"4/51:҄"Q0F0"vq"vyq"4/51:҄"Q0F0"xgtvkecn"oqwpvkpi"nqecvkqpu." 44087҄"qp"egpvgt"crctv For more information about all mounting accessories, download our Outdoor Lighting Guide > info@linmoreled.com© 2023 Linmore LED Labs, Inc. - 7 - Council Packet Page Number 139 of 170 I2, Attachment 7 FEATURES & SPECIFICATIONS CONSTRUCTION ɡ8Ęă÷ć²¶² !ÚćàÉáćà -è²ęɢ Improves heat dissipation. ɡH¶Ēęʈ4ćăę sèē²¶÷ .èăÉáÁɢ Bronze, white and black standard. 11 Other color options available. ɡ`貶÷á Bè÷à B¬ăè÷ɨ ɡ!ûû¶à«Ú¶² Éá ăƶ z!ɨ ELECTRICAL ɡsèē¶÷ Káôćăɢ 120-277V or 200-480V, depending on model. WARRANTY ɡsèē¶÷ B¬ăè÷ɢ >0.9 (0.99 typical). ɡșȘ ¶÷ s¶÷Àè÷àᬶ ÷÷áăęɢ ɡèăÚ H÷àèáɬ 4Éûăè÷ăÉèáɢ <10% typical. guaranteed for 10 years, including lumen maintenance (L70), color temperature, and LED driver. ҃Fghgevkxg҄"ku"eqpukfgtgf"kh"vgp"rgtegpv" ɡzć÷Á¶ s÷è㶬ăÉèáɢ Standard is 3kV for drivers. Additional surge protection is available. total lumen depreciation exceeds 30% (L70), or color temperature has shifted more than 500° Kelvin within the warranty period. See terms and conditions at https://linmoreled.com/warranty OPERATION ɡ8áĒÉ÷èáà¶áăɢ Wet locations for exterior applications. IP65 rated. LISTINGS & CERTIFICATIONS ɡ!à«É¶áă váÁ¶ gô¶÷ăÉèáɢ -40°C up to 55°C (-40°F up to 130°F). ҉WN"37;:0 ҉KR870 OPTICS ҉HEE"EHT"69."Rctv"37<"Uwdrctv"D"Encuu"D0 ɡ..ɢ 2200K, 2800K (turtle-friendly), 3000K, 3500K,4000K, and 5000K ҉CPUK"E8506<"42360 standard. ҉TqJU"eqornkcpv0 ɡ.vKɢ >70. ҉eWN0 ɡZ¶áû¶ûɢ UV stable clear polycarbonate. ҉DCC1VCC"Eqornkcpv0 1 ҉Fgukip"Nkijvuԑ"Eqpuqtvkwo"Rtgokwo0 MOUNTING ɡ`èćáăÉáÁɢ U.S. Patented Rapid Mount Bracket. Other options are Slip Fitter (Knuckle Adapter), Straight Arm and Trunnion (Yoke) Bracket. R IC E A M N A A Y C U T B C T O N MA I PL 2 CONTROLS ɡ4ÉààÉáÁɢ 0-10V standard. Dim to OFF. ɡz¶áûè÷ûɢ Compatible with Wattstopper and McWong sensors, and Enocean switches. 10 ɡa¶ăēè÷׶² .èáă÷èÚ gôăÉèáûɢ Compatible with Avi-on networked 13® controls and UltraLink SIG Bluetooth with Mesh Networked 3 controls. info@linmoreled.com© 2023 Linmore LED Labs, Inc. - 8 - Council Packet Page Number 140 of 170 I2, Attachment 7 LIGHT DISTRIBUTION Download IES FilesDownload IES Files 50W T5 3500K50W T2 3500K Polar GraphPolar Graph Maximum Candela: 3439Maximum Candela: 7386 Located at horizontal angle: 45, Vertical angle : 70Located at horizontal angle: 70, Vertical angle : 62.5 50W T3 3500K50W T4 3500K Polar GraphPolar Graph Maximum Candela: 6360Maximum Candela: 6670 Located at horizontal angle: 65, Vertical angle : 65Located at horizontal angle: 50, Vertical angle : 65 info@linmoreled.com© 2023 Linmore LED Labs, Inc. - 9 - Council Packet Page Number 141 of 170 I2, Attachment 7 LIGHT DISTRIBUTION Download IES Files 50W F35 3500K50W F60 3500K Polar GraphPolar Graph Maximum Candela: 21707Maximum Candela: 5943 Located at horizontal angle: 90, Vertical angle : 0Located at horizontal angle: 0, Vertical angle : 13 50W FR 3500K50W FL 3500K Polar GraphPolar Graph Maximum Candela: 7047Maximum Candela: 7137 Located at horizontal angle: 15, Vertical angle : 67.5Located at horizontal angle: 345, Vertical angle : 67.5 info@linmoreled.com© 2023 Linmore LED Labs, Inc. - 10 - Council Packet Page Number 142 of 170 I2, Attachment 7 DIMENSIONS & DRAWINGS 47047҄ 3;092҄ 35067҄ 32057҄ 39҄ 39҄ 39҄ 39҄ 6҄ 307҄ Small (SM)Medium (MD)Large (LG)Extra Large (XL) Weight: 14 lbs.Weight: 16 lbs.Weight: 24 lbs.Weight: 37 lbs. DIMENSIONS SizeLength (in)Width (in)Height (in)Weight (lb) SM1710.35414 MD1713.45416 LG1719.70424 XL1725.25437 OCCUPANCY SENSORS WATTSTOPPERULTRAPIRxx(For use with UltraLink) OCC40 / OCCDIM40 Top View 50' Side View 