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07-14-09 agenda packetCITY OF RICHFIELD, MINNESOTA TUESDAY, JULY 14, 2009 SPECIAL CITY COUNCIL WORKSESSION CITY COUNCIL CHAMBERS 6700 PORTLAND AVENUE 5:30 P.M. AGENDA Call to order Roll call 1. Discussion regarding Cedar Corridor (Council Memo No. 122) Notes: Adjournment REGULAR CITY COUNCIL MEETING COUNCIL CHAMBERS 6700 PORTLAND AVENUE 7:00 P.M. AGENDA INTRODUCTORY PROCEEDINGS Call to order Roll call Open forum (15 minutes maximum) Each speaker is to keep their comment period to three minutes to allow sufficient time for others. Comments are to be an opportunity to address the Council on items not on the agenda. Individuals who wish to address the Council must have registered prior to the meeting. Notes: Pledge of Allegiance Approval of minutes of (1) Special City Council Meeting of June 17, 2009; (2) Special City Council Meeting of June 23, 2009; (3) Regular City Council Meeting of June 23, 2009; (4) Special City Council Worksession of June 23, 2009; (5) Special City Council Worksession of July 7, 2009; and (6) Special City Council Closed Executive Session of July 8, 2009 PRESENTATIONS 1. Presentation by Youth Action Council 2. Update from Property Excellence Task Force COUNCIL DISCUSSION 3. Council discussion • Hats Off to Hometown Hits Notes: AGENDA APPROVAL 4. Council approval of agenda CONSENT CALENDAR 5. Consent Calendar contains several separate items, which are acted upon by the City Council in one motion. Once the Consent Calendar has been approved, the individual items and recommended actions have also been approved. No further Council action is necessary. However, any Council Member may request that an item be removed from the Consent Calendar and placed on the regular agenda for Council discussion and action. All items listed on the Consent Calendar are recommended for approval. A. Consideration of approval of first reading of ordnance amendment to pawnbroker code, subsection 1187.43 relating to changing age limit from 21 to 18 years for pawn transactions and scheduling public hearing and second reading for August 11, 2009 S.R. No. 129 B. Consideration of approval of resolution declaring costs to be assessed and ordering preparation of assessment roll for 2008 removal of diseased trees from private property and setting public hearing for August 11, 2009 S.R. No. 130 C. Consideration of approval of resolutions declaring costs to be assessed and .ordering preparation of assessment roll for 2008 Lyndale/HUB/Nicollet maintenance, and proposing similar assessment process for 2010 and setting public hearing for August 11, 2009 S.R. No. 131 D. Consideration of approval of resolutions declaring costs to be assessed and ordering preparation of assessment roll for 2008 77th Street maintenance district, and proposing similar assessment process for 2010 and setting public hearing for August 11, 2009 S.R. No. 132 E. Consideration of approval of resolution authorizing new four-year contract to provide two police officers as Juvenile Investigators/School Liaison Officers to School District #280 at Richfield High School and Richfield Intermediate School, along with other schools in the district as necessary S.R. No. 133 F. Consideration of approval of resolution authorizing Richfield Public Safety/Police to accept $100 donation from Residential Mortgage Group in name of Richfield residents; Aaron Stehly and Amanda Burbach S.R. No. 134 G. Consideration of approval of resolution granting subdivision waiver for 6809 Newton Avenue (100 foot lot) into 75-foot wide lot and 25-foot remnant to be combined with adjacent 50-foot wide property to north (6801 Newton Avenue), creating second 75- foot wide lot S.R. No. 135 H. Consideration of approval of Memorandum of Understanding between Minnehaha Creek Watershed District and City of Richfield allowing City to exercise sole regulatory authority within City boundaries under MCWD Rules B (erosion control), C (floodplain alteration), D (wetland protection) and N (stormwater management) S.R. No. 136 I. Consideration of approval of request for Minnehaha Creek Watershed District to include Legion-Taft-Nokomis area water improvement project in 2011 Capital Improvement Program S.R. No. 137 J. Consideration of approval of award of contract to Fahrner Asphalt Sealers, LLC for 2009 rout and seal project in amount of $31,960 S.R. No. 138 Notes: 6. Consideration of items, if any, removed from Consent Calendar Notes: PUBLIC HEARING 7. Public hearing regarding resolution granting final approval of plat for 500 East 66th Street; Victoria Manor Staff Report No. 139 Notes: OTHER BUSINESS 8. Consideration of award of contract to Harris Companies for upgrade or replacement of HVAC, lighting and refrigeration equipment at Richfield Ice Arena Staff Report No. 140 Notes: CITY. MANAGER'S REPORT 9. City Manager's report Notes: 10. Claims and payrolls Open forum (additional 15 minutes if more time needed after first Open Forum and by majority vote of the City Council) Each speaker is to keep their comment period to three minutes to allow sufficient time for others. Comments are to be an opportunity to address the Council on ifems not on the agenda. Individuals who wish to address the Council must have registered prior to the meeting. Notes: 11. Adjournment Auxiliary aids for individuals with disabilities are available upon request. Requests must be made at least 96 hours in advance to the City Clerk at 612-861-9738. richfield: July 2009 Page 1 of 1 is e Calendars Net Navigate: 2008 Jan. deb tJar Apr May. Jun Jul Aug ~ Qct Nov. Dec 2014 _ July 2009 M~n~~ ~ T~~~~ati ~~~~~~T T~r~~~ ~ ~~~~~ 29 ;[tin 3(} 1 <nl 2 3 7 PM Transportation 7 PM Arts Commission City Administrative Commission @ Arts Center Offices Closed -- Fourth CANCELED of July Holiday Observed 6 7 8 9 10 2:30 PM Special City 5:30 PM Special Closed 6:30 PM Special City Council Worksession, City Council Meeting Council/CHAT III @ Think Mutual Bank, Executive Conference Meeting @ Maintenance Rochester MN Room Facility CANCELED 7 PM Human Rights 6:30 PM Property 7 PM Community Commission Excellence Task Force Services Commission @ Community Center (rescheduled from July 21) 3 .4 15 1.6 17 7 PM Planning 5:30 PM Special City 4:30 PM FOWL Board Commission Study Council Worksession Meeting @ WLNC Session CANCELED 7 PM City Council 7 PM Friendship City Meeting Commission 20 21 22 23 24 5:30 PM Special City 5:30 PM Hearing 6:30 PM Property 6:30 PM Special City Council Worksession Examiner in Heredia Excellence Task Force Council/CHAT III SATURDAY, JULY 25 Room Meeting @ Maintenance 9:30-10:30 AM Mayor's 7 PM HRA Meeting Facility Hour at Farmers Market 7 PM Community Services Commission - RESCHEDULEDto Thursday, July 9 27 28 9 30 31 7 PM Planning 5:30 PM Special City Commission Council Worksession 7 PM City Council Meeting Display: Year Month Week Dav Block List Condensed Abs 5iide ca~enaars: aearen Add Events: Dal(.. Duration Periodic Administer: This Calendar. _ . _Y __. All meetings held at City Hall (6700 Portland Avenue) unless indicated otherwise Calendars Net free online interactive web calendars http://www.my. calendars.net/richfield/dl 3/07/2009?authenticate=JKUTEANUPQZBPMYL.. .7/9/2009 CITY OF RICHFIELD, MINNESOTA Office of City Manager July 9, 2009 Council Memorandum No. 122 The Honorable Mayor and Members of the City Council Subject: Council Worksession Discussion Items for the Cedar Corridor (Worksession Agenda Item No. 1) Council Members: There are a number of ongoing development and transportation issues related to the redevelopment of the Cedar Corridor. The development issues primarily relate to projects that were proposed in the area over 18 months ago, but have not been able to progress due to market conditions. These include the Cedar Point Phase II senior housing proposal by Lang Nelson for the area north of 66th Street and the Cedar Corridor proposal that is being contemplated by the TOLD Development Company for the area south of 66th Street. There are also two main transportation issues facing the Cedar Corridor area. The first is the long-term design of Richfield Parkway. Hennepin County has funded a planning process that has resulted in a number of design alternatives for the parkway. These alternatives have been presented to the Transportation Commission as well as at a neighborhood open house; Council input is sought prior to selecting a preferred alternative and completing the study. In the short term, however, there are concerns about traffic volumes and speeds from the neighbors immediately west of the Cedar Point Commons retail development. While the long-term plan for Richfield Parkway will address these concerns, the neighbors are seeking relief in the interim. Several different "traffic calming" solutions have been explored. Unfortunately, however, there is no one method that appeals to all of the affected property owners. These issues will be explored in greater depth at the July 14, 2009 City Council Worksession. spe fully su fitted S L. ity Manager SLD:cak Email: Department Directors Assistant to the City Manager ~~ ~~ i`:~ CITY COUNCIL MLNUTES r _ Richfield, Minnesota Special City Council Meeting ~~ 1 ~ June 17, 2009 Members Present: Debbie Goettel, Mayor; Sue Sandahl; Pat Elliott; Fred Wroge; and Tom Fitzhenry. Staff Present: Steven L. Devich, City Manager and Pam Dmytrenko, Assistant to the City Manager. The City Council attended tours of the City Hall Council Chambers in Apple Valley, Farmington, and Prior Lake. Date Approved: Debbie Goettel Mayor Cheryl Krumholz Recording Secretary Steven L. Devich City Manager - - CITY COUNCIL MINUTES Richfield, Minnesota Special City Council Meeting ~'~-~ ~ ~~~~ June 23, 2009 Members Present: Debbie Goettel, Mayor; Sue Sandahl; Pat Elliott; Fred Wroge; and Tom Fitzhenry. Staff Present: Steven L. Devich, City Manager and Pam Dmytrenko, Assistant to the City Manager. The City Council attended a tour of the Edina City Hall Council Chambers and discussed various options of design for the Council Chambers of the New City Hall. Date Approved: Nancy Gibbs City Clerk Debbie Goettel Mayor Steven L. Devich City Manager CITY COUNCIL MEETING MINUTES Richfield, Minnesota Regular Meeting June 23, 2009 CALL TO ORDER The meeting was called to order by Mayor Goettel at 7:05 p.m. ROLL CALL Members Present: Debbie Goettel, Mayor; Sue Sandahl; Pat Elliott; Fred Wroge; and Tom Fitzhenry. Staff Present: Steven L. Devich, City Manager; John Stark, Community Development Director; Mike Eastling, Public Works Director; Jim Topitzhofer, Recreation Services Director; Brad Sveum, Fire Services Director; Chris Regis, Finance Manager; Sally Morton, IT Manager; Pam Dmytrenko, Assistant to the City Manager; Corrine Heine, City Attorney; and Nancy Gibbs, City Clerk. OPEN FORUM None. PRESENTATION OF COLORS AND PLEDGE OF ALLEGIANCE Mayor Goettel led the audience in the Pledge of Allegiance. APPROVAL OF MINUTES M/Sandahl, S/Wroge to approve the minutes of (1) Special City Council Worksession of June 9 2009 and (2) Reaular City Council Meeting of June 9, 2009. Motion carried 5-0. Council Meeting Minutes -2- June 23, 2009 Item #1 PRESENTATION REGARDING FACE2FACE EVENT Amy Dusek, Richfield Public Safety Community Liaison, introduced Alma Dominguez, member of the Youth Action Crew. Ms. Dominguez presented a report regarding the recent Face2Face Event and presented Council Member Fitzhenry with athank-you card for his involvement in Face2Face. Item #2 COUNCIL DISCUSSION • HATS OFF TO HOMETOWN HITS Council Member Elliott stated the shirts the City Council are wearing in the July 4th parade have been completed thanks to the design and production by Shae Elliott and Carmen Christian. Council Member Elliott also stated that the Adopt-A-House project seems to be working; he has noticed many homes are now being taken care of. Council Member Wroge reminded residents to make the July 4th festivities a success and to purchase buttons and volunteer. Mayor Goettel thanked the Garden Club for a beautiful and successful Richfield Beautiful Garden Tour. Mayor Goettel asked about Police presence at the July 4th events. City Manager Devich responded that Public Safety Director Fritz will be attending a meeting later in the week regarding that issue. City Manager Devich stated the Gang Strike Force has been a wonderful tool for the City and hopes that it can continue. Council Member Fitzhenry stated that Hennepin County deputies will be at the July 4th events as well as some of the Gang Strike Force. Mayor Goettel asked staff to take a look at what would be the cost to residents to treat trees for disease instead of cutting them down. City Manager Devich stated that staff will look at charging homeowners for spraying to save trees. Council Member Sandahl also thanked the Garden Club for the Richfield Beautiful Garden Tour and the homeowners for opening their homes for the event. Council Member Fitzhenry stated that helicopters sprayed for mosquitoes this week. Council Member Fitzhenry also stated that he has received good feedback on the tree planting. Council Meeting Minutes -3- June 23, 2009 Item #3 COUNCIL APPROVAL OF AGENDA Mayor Goettel removed Item #6 and moved Item #4E to Item #5 for separate consideration. M/Wroge, S/Elliott to approve the agenda as amended. Motion carried 5-0. Item #4 CONSENT CALENDAR A. Consideration of approval of resolution updating