25' 0' 100 ft 0' 15' 25' 27' 40' 50' 50'40'30'20'10'0'10'20'30'40'50' 50'25'0'25'50' info@linmoreled.com© 2023 Linmore LED Labs, Inc. - 11 - Council Packet Page Number 143 of 170 I2, Attachment 7 EPA RATINGS BEAM NO.ITEM ANGLE 1SM0.580.81 1.151.291.29 2MD0.580.85 1.151.301.30 0° 3LG0.580.98 1.151.321.32 4XL0.581.07 1.151.331.33 1SM0.591.111.171.691.69 2MD0.671.25 1.332.002.00 15° 3LG0.971.561.942.902.90 4XL1.241.83 2.483.733.73 1SM0.851.44 1.702.552.55 2MD1.101.69 2.213.313.31 30° 3LG1.602.19 3.204.804.80 4XL2.042.63 4.086.126.12 1SM1.151.74 2.293.443.44 2MD1.482.07 2.974.454.45 45° 3LG2.142.73 4.296.436.43 4XL2.743.33 5.478.218.21 1SM1.37 1.96 2.744.114.11 2MD1.77 2.36 3.545.325.32 60° 3LG2.56 3.15 5.117.677.67 4XL3.26 3.85 6.529.789.78 EPA ratings measured in square feet. Council Packet Page Number 144 of 170 I2, Attachment 7 FOOTNOTES 1. Check QPL for up-to-date listings. 2. Synapse, Daintree and Enlighted are available with extended lead time. Electrical changes and additional components required to 3. Requires an Enocean switch, McWong sensor or a gateway for complete functionality. 4. Provide RAL or contact factory. Extended lead time. 5. Must specify left or right side. Contact factory. 6. 7. applied. Custom color is a cost adder with extended lead time. 8. applied. Custom color will have extended lead time. 9. Not DLC listed. 10. Contact your regional sales director. 11. Custom colors are a cost adder with extended lead time. 12. installation. Contact factory. 13. controls to ensure the correct bill-of-materials. Linmore LED cannot manufacture your UltraLink order without this information. Linmore LED Labs, Inc. 2360 S Orange Ave, Fresno, CA 93725 559 485 6010 | info@linmoreled.com | linmoreled.com Updated: 2023.02.14 Council Packet Page Number 145 of 170 I2, Attachment 8 Council Packet Page Number 146 of 170 I2, Attachment 9 Council Packet Page Number 147 of 170 I2, Attachment 9 Council Packet Page Number 148 of 170 I2, Attachment 9 Council Packet Page Number 149 of 170 I2, Attachment 10 Council Packet Page Number 150 of 170 I2, Attachment 10 Council Packet Page Number 151 of 170 I2, Attachment 10 Council Packet Page Number 152 of 170 I2, Attachment 10 Council Packet Page Number 153 of 170 I2, Attachment 10 Council Packet Page Number 154 of 170 I2, Attachment 10 Council Packet Page Number 155 of 170 I2, Attachment 10 Council Packet Page Number 156 of 170 I2, Attachment 11 MINUTES MAPLEWOOD PLANNING COMMISSION 7:00 P.M. Tuesday, September 19, 2023 City Hall, Council Chambers 1830 County Road B East A.CALL TO ORDER A meeting of the Commission was held and called to order at 7:01 p.m. by Chairperson Desai B.ROLL CALL Tushar Desai, ChairpersonPresent Lue Yang, Vice ChairpersonPresent Paul Arbuckle,CommissionerAbsent Frederick Dahm, CommissionerPresent John Eads, CommissionerPresent Allan Ige, CommissionerPresent Tom Oszman, CommissionerAbsent Staff Present:Elizabeth Hammond, Planner C.APPROVAL OF AGENDA Commissioner Dahm moved to approve the agenda as presented. Seconded by Vice Chairperson YangAyes – All The motion passed. D.APPROVAL OF MINUTES 1.August 15, 2023PlanningCommission MeetingMinutes oved to approve the August 15, 2023 PlanningCommission Meeting Minutes CommissionerIge m as submitted. Seconded by CommissionerYang Ayes – All The motion passed. E.PUBLIC HEARING 1.Snake Discovery, 831 Century Avenue North a.Conditional Use Permit Amendment Resolution b.Zoning Map Amendment Ordinance Elizabeth Hammond, Planner, gave the presentationand answered questions from the Commission. ChairpersonDesaiopened the public hearing. September 19, 2023 1 PlanningCommission Meeting Minutes Council Packet Page Number 157 of 170 I2, Attachment 11 The following individuals addressed the commission regarding the request: 1.Emily Roberts, Snake Discovery – 831 Century Ave, Maplewood 2.Thu Tran, Resident – 814 Mayhill Road, Maplewood 3.Rob Stenger, Resident – 814 Mayhill Road, Maplewood 4.Greg Kraushaar, Lighting Specialist (contractor for Snake Discovery’s proposed light) – 7341 Hydram Ave S, Cottage Grove th 5.Joe Koegel, Resident – 2677 7Street East, Maplewood th 6.Chris Stenger, Resident – 2703 7Street East, Maplewood Chairperson Desaiclosed the public hearing. Commissioner Dahmmovedto approve a conditional use permit amendment resolution for the property at 831 Century Avenue North, contingent upon a parking assessment and subject to certain conditions of approvalas outlined by staff. CONDITIONAL USE PERMIT AMENDMENT RESOLUTION BE IT RESOLVED by the City Council of the City of Maplewood, Minnesota, as follows: Section 1. Background. 1.01Edward Robert, on behalf of Snake Discovery, has requested to amend the Conditional Use Permit for the property located at 831 Century Avenue North. 1.02Theproperty located at 831 Century Avenue North is legally described as: All of Lots 2, 31 and 32, Block 1, and that part of Lot 1, Block 1 described as follows: Beginning at the southeast corner of said Lot 1; thence westerly to the southwest corner of said Lot 1; thence northerly along the west line of said Lot 1 a distance of 21.9 feet; thence easterly to a point on the east line of said Lot 1 16.18 feet North of said southeast corner of Lot 1; thence southerly to the point of beginning. All inCAHANES ACRES, Ramsey County, Minnesota. PIN: 252922440052 Section 2. Standards. 2.01 General Conditional Use Permit Standards. City Ordinance Section 44-1097(a) states that the City Council must base approval of a Conditional Use Permit on thefollowing nine standards for approval. 1.The use would be located, designed, maintained, constructed and operated to be in conformity with the City’s Comprehensive Plan and Code of Ordinances. 2.The use would not change the existing or planned character of the surrounding area. 3.The use would not depreciate property values. 4.The use would not involve any activity, process, materials, equipment or methods of operation that would be dangerous, hazardous, detrimental, disturbing or cause a September 19, 2023 2 PlanningCommission Meeting Minutes Council Packet Page Number 158 of 170 I2, Attachment 11 nuisance to any person or property, because of excessive noise, glare, smoke, dust, odor, fumes, water or air pollution, drainage, water run-off, vibration, general unsightliness, electrical interference or other nuisances. 5.The use would not exceed the design standards of anyaffected street. 6.The use would be served by adequate public facilities and services, including streets, police and fire protection, drainage structures, water and sewer systems, schools and parks. 7.The use would not create excessive additional costs for public facilities or services. 8.The use would maximize the preservation of and incorporate the site’s natural and scenic features into the development design. 9.The use would cause minimal adverse environmental effects. Section 3. Findings. 3.01 The proposal meets the specific Conditional Use Permit standards. Section 4. City Review Process 4.01The City conducted the following review when considering this conditional use permit request. 