Joint and Cooperative Agreement for use of law enforcement personnel and equipment in Hennepin County S.R. No. 118 RESOLUTION NO. 10253 RESOLUTION AUTHORIZING THE ADOPTION OF THE JOINT AND COOPERATIVE AGREEMENT FOR USE OF LAW ENFORCEMENT PERSONNEL AND EQUIPMENT OF JULY 1, 2009 FROM THE HENNEPIN COUNTY CHIEFS OF POLICE ASSOCIATION MUTUAL AID PACT This resolution appears as Resolution No. 10253. B. Consideration of approval of resolution authorizing Richfield Public Safety Department acceptance of "Recovery Act" Justice Assistance Grant funds in amount of $171,525 from U.S. Department of Justice, Office of Justice Programs S.R. No. 119 RESOLUTION NO. 10254 RESOLUTION AUTHORIZING THE DEPARTMENT OF PUBLIC SAFETY/POLICE TO ACCEPT THE EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT (JAG) FOR $171,525 FROM THE OFFICE OF JUSTICE PROGRAMS TO BE USED FOR POLICE EQUIPMENT, SWAT VEHICLE, COMPUTER SOFTWARE, NARCOTIC DETECTION DOG, AND NEW SHOTGUNS This resolution appears as Resolution No. 10254. C. Consideration of approval of resolution adopting 2008-2018 Richfield Comprehensive Plan S.R. No. 120 RESOLUTION NO. 10255 RESOLUTION OF THE RICHFIELD CITY COUNCIL ADOPTING THE CITY OF RICHFIELD COMPREHENSIVE PLAN, 2008-2018 This resolution appears as Resolution No. 10255. Council Meeting Minutes -4- June 23, 2009 D. Consideration of approval of renewing contract number A090395 with Hennepin County for purchase of assessment services from August 1, 2009 through July 31, 2013 S.R. No. 121 E. This item was moved for separate consideration as Item #5. F. Consideration of approval of setting public hearing on July 28, 2009 for new, on-sale wine license for Lariat Lanes, 6320 Penn Avenue S.R. No. 123 G. Consideration of approval of purchasing "Phase 2" of City's voice over IP phone system in amount not to exceed $152,000 S.R. No. 124 H. Consideration of approval of community event and temporary on-sale 3.2 percent malt liquor licenses, with fee waiver, for Fourth of July Committee for events scheduled at Veterans Memorial Park from July 1 through July 5; 2009 S.R. No. 125 I. Consideration of approval of temporary on-sale 3.2 percent malt liquor license for Minneapolis-Richfield American Legion Post 435, 6501 Portland Avenue, for activities scheduled on July 4, 2009 S.R. No. 126 M/Goettel, S/Fitzhenry to approve the Consent Calendar as amended. Motion carried 5-0. Item #5 CONSIDERATION OF ITEMS, IF ANY, REMOVED FROM CONSENT CALENDAR Former Item #4E -Consideration of approval of proposal from Evergreen Land Services to conduct appraisal of property at 1710 78th Street East S.R. No. 122 Mayor Goettel presented S.R. No. 122. Council Member Wroge asked staff why the City is having this property appraised. He stated he is not in favor of selling this property at this time. Public Works Director Eastling responded that this appraisal will determine the property value and allow staff to place a lease value or sale value on the property. City Manager Devich explained that tonight's action is to just approve the appraisal. Once the appraisal is completed staff will return to the City Council with information and ask for direction on whether to lease or sell this property. Council Member Wroge stated that when the tunnel connects 77th Street to the Mall of America the property will become much more valuable and due to this he is not in favor of selling at this time. City Manager Devich agreed with Council Member Wroge. M/Goettel, S/Sandahl to approve proposal from Evergreen Land Services to conduct appraisal of property at 1710 78th Street East. Motion carried 5-0. Council Meeting Minutes -5- June 23, 2009 Item #6 CONSIDERATION OF AWARD OF CONTRACT TO HARRIS COMPANIES FOR UPGRADE OR REPLACEMENT OF HVAC, LIGHTING, AND REFRIGERATION EQUIPMENT AT RICHFIELD ICE ARENA STUDY S.R. NO. 127 This item was removed from the agenda for consideration at a future meeting. Item #7 CONSIDERATION OF BID MINUTES/TABULATION AND AWARD OF CONTRACT TO EBERT CONSTRUCTION FOR RENOVATION OF LINCOLN ATHLETIC COMPLEX, 7500 PLEASANT AVENUE, IN AMOUNT OF $972,100 S.R. NO. 128 Council Member Wroge presented Staff Report No.128. Council Member Elliott asked for clarification on the price the City Council was voting on tonight. Council Member Wroge stated he is not in favor of awarding additional money to the architect. Jay Hermann, 2853 West 71 1/2 Street, stated he was pleased with the project going forward however he had concerns regarding the increased money the architect is asking for. Council Member Elliott asked about a penalty clause if the project is not seeded by a specified date; without a penalty clause what other recourse do we have. City Attorney Heine stated the contractor submitted a performance bond at the time of the bid and if they do not perform to standard'the City can put surety on notice that the City is prepared to go after performance bond. M/Wroge, S/Goettel to approve the bid minutes/tabulation and award of contract to Ebert Construction for renovation of Lincoln Athletic Complex, 7500 Pleasant Avenue, in amount of 972 100. Motion carried 5-0. Item #8 CITY MANAGER'S REPORT • AUGUST 25, 2009 CITY COUNCIL MEETING (COUNCIL MEMO NO. 109) • HENNEPIN COUNTY 2009 WELLNESS BY DESIGN AWARD (COUNCIL MEMO NO. 110) City Manager Devich stated that the City Council typically cancels the last meeting in August. City Manager Devich was going to recommend the City Council keep this meeting scheduled due to timing of certain budget items however, due to vacations that were planned in advance, he is recommending to cancel the August 25, 2009 City Council Meeting. The City Council did not make a final decision regarding this meeting. Council Meeting Minutes -6- June 23, 2009 City Manager Devich reminded the City Council there is a tour of the Think Bank in Rochester that is schedule for July 7. City Manager Devich requested that if any Council Members cannot make that date, they do not reschedule due to the time frame of the Special City Council Worksession of July 20 discussing the design of the new City Hall. City Attorney Heine stated the condemnation hearing related to the Ramada Inn for requisition to the Lyndale Bridge is scheduled for July 13. City Attorney Heine stated there needs to be a closed session meeting of the City Council before July 13, possibly July 8 or 9, so the City Council should iriform her of what date will work. City Manager Devich stated the City has been named a recipient of Hennepin County's 2009 Wellness by Design Worksite Gold Award. Mayor Goettel asked City Manager Devich for an update on the Lyndale Garden Center site and if the Lyndale Bridge project is on schedule. Council Member Wroge asked for update on Cedar