1.On September 19, 2023, the Planning Commission held a public hearing. City staff published a hearing notice in the Pioneer Press and sent notices to the surrounding property owners. The Planning Commission gave everyone at the hearing a chance to speak and present written statements. The Planning Commission recommended that the City Council ________ this resolution. 2.On October 9, 2023, the City Council discussed this resolution. They considered reports and recommendations from the planning commission and City staff. Section 5.City Council 5.01The City Council hereby _______ the resolution.Approval is based on the findings outlined in section 3 of this resolution. Approval is subject to the following conditions: 1.All previous CUP conditions, including the CUP granted on June 1, 1988, are terminated. 2.The city council will review the permit in one year. 3.Outdoor sales, storage, and display are not permitted in the parking lot. These activities are allowed, however, limited to the area underneath the canopy structure along the west side of the building or at the main entrance on the east side of the building, off Century Avenue. 4.A trash enclosure is required around all trash containersor dumpstersand shall be 100 percent opaque. The enclosure must meet city ordinance requirements in Section 44-19 (e). The enclosure is required to be maintained at all times. September 19, 2023 3 PlanningCommission Meeting Minutes Council Packet Page Number 159 of 170 I2, Attachment 11 5.The fence surrounding the parking lot perimeter must always be maintained or repaired as needed. 6.Exterior lighting is required to be reviewed by city staff before installation and to achieve city ordinance requirements. The applicant will submit all the necessary plans for review as described in Section 44-20 (c) (1). Seconded by CommissionerEadsAyes – All The motion passed. CommissionerDahmmoved to approve an ordinance amending the City’s zoning map to rezone the west portion of theproperty at 831 Century Avenue North from R1, single-dwelling residential, to BC, business commercial. A ZONING MAP AMENDMENT ORDINANCE REZONING THE PROPERTY LOCATED AT 831 CENTURY AVENUE NORTH FROM THE R1, SINGLE DWELLING RESIDENTIAL DISTRICT TO THE BC, BUSINESS COMMERCIAL DISTRICT The City of Maplewood, Minnesota Ordains: Section 1. 1.01The property located at 831 Century Avenue North is legally described as: All of Lots 2, 31 and 32, Block 1, and that part of Lot 1, Block 1 described as follows: Beginning at the southeast corner of said Lot 1; thence westerly to the southwest corner of said Lot 1; thence northerly along the west line of said Lot 1 a distance of 21.9 feet; thence easterly to a point on the east line of said Lot 1 16.18 feet North of said southeast corner of Lot 1; thence southerly to the point of beginning. All in CAHANES ACRES, Ramsey County, Minnesota. PIN: 252922440052 1.02 The property is hereby rezoned from R1, single dwelling residential district, to BC, business commercial district. Section 2. 2.01This ordinance is based on the following findings: 1.The rezoning to BC, business commercial district would result inland use and developmentcompatible with the existing surrounding development type. 2.The rezoning would be consistent with the intent of the zoning ordinance and the comprehensive plan. 3.The rezoning would be consistent with public health, safety, and welfare. Section 3. 3.01This ordinance is effective upon publicationin the city’s official newspaper. Seconded by Vice Chairperson YangAyes – Chairperson Desai and Vice Chairperson Yang September 19, 2023 4 PlanningCommission Meeting Minutes Council Packet Page Number 160 of 170 I2, Attachment 11 Nayes – Commissioner Dahm, Ige and Eads The motion failed. This item will go to the city council on October 9, 2023 F.NEW BUSINESS None G.UNFINISHED BUSINESS 1. Development Code Updates Rita Trappand Kendra Ellner, HKGi, gave the presentation and answered questions from the commission. H.COMMISSIONPRESENTATIONS None I.STAFFPRESENTATIONS 1.Sacred Communities and Micro-Unit DwellingsUpdate Elizabeth Hammond, Planner, gave the presentation and answered questions from the commission. J.VISITORPRESENTATIONS None K.ADJOURNMENT Chairperson Tesai adjourned the meeting at 9:02 p.m September 19, 2023 5 PlanningCommission Meeting Minutes Council Packet Page Number 161 of 170 I2, Attachment 12 Council Packet Page Number 162 of 170 I2, Attachment 12 Council Packet Page Number 163 of 170 I2, Attachment 12 Council Packet Page Number 164 of 170 I2, Attachment 12 Council Packet Page Number 165 of 170 I2, Attachment 13 Council Packet Page Number 166 of 170 I2, Attachment 13 Council Packet Page Number 167 of 170 I2, Attachment 13 Council Packet Page Number 168 of 170 I2, Attachment 14 MINUTES MAPLEWOOD CITY COUNCIL 7:00 P.M. Monday, October09, 2023 City Hall, Council Chambers Meeting No. 19-23 J.NEW BUSINESS 2.Snake Discovery, 831 Century Avenue North a.Conditional UsePermit Amendment Resolution b.Zoning Map Amendment Ordinance (Requires four votes) Community Development Director Parr gave the presentation. City Attorney Batty provided additional information. Mayor Abrams allowed the public to comment on the agenda item. The following people spoke: Rob Stenger – 814 Mayhill Road N th Joseph Koegel – 2677 7Street E th Roseann Cronk – 2695 7Street E th Ron Betzold – 2687 7Street E Tom Dougherty – 778 Mayhill Road Angie Rangitsch – 817 Mayhill Road Tim Koenig – 825 Mayhill Road N Emily Roberts – 831 Century Avenue N th BryanAarthun – 2707 7Street E th Angie Cronk – 2695 7Street E Council discussed the item and asked questions of staff. Mayor Abramsmoved to table the Snake Discoverydiscussion concerning the CUPand zoning until the nextcouncilmeeting and directed staff to revise theproposedCUP. Seconded by CouncilmemberVillavicencioAyes – Mayor Abrams Councilmember Cave Councilmember Juenemann Councilmember Villavicencio Nay – Councilmember Lee The motion passed. October 09, 2023 City Council Meeting Minutes 1 Council Packet Page Number 169 of 170 I2, Attachment 15 Council Packet Page Number 170 of 170 For the permanent record: Meeting Date: 10/23/2023 Agenda Item I2, Additional Attachment y r e v o c s i D e k a 831 Century Avenue N1.04 AcresSnake Discovery purchased the property in December 2019 Ïand began operating on the site in September 2021The building, while on a separate parcel, is attached to a veterinary clinic and a 10-unit apartment building (formerly a hotel)Conditional Use Permit Amendment Rezoning west portion of property Ïeliminates zoning and land use inconsistency ¤¤¤¤¤¤ n Operates an indoor educational zoo and a retail, and commercial store Ïfeaturing reptiles and amphibians, and pet supplies Requesting City Council approval for: S ¤¤ For the permanent record: Meeting Date: 10/23/2023 Agenda Item I2, Additional Attachment d d n o a o L h r e r o u b t h u g F i e Ï y N y t , r r e e s e p U o- v r d P ) e o f x n i o a c l M s P l s : i o e n r v t o i i n s t D o a n e n C h g e i e e s s r k e U p D Comp Plan guides the property forcommercial retail or service businesses, offices, and medium-to high-density housing (8-31 units per acre)The CUP is related to the existing commercial retail business on the property(meets the intent of comp plan land use designation) Rezoning the west portion of the property from