Point. Mayor Goettel also asked for a report on the Property Excellence Task Force. Item #9 CLAIMS AND PAYROLL M/Wroge, S/Sandahl that the following claims and payrolls be approved: U.S. BANK 06-23-09 A/P Checks: 186499 - 186826 PAYROLL 58445 - 58804, 41431 - 41442 $ 2,224,186.49 $ 494, 670.29 TOTAL Motion carried 5-0. OPEN FORUM None. $ 2, 718, 856.78 The City Council meeting was adjourned by unanimous consent at 8:14 p.m. Date Approved: Debbie Goettel Mayor Nancy Gibbs City Clerk Steven L. Devich City Manager J CITY COUNCIL MINUTES Richfield, Minnesota Special Worksession June 23, 2009 CALL TO ORDER The meeting was called to order by Mayor Goettel at 8:20 p.m. ROLL CALL Members Present: Debbie Goettel, Mayor; Sue Sandahl; Pat Elliott; Fred Wroge; and Tom Fitzhenry. Staff Present: Steven Devich, City Manager; Brad Sveum, Fire Services Director; and Nancy Gibbs, City Clerk. Item # I DISCUSSION REGARDING FIREFIGHTER STAFFING (MEMO NO. 111) Fire Services Director Sveum presented Council Memo No. 111. Council Member Wroge asked about vacation coverage and overtime. Fire Services Director Sveum explained how vacation coverage would be handled with the different options that were presented to the Council. City Manager Devich explained that with the Local Government Aid (LGA) cuts the Council needs to make a decision whether to cut services like Public Safety and Fire or raise taxes. If the City loses all of its LGA, the Council will have to make a decision regarding raising taxes. Fire Services Director Sveum discussed all the different options the Council has. Council Member Fitzhenry asked why aren't we sending Police squad cars to some of the calls, maybe we should look at Police to work with Fire. Council Member Sandahl stated she does not want to see the City lose two firefighters; this might be an opportunity to look at other resources such as franchise fees. Council Member Elliott suggested paid on-call EMS might be an option rather than paid on-call firefighters. Mayor Goettel suggested a hybrid part-time firefighter -this way the City would not have to pay for training. Mayor Goettel also stated the City needs to wean itself off of LGA because if we raise taxes it hurts residents. City Manager Devich stated he is looking very hard not to have a double digit tax increase. Special Worksession Minutes -2- June 23, 2009 Council Member Sandahl asked about the response time for Hennepin County compared to Richfield. Fire Services Director Sveum stated that 90% of the time Hennepin County's response time is 9 minutes and Richfield's response time is 7minutes. City Manager Devich stated we have better service in Richfield compared to most other cities and if you want to keep the same model of service, you will have to look at increasing property taxes. After much discussion the Council directed Fire Services Director Sveum to look at models offered and return to the Council with a recommendation. ADJOURNMENT The meeting was adjourned by unanimous consent at 9:25 p.m. Date Approved: Nancy Gibbs City Clerk Debbie Goettel Mayor Steven L. Devich City Manager CITY COUNCIL MINUTES _ _ Richfield, Minnesota Special City Council Worksession July 7, 2009 Members Present: Debbie Goettel, Mayor; Sue Sandahl; Fred Wroge; and Tom Fitzhenry. Members Absent: Pat Elliott. Staff Present: Steven L. Devich, City Manager; Pam Dmytrenko, Assistant to the City Manager; and Dave Conrads, Building Maintenance Supervisor. The City Council attended a tour of the Think Mutual Bank facility and discussed various options of design for the New City Hall. Date Approved: Debbie Goettel Mayor Cheryl Krumholz Recording Secretary Steven L. Devich City Manager CITY COUNCIL MEETING MINUTES ~ Richfield, Minnesota Special City Council Meeting Closed Executive Session CALL TO ORDER July 8, 2009 The meeting was called to order by Mayor Goettel at 5:30 p.m. in the Council Chambers. ROLL CALL Members Present: Debbie Goettel, Mayor; Sue Sandahl; Fred Wroge; and Tom Fitzhenry. Members Absent: Pat Elliott. Staff Present: Steven Devich, City Manager; Mike Eastling, Public Works Director; Kristin Asher, City Engineer; Jeffrey Pearson, Transportation Engineer; Corrine Heine, City Attorney; John "Mac" LeFevre, City Attorney; and Cheryl Krumholz, Recording Secretary. M/Goettel, S/Wroge to determine the absence of Council Member Elliott from the Special City Council Meeting. of July 8, 2009 as an excused absence. Motion carried 4-0. City Attorney Heine stated that a Closed Executive Session was necessary to discuss pending litigation regarding the condemnation action involving the Ramada Inn property at 7701 and 7745 Lyndale Avenue. Absolute confidentiality of attorney-client information was needed. The Closed Executive Session was convened pursuant to M. S. 13D.05. The Closed Executive Session was called to order by Mayor Goettel in the Executive Conference Room at 5:33 p.m. The Closed Executive Session was convened pursuant to M.S. 13D.05. The Closed Executive Session was adjourned by unanimous consent at 7:08 p.m. Date Approved: Debbie Goettel Mayor Cheryl Krumholz Recording Secretary Steven L. Devich City Manager AGENDA SECTION: AGENDA ITEM # REPORT # STAFF REPORT CITY COUNCIL MEETING JULY 14, 2009 Consent 5A 129 REPORT PREPARED BY: DEPARTMENT DIRECTOR REVIEW: REVIEWED BY CITY MANAGER: BETSY OSBORN, SUPPORT SERVICES DIVISION MANAGER ITEM FOR COUNCIL CONSIDERATION: First reading of an ordinance amendment to the pawnbroker code, subsection 1187.43 and schedule a second reading for August 11, 2009. I. RECOMMENDED ACTION: By Motion: • Approve a first reading of an ordinance amendment in subsection 1187.43 of the City of Richfield code that relates to the age at which someone must be to engage in pawning an item at a pawnbroker's establishment; and, • Schedule a public hearing and second reading for August 11, 2009. II. BACKGROUND City staff was recently contacted by an attorney representing a Richfield pawnbroker establishment about the possibility of changing the age contained in the City's ordinance at which a customer could engage in a transaction with the establishment from 21 to 18. The Public Safety Department and the City Attorney's office reviewed the request and neither was opposed to making the change in the age. 0714 First Reading of Ordinance Amendment Setting Age for Pawn Shop Customers NAME, TITLE As a courtesy, staff contacted the remaining licensed pawnbroker establishment in the City to make them aware of a possible change in the age limit indicated and they were also very supportive of a decrease in the age from 21 to 18. An amended ordinance is, therefore, being presented at this time to the City Council for a first reading with