residential to commercial -the site has always been used for the commercial property, and the entire parcel is guided MU (meets the intent of the comp plan) a d m e n o ¤¤¤ s n a C LU( S ¤ For the permanent record: Meeting Date: 10/23/2023 Agenda Item I2, Additional Attachment e l g n i l S a :i c g r n e i n m o m Z o Ï y C y r s t rs ee e n p i v o s r u P o B f / l c o a i s s t l i n o r e t d D i n s o e C R e e g k s n Ui The property (and the parcels to south) have been used since the 1950s for commercial uses, but they maintained a residential designation 1988, the city council approved re-guiding the FLU to commercial and rezoning the parcelsFor 831 specifically, they approved re-guiding the FLU to commercial, rezoning the east portion to commercial, where the building is located, and keeping the parking lot zoned residential l a l d e n n w a ¤¤¤ LD S ¤ For the permanent record: Meeting Date: 10/23/2023 Agenda Item I2, Additional Attachment y r e v o c s i D e k a The surrounding neighbors opposed the business expanding the operations on the parking lot and towards the residential street to the west; as a result, the council decided to rezone only a portion of the property and restrict the use of the back portion, keeping the parking lot area zoned residential Since 1988, the land has been re-guided in 2010 to Commercial (2030 Com Plan) and then in 2019 to Mixed-use (2040 Comp Plan)Rezoning (west portion) will eliminate zoning and land use inconsistency so that the property complies with the FLU designation in the cityÔs comp plan Ïas required in state statute n S¤¤¤ For the permanent record: Meeting Date: 10/23/2023 Agenda Item I2, Additional Attachment y r e v o c s i D e k The entire site was guided as Commercial in the 2030 Comprehensive Plan as the city worked to eliminate all split designations throughout the city as a best practiceFor the 2040 Comprehensive Plan, the commercial nodes along Century Avenue and McKnight Road were studied, and the council wanted to ensure tools were in place to ensure these nodes continued as vibrant parts of their neighborhoodsThese commercial nodes were guided as Mixed Use Neighborhood Ïwhich matches what is there today, a mix of commercial and dwellings a ¤¤¤ n S For the permanent record: Meeting Date: 10/23/2023 Agenda Item I2, Additional Attachment e g a u g n a L y r o t u t a t S Ï y r e v o c s i D e k a n S For the permanent record: Meeting Date: 10/23/2023 Agenda Item I2, Additional Attachment y r e v o c s i D e k Light would provide visibility and safety for staff and visitors to the zoo and retail storeConcerns particularly during the winter, when the daylight hours are shorterA specific condition on the CUP states that there cannot be exterior lighting in the parking lot Ïthe request requires a revision to the CUP A conditional use permit is a property right and is not limited to a particular landowner, and when a property is sold Ïthe new business/new landowner on the property has the continued right to the CUP so long as the conditions are met a ¤¤¤¤ n Requested to install one exterior light within their parking lotThe site has an existing CUP: for parking, outdoor storage, sales, and display related to the propertyÔs commercial use S¤¤ For the permanent record: Meeting Date: 10/23/2023 Agenda Item I2, Additional Attachment y r e v o c s i D e k Conditions and language within the existing CUP are specific to the last business There are other conditions in this permit that were written in a way that was specific to the prior business and property ownerStaff is recommending updating the language in the conditions to reflect better the site conditions more broadly (not for a specific name of a business) While still applying reasonable conditions to mitigate impacts to the surrounding residential area a ¤¤¤¤ n Previous business (garden center) operated on the site for many years ÏCUP was initially granted in 1971The CUP was last amended in 1988, detailing the conditions the council approved at that time, and still applicable today S¤¤ For the permanent record: Meeting Date: 10/23/2023 Agenda Item I2, Additional Attachment y r e v o c s i D e k a n S For the permanent record: Meeting Date: 10/23/2023 Agenda Item I2, Additional Attachment l i a m E ( s n o i t s e u Q ) t 9 1 n / e 0 d 1 i s l i e c R n u Ï o y r C e d v n o a c s r i o D y a e k The existing land use map in the Comp Plan shows the parcel as Commercial Ïhow the land is currently used and guided in the previous comp planThe future land map shows the parcel as Mixed-Use Ïhow the land is guided going forward after being adopted by the city council (2019) and provide detail for future allowable land use M a ¤¤ n A CUP requires notifications to be set to properties within 500 feet and a public hearing at the o A conditional use permit is a property right and is not limited to a particular landowner, and when a property is sold Ïthe new business/new landowner on the property has the continued right to the CUP so long as the conditions are metplanning commission. Additionally, all exterior modifications to properties other than R1 and R2 require design review either through the CDRB or a 15-day minor construction project application Members of the public can ask questions, provide comments or other considerations during a public hearing regarding a CUP, but the cityÔs decision can not be based on neighborhood opposition or opinion alone The comprehensive plan has two maps: Existing Land Use and Future Land Use St ¤¤¤¤ For the permanent record: Meeting Date: 10/23/2023 Agenda Item I2, Additional Attachment w e i v e R l i c n and that any changes to the site plan be u o C Ï y r e v o c s i D e k a n Conditional Use Permit Amendment and Rezoning Ordinance: Reviewed by the City Council, October 9, 2023 Ïtabled to 10/23, requested staff revise conditions on the CUPThe council wanted to eliminate language that would have potentially required the applicant to enlarge the parking lot and to add specific language clarifying that the area used for parking may continue to be used for parking reviewed by the city councilStaff made a map to illustrate the current conditions of the parcel and referenced the Ñoverview map-site plan, dated October 16, 2023Ò in the condition S ¤¤¤ For the permanent record: Meeting Date: 10/23/2023 Agenda Item I2, Additional Attachment y r e v e o k c a s i The property still requires a CUPfor exterior storage or sales that occur underneath the canopy area Staff recommends the conditions listed here to be placed on the conditional use permit n SD¤¤ For the permanent record: Meeting Date: 10/23/2023 Agenda Item I2, Additional Attachment n o i t a d n e m m o c e R f f a t S - y r e v o : c n s o i i t c A D d e e d n k e a m m n o Staff recommends approval of the conditional use permit amendment and rezoning ordinance c Motion to approve an ordinance amending the CityÔs zoning map to rezone the west portion S Motion to approve a conditional use permit amendment resolution for the property at 831 . e . ¤RaCentury Avenue North, subject to certain conditions of approval. bof the property at 831 Century Avenue North from R1, single-dwelling residential, to BC, business commercial.