a Public Hearing and second reading scheduled for August 11, 2009. III. BASIS OF RECOMMENDATION A. POLICY • The Public Safety Department has reviewed the request and has no opposition to the amendment. B. CRITICAL ISSUES • None C. FINANCIAL • None D. LEGAL • The City Attorney's office has reviewed the request and has no opposition to the amendment. E. ENVIRONMENTAL CONSIDERATIONS • None IV. ALTERNATIVE RECOMMENDATION(S~ • The City Council could decide not to approve an amendment to the ordinance reducing the age at which a client could engage in a pawnbroker establishment transaction from 21 to 18, which would mean that all transactions could only occur with those clients ages 21 and up. V. ATTACHMENTS • Amended City ordinance 1187.43 VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None 5~-1 CITY OF RICHFIELD BILL NO. AN ORDINANCE RELATING TO PAWNBROKER ESTABLISHMENTS; CHANGING THE AGE LIMIT FOR PAWN TRANSACTIONS FROM 21 TO 18 YEARS OF AGE; AMENDING SUBSECTION 1187.43 (A) OF THE RICHFIELD CITY CODE THE CITY OF RICHFIELD DOES ORDAIN: Section 1. Subsection 1187.43, paragraph (a) of the Richfield City Code is amended to read as follows: (a) No person under the age of X1.18 years may pawn or sell or attempt to pawn or sell goods with any licensee, nor may any licensee receive any goods from a person under the age of ~1. 18 years. Sec. 2. This ordinance shall be effective as provided in section 3.09 of the Richfield City Charter. Adopted this day of , 2009. Debbie Goettel, Mayor ATTEST: Nancy Gibbs, City Clerk AGENDA SECTION: CONSENT AGENDA ITEM # 5B REPORT # 130 STAFF REPORT CITY COUNCIL MEETING JULY 14, 2009 REPORT PREPARED BY: CHRIS LINK, OPERATIONS MANAGER STREETS/FORESTRY NAME, TITLE DEPARTMENT DIRECTOR REVIEW: REVIEWED BY CITY MANAGER: ITEM FOR COUNCIL CONSIDERATION: Consideration of the attached resolution declaring costs to be assessed for removal of diseased trees from private property for work ordered in 2008. L RECOMMENDED ACTION: By Motion: 1. Adopt the attached resolution declaring costs to be assessed and ordering the preparation of the proposed assessment roll for the removal of diseased trees from private property for work ordered in 2008. 2. Set the public hearing date for August 11, 2009. IL BACKGROUND Property owners of diseased trees have four options available for private tree removal 1. Remove the tree themselves. 2. Hire and pay their own contractor. 3. Hire the City's contractor and pay for the removal. 4. Use the City's contractor and request that the cost of the tree removal be assessed against their property tax. In the period from January 1, 2008 through December 31, 2008, seventy-nine (79) property owners chose the fourth option. The recommended action orders the assessments as requested. 071409treeassess III. BASIS OF RECOMMENDATION A. POLICY • The work has been done with prior approval from the affected residents. • A notice of the hearing on the proposed assessment (see attached) will be mailed at least two weeks prior to the hearing and shall state in the notice the total cost of the diseased tree removal. B. CRITICAL ISSUES • Minnesota State Statute requires the County to be notified of all special assessments. • The property owner's have a 30 day prepayment period whereby no interest will be charged on the prepaid portion of the special assessment. Partial prepayments are not allowed after the 30-day period. The unpaid balance will be spread over 5 years with a six percent interest rate. No interest will be charged tF the entire assessment is paid before November 15, 2009. C. FINANCIAL • The costs to be assessed for the removal of Dutch Elm diseased trees on private property for work ordered during the period January 1, 2008 through December 31, 2008 have been determined to be $135,273.85. • The original source of funding to have the work done is through the City's Permanent Improvement Revolving Fund. D. LEGAL • No legal issues are apparent at this time. The City Attorney will. be in attendance at the Council meeting should a legal question arise. E. ENVIRONMENTAL CONSIDERATIONS • N/A IV. ALTERNATIVE RECOMMENDATION(S~ • Council may revise the special assessment roll as deemed necessary following the public hearing. V. ATTACHMENTS • Resolution Notice of Assessment Hearing to be mailed to residents VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None 58-/ RESOLUTION NO. RESOLUTION DECLARING COSTS'TO BE ASSESSED AND ORDERING PREPARATION OF PROPOSED ASSESSMENT FOR REMOVAL OF DISEASED TREES FROM PRIVATE PROPERTY FOR THE PERIOD OF JANUARY 1, 2008 TO DECEMBER 31, 2008. WHEREAS, costs have been determined for the removal of diseased trees from private properties in the City of Richfield and the expenses incurred or to be incurred for such work ordered during the period of January 1, 2008 through December 31, 2008 amount to $135,273.85. Address PID # Amount 14 E 69th St 27-02824-43-0085 $525.30 1715 West 72nd St. 33-02824-24-0060 $3,420.00 2007 Forest Dr 28-02824-32-0096 $2,363.85 215 West 72nd St 34-02824-24-0051 $1,236.00 2876 West 72nd 32-02824-12-0080 $906.40 6226 Irving Ave. 28-02824-21-0032 $113.30 6239 2nd Ave. 28-02824-12-0078 $4,727.70 6301 James Ave 28-02824-21-0087 $1,874.60 6305 / 6309 Blaisdell Ave 27-02824-21-0068 $1,452.30 6315 Lyndale Ave 27-02824-22-0009 $2,363.85 6325 Nicollet 27-02824-12-0019 $1,874.60 6333 - 14th Ave 26-02824-12-0090 $1,874.60 6345 Knox Ave 28-02824-21-0012 $1,874.60 6345 Logan Ave 28-02824-21-0016 $1,344.15 6400 Newton Ave 28-02824-23-0064 $2,904.60 6410 11th Ave 26-02824-24-0004 $2,363.85 6438 Vincent 29-02824-13-0073 $2,472.00 6501 3rd Ave 27-02824014-0083 $2,363.85 6504 Logan Ave 28-02824-23-0118 $2,363.85 6505 Newton Ave 28-02824-23-0115 $1,759.73 6529 Irving Ave 28-12824-24-0142 $1,153.60 6609 Irving Ave 28-02824-31-0091 $1,452.30 6618 Park Ave 26-12824-32-0020 $4,727.70 6620 5th Ave 27-02824-41-0028 $311.58 6624 5th Ave 27-02824-41-0029 $311.58 6638 Chicago Ave 26-02824-32-0074 $3,799.92 6645 Washburn Ave 29-02824-42-0054 $2,610.00 6708 Columbus Ave 26-02824-32-0061 $2,121.00 6720 Nicollet 27-02824-31-0034 $623.15 6737 - 3rd Ave 27-02824-41-0123 $1,704.00 6801 - 12th Ave. 26-02824-43-0016 $1,874.60 6816 Logan 28-02824-33-0126 $2,363.83 6820 -12th Ave. 26-02824-34-0007 $537.30 5~-~- 6824 - 12th Ave. 26-02824-43-0008 $937.30 6824 Queen Ave. 29-02824-44-0024 $453.20 6828 Queen Ave. 29-02824-44-0025 $453.20 6828 Sheridan Ave. 29-02824-44-0072 $2,363.85 6833 Harriet 27-02824-33-0088 $1,452.30 .6856 Oliver Ave. 28-02824-33-0145 $1,472.90 6901 Oakland 26-02824-33-0058 $726.15 6908 Blaisdell 27=02824-34-0034 $1,050.60 6909 Vincent Ave. 29-02824-43-0163 $2,825.00 6917 Portland Ave. 26-02824-33-0009 $3,545.77 6926 - 4th Avenue 27-02824-44-0104 $2,904.60 6926 Blaisdell 27-02824-34-0037 $257.50 6926 Morgan Ave 28-02824-33-0090 $2,173.30 6933/6935 Nicollet Ave 27-02824-43-0017 $762.20 7020 -13th Ave. 35-02824-12-0004 $2,472.00 7100 Stevens Ave 34-02824-12-0069 $3,750.00 7136 - 1st Avenue 34-02824-12-0101 $2,363.85 7145 Knox 33-02824-21-0919 $710.70 7200 Newton 33-02824-23-0047 $726.15 7201 Queen Ave 32-02824-14-0021 $618.00 7213 2nd Ave. 34-02824-13-0157 $906.40 7215 Logan Ave 33-02824-24-0075 $1,967.30 7216 1st Ave 34-02824-13-0094 $1,181.93 7220 1st Ave 34-02824-13-0095 $1,181.93 7221 2nd Ave. 34-02824-13-0155 $2,008.50 7241 Garfield 34-02824-23-0075 $278.10 7308 Lyndale Ave. 33-02824-14-0154 $1,452.30 7309 Lyndale Ave 34-02824-23-0116 $520.15 7309 Oakland Ave 35-02824-23-0051 $4,781.77 7309 Thomas Ave 32-02824-14-0124 $1,344.15 7311 - 1st Ave 34-02824-13-0089 $1,452.30 7317 Bryant Ave 33-02824-14-0035 $2,662.50 7321. Knox Ave 33-02824-24-0051 $2,400.00 7324 Aldrich Ave 33-02824-14-0022 $3,543:85 7326 Sheridan Ave. 32-02824-14-0114 $810.70 7400 4th Ave 34-02824-41-0051 $257.50 7404 - 5th Ave 34-02824-41-0033 $1, 874.60 7410 4th Ave. 34-02824-41-0052 $257.50 7414 Elliot 35-02824-31-0115 $1,452.30 7425 Girard Ave. 33-02824-42-0046 $1,148.10 7432 Sheridan Ave 35-02824-32-0002 $1,874.60 7459 Portland 35-02824-32-0002 $1,957.00 7533 Clinton Ave 34-02824-41-0119 $494.40 7544 Aldrich 33-02824-41-0139 $813.70 7545 Thomas Ave 32-02824-41-0036 $1,153.61 7621 Park Ave 35-02824-33-0014 $1,710.40 s~-3 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield, Minnesota: 1. The total cost to be assessed against benefited property owners is declared to be $135,273.85. 2: The City Clerk shall forthwith calculate the proper amount to be specially assessed for such work against each benefited property, and shall file a copy of such proposed assessment in his office for public inspection. 3. The Clerk shall, upon the completion of such proposed assessment, notify the City Council thereof. 4. A hearing shall be held on the 11th day of August, 2009 in the City Hall Council Chambers at 7:00 p.m., or as soon as hereafter as it may be reached on the agenda, to pass upon such proposed assessment and at such time and place all persons owning property affected by said diseased tree removal assessment will be given an opportunity to be heard in reference to such assessment. 5. The City Clerk is hereby directed to cause a notice of the hearing on the proposed assessment at least two weeks prior to the hearing and shall state in the notice the total cost of the diseased tree removal. The City Clerk shall also cause mailed notice to be given to the owner of each parcel described in the assessment roll not less than two weeks prior to the hearing. Adopted by the City Council of the City of Richfield this 14th day of July, 2009. Debbie Goettel, Mayor ATTEST: Nancy Gibbs, City Clerk SS-`~ CITY OF RICHFIELD 6700 Portland Avenue • Richfield, Minnesota 55423-2599 July 15, 2009 PIN: NOTICE OF ASSESSMENT HEARING NOTICE OF HEARING ON PROPOSED ASSESSMENT FOR CERTAIN SERVICES OF THE CITY FOR REMOVAL OF DISEASED TREES ON PRIVATE PROPERTY (JANUARY 1, 2008 -DECEMBER 31, 2008) NOTICE IS HEREBY GIVEN that the Richfield City Council will hold an assessment hearing on the date and at the time and place given below, to pass upon the proposed assessment for the removal and disposal of diseased trees on private property. DATE, TIME AND PLACE OF HEARING: August 11, 2009, at 7:00 p.m. or as soon thereafter as the matter can be reached on the agenda, at Richfield City Hall, 6700 Portland Avenue South, Richfield, Minnesota 55423. NATURE OF IMPROVEMENT AND AREA TO BE ASSESSED: Costs incurred for removal of diseased trees from private property with the consent and approval of the property owners for work ordered from the City of Richfield, January 1, 2008 through December 31, 2008. The City proposes to assess the costs for this work, which totaled $«COST»0. THE SPECIAL ASSESSMENT TO YOUR PROPERTY IS: $«ASSESSMENT»0. Payment can be made after the assessment is adopted and before November 15, 2009 at the City of Richfield Assessor's office, 6700 Portland Avenue, Richfield, MN 55423. Please make your check payable to the City of Richfield. THIS IS THE ONLY NOTICE YOU WILL RECEIVE OF THIS ASSESSMENT. NO SEPARATE BILLING WILL OCCUR. A copy of the proposed assessment roll is on file for public inspection at the City Clerk's office, 6700 Portland Avenue South, Richfield, Minnesota. 6700 PORTLAND AVENUE, RICHFIELD, MINNESOTA 55423 6]2.861.9700 FAX: 612.861.9749 ~~ 6700 Portland Avenue • Richfield, Minnesota 55423-2599 Payment within 30 days of adopted assessment: If the original principal amount of the assessment is $300 or more, you may make a partial prepayment of $100 or more within 30 days from the date the Council adopts the assessment, scheduled for August 11, 2009. No interest will be charged on the prepaid portion. Partial prepayments are not allowed after the 30-day period. The unpaid balance. will be spread over the life of the adopted assessment. Six percent (6%) interest will not be charged if the entire assessment is paid before November 15' 2009. Payment on or after November 15, 2009: Tree assessments are spread over 5 years. Interest at the rate of six percent (6%) will be charged, calculated from the date of adoption of the assessment until the date of payment. Interest is calculated for 17 months on the first year of the assessment and 12 months thereafter. There is a $1.50 surcharge per year over the 5 year life of the assessment when certified to the property tax. Questions regarding the assessment payment procedure should be directed to Debbie Guiher at 612-861-9710. DEFERRED ASSESSMENTS: Under Minnesota Stat. Secs. 435.193 to 435.195, the Council may, in its discretion, defer the payment of this special assessment for any homestead property owned by a person who meets certain age or disability restrictions and for whom it would be a hardship to make .the payments. The policy and procedure for deferment is set forth in City Resolution No. 9531, which may be obtained from the City Clerk. When deferment of the special assessment has been granted and is terminated for any reason provided in law, all amounts accumulated plus applicable interest become due. Any assessed property owner meeting the requirements of the law and the resolution may, within 30 days of the confirmation of the assessment, apply to the City Clerk for the prescribed form for deferral of this special assessment. HEARING PROCEDURE AND OBJECTIONS: The City Council will conduct a public hearing on the proposed assessment on the date and time listed. Written and oral objections will be considered at the meeting, but the Council may consider any objection to the amount of a proposed individual assessment at an adjourned meeting upon further notice to the affected property owners as the Council deems advisable. The Council may adopt the proposed assessment at the same meeting as the hearing. RIGHT TO APPEAL: You have the right to appeal the City Council's adoption of the assessment. To appeal, you must serve notice of an appeal upon the Mayor or City Clerk within 30 days after the adoption of the assessment, and you must also file the notice of appeal with the Hennepin County District Court within ten days after service upon the Mayor or City Clerk. You may not appeal unless you file a written objection, signed by ~u with the City Clerk_,prior to the hearing on August 11, 2009, or present the written objection to the presiding officer at the hearine on August 11th. BY ORDER OF THE CITY COUNCIL THIS 14th DAY OF JULY, 2009. Nancy Gibbs, City Clerk Questions? Questions concerning this assessment amount should be directed to Chris Link, Operations Manager, Streets/Forestry, at 612-861-9174. 67.00 PORTLAND AVENUE, RICHFIELD, MINNESOTA 55423 612.861.9700 FAX: 612.861.9749 AGENDA SECTION: AGENDA ITEM # REPORT # STAFF REPORT CITY COUNCIL MEETING JULY 14, 2009 CONSENT REPORT PREPARED BY: DEPARTMENT DIRECTOR REVIEW: REVIEWED BY CITY MANAGER: MARK HALL, OPERATIONS MANAGER - PARKS/FLEET NAME, TITLE ITEM FOR COUNCIL CONSIDERATION: Consideration of the attached resolutions pertaining to the annual Lyndale/HUB/Nicollet (LHN) maintenance assessment process. I. RECOMMENDED ACTION: By Motion: 1. Adopt the attached resolution declaring costs to be assessed and ordering preparation of the proposed assessment roll for 2008 Lyndale/HUB/Nicollet (LHN) Maintenance and schedule a public hearing for August 11, 2009. 2. Adopt the attached resolution proposing a similar assessment process to be implemented for 2010 and schedule a public hearing for Auaust 11.2009. II. BACKGROUND The Lyndale/HUB/Nicollet (LHN) maintenance assessment was established to recover extraordinary maintenance expenses in the LHN area in 1981. The extraordinary services include irrigation, weeding and mowing of landscaped areas. The LHN Redevelopment Area is approximately bounded by 64th Street, First Avenue, 67th Street and Emerson Avenue. City staff has determined actual costs of current services to be assessed for the 2008 maintenance of this area and estimated costs for the 2010 maintenance. 071481hn0810assess III. BASIS OF RECOMMENDATION A. POLICY • Section 825 of the City Code indicates "current services" mean one or more of the following: (a) snow, ice, or rubbish removal from sidewalks; (b) weed elimination from streets or private property; (c) removal or elimination of public health or safety hazards from private property, excluding and structure included under the provisions of Minnesota Statues, sections 463.15 to 463.26; (d) installation or repair of water service lines, (e) street sprinkling, sweeping, or other dust treatment of streets; (f) the trimming and care of trees and the removal of unsound trees from any street; (g) the treatment and removal of insect-infested or diseased trees on private property; (h) the repair of sidewalks and alleys; , (i) the operation of a street lighting system; (j) the maintenance of landscaped areas, decorative parks and other public amenities on or adjacent to street right-of-way; and (k) snow removal and other maintenance of streets in commercial redevelopment areas. Council ordered the work, and the work is done for 2008. Council needs to order the work for 2010. B. CRITICAL ISSUES • On or before September 1 of each year, the City shall list the total unpaid charges for current services against each separate lot or parcel to which they are attributable under section 825 of the City Code. C. FINANCIAL • Estimated and actual costs for the LHN maintenance services from 1998-2008 were/are: Year Estimated Actual 1998 $49,165 $39,127.73 1999 $50,640 $47,470.80 2000 .$45,000 $31,273.61 2001 $50,000 $52,556.06 2002 $50,000 $35,136.62 2003 $52,000 $37,785.67 2004 $50,000 $44,031.39 2005 $50,000 $45,385.31 2006 $50,000 $45,648.56 2007 $50,000 $51,605.29 2008 $50,000 $49,999.99 2009 $50,000 Fluctuations in expenditures for maintenance of LHN are caused by a number of factors. Weather determines water usage and irrigation costs; street light knockdowns are never foreseeable and very expensive; and the need to paint streetlights and repair concrete varies from year to year. D. LEGAL • Section 825, Subd. 2 states that "the City Clerk, under the Council's direction, shall publish notice that the Council will meet to consider the undertaking of current services and levying of special assessments to pay costs thereof." E. ENVIRONMENTAL CONSIDERATIONS • N/A IV. ALTERNATIVE RECOMMENDATION(S~ • Council may make any changes to the assessment roll as deemed necessary after the public hearing. V. ATTACHMENTS • Resolution declaring costs to be assessed and ordering preparation of the proposed assessment roll for 2008 LHN Maintenance. • Resolution proposing to specially assess the costs of current services for 2010. Graphic VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None .~C'- ! RESOLUTION NO. RESOLUTION DECLARING COST TO BE ASSESSED AND ORDERING PREPARATION OF PROPOSED ASSESSMENT FOR LYNDALE/HUB/NICOLLET (LHN) MAINTENANCE FOR THE PERIOD JANUARY 1, 2008 THROUGH DECEMBER 31, 2008 WHEREAS, costs have been determined for the maintenance of the Lyndale/Hub/Nicollet (LHN) Redevelopment Area which is approximately bounded by 64th Street, First Avenue, 67th Street and Emerson Avenue in the City of Richfield and the expenses incurred or to be incurred for such maintenance amount to $49,999.99 for the period of January 1, 2008 through December 31, 2008. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield, Minnesota: 1. The portion of the cost to be assessed against benefited property owners is declared to be $49,999.99. 2. The City Clerk shall forthwith calculate the proper amount to be specially assessed for such maintenance against every assessable lot, piece or parcel of land within the district affected, without regard to cash valuation, as provided by law, and shall file a copy of such proposed assessment in his office for public inspection. 3. The City Clerk shall, upon the completion of such proposed assessment, notify the City Council thereof. 4. A hearing shall be held on the 11th day of August, 2009, in the Council Chambers of the City Hall at 7:00 p.m. or as soon thereafter as the matter can be reached on the agenda to pass upon such proposed assessment and at such time and place all persons owning property affected by said maintenance assessment will be given an opportunity to be heard in reference to such assessment. 5. The City Clerk is hereby directed to cause a notice of the hearing on the proposed assessment to be published once in the official newspaper at least two weeks prior to the hearing, and he shall state in the notice the total cost of the maintenance. The City Clerk shall also cause mailed notice to be given to the owner of each parcel described in the assessment roll not less than two weeks prior to the hearing Adopted by the City Council of the City of Richfield, Minnesota this 14th day of July, 2009. Debbie Goettel, Mayor ATTEST: Nancy Gibbs, City Clerk ~~~~ RESOLUTION NO. RESOLUTION PROPOSING TO SPECIALLY ASSESS FOR THE COSTS OF CURRENT SERVICES PROVIDED WITHIN THE LYNDALE/HUB/NICOLLET ~LHN~PROJECT AREA FOR THE PERIOD JANUARY 1, 2010 HR UGH DECEMBER 31, 2010. BE IT RESOLVED by the City Council of the City of Richfield, Minnesota as follows: There is hereby established a special assessment district, the boundaries of which are conterminous with the Lyndale/Hub/Nicollet (LHN) Redevelopment Project Area, for the purposes of assessing for current services provided by the City. 2. The following current services of the City are hereby proposed to be undertaken by the City in the district, with the costs of such services to be specially assessed against benefited property within the district: • Snow, ice or rubbish removal; • Weed elimination; • Elimination or removal of public health or safety hazards from private property, excluding any structure included under the provisions of Minnesota Statutes Section 463.15 to 463.26; • Installation or repair of water service lines; • Street sprinkling or other dust treatment of streets; • Trimming and care of trees and the removal of unsound trees; • Repair of sidewalks, crosswalks, and other pedestrian walkways; • Operation of the street lighting system; • Maintenance of landscaped areas and other public amenities on or adjacent to street right-of--way; • Maintenance of Civic Plaza; • Snow removal and other maintenance of streets; • Painting and repair of wood furniture; • General maintenance, including repairs and replacement. 3. The area proposed to be specially assessed for such current services consists of every .assessable lot and parcel of land within the district. It is proposed that special assessments on commercial property be made on the basis of the area with each square foot of assessable commercial property within the district being assessed an equal amount for maintenance of common are. Exempt from the special assessment levy shall be all single family, two-family, multiple family residential propert~ within the LHN redevelopment district. Special maintenance of individual commercia properties shall be assessed directly for costs incurred in performing said maintenance to said property. The City Clerk is authorized and directed to give public notice of a hearing by this Council at which the Council will consider the undertaking of such current services and the levying of special assessments to bear the costs thereof. The City Clerk shall also give mailed and published notice of such hearing as required by law. Such hearing shall be held on Tuesday, August 11, 2009, commencing at 7:00 p.m. or as soon thereafter as the matter can be reached on the agenda. It is hereby proposed that the project consist of the costs of the aforementioned services for the period of January 1, 2010 through December 31, 2010. The estimated cost of providing all the aforementioned current services during that period is $50,000. Adopted by the City Council of the City of Richfield, Minnesota this 14th day of July, 2009. Debbie Goettel, Mayor ATTEST: Nancy Gibbs, City Clerk 0 N 1 N C31 .P N O N cn ~. o~ o~ i- ~ -y ' i ~ ~ / ~ ~~ / ~ ,t. E~ T ~ Z' ~~ ~ / Y ~/ _ t~ ''~ '~ ~ ~ ~~'-D~ - ~ 1 n h ~~ ~;~~ ~: '~' l ~ ~._. y ~ ~'~ ~ ~ ~ _-~ ~ /~~.~ \ ~ ~ ~ r ~~ ~~ ~ ~ ~ ~- - r / ~. - ~ ~ ~ ;' i ,~ ~~ ~ 1 .--- ~ - _.,~ .~ -;--- r m _ ~- za ~ -' ° a ~I = ao Z ~ i ~ ~ ~~ z ~ ~ ~' ~ ~ o m ~D ~ ~ I~ D Z ~ o to C7 m ~, W 0 ~ ; ', ~ ~ ~ ~ ~ t_. ~ n ~ ~___ __~ ~, '1(j " r 2 Z D Z m z D z n m 0 n z m AGENDA SECTION: AGENDA ITEM # REPORT # STAFF REPORT CITY COUNCIL MEETING JULY 14, 2009 CONSENT 5D 132 REPORT PREPARED BY: DEPARTMENT DIRECTOR rte/ REVIEW: u REVIEWED BY CITY MANAGER: MARK HALL, OPERATIONS MANAGER -PARKS/FLEET NAME, TITLE ITEM FOR COUNCIL CONSIDERATION: Consideration of the attached resolutions pertaining to the annual 77th Street maintenance district assessment process. I. RECOMMENDED ACTION: By Motion: - 1. -Adopt the attached resolution proposing to assess commercial properties in the 77th Street assessment district for costs incurred to maintain the area for 2008 and schedule a public hearing for August 11, 2009. 2. Adopt the attached resolution proposing a similar assessment _ process to be implemented for 2010 and schedule a public hearing for August 11, 2009. II. BACKGROUND Since the 1988 construction of the short section of 77th Street around the Hampton Inn, the City has been performing special, high-quality maintenance along 77th Street. The special maintenance services include irrigation, weeding and mowing of the landscaping on both sides of the 77th Street wall. The maintenance functions, known as current services, are funded through the maintenance assessment on the 77th Street businesses. City staff has determined costs to be assessed for the maintenance of the 77th Street redevelopment area between I-35W and Cedar Avenue. 071477th0810assess III. BASIS OF RECOMMENDATION A. POLICY • Section 825 of the City Code indicates "current services" mean one or more of the following: (a) snow, ice, or rubbish removal from sidewalks; (b) weed elimination from streets or private property; (c) removal or elimination of public .health or safety hazards from private property, excluding and structure included under the provisions of Minnesota Statues, sections 463.15 to 463.26; (d) installation or repair of water service lines; (e) street sprinkling, sweeping, or other dust treatment of streets; (f) the trimming and care of trees and the removal of unsound trees from any street; (g) the treatment and removal of insect-infested or diseased trees on private property; (h) the repair of sidewalks and alleys; (i) the operation of a street lighting system; (j) the maintenance of landscaped areas, decorative parks and other public amenities on or adjacent to street right-of--way; and (k) snow removal and other maintenance of streets in commercial redevelopment areas. • Council ordered the work, and the work is done. • Resolution No. 7405, adopted in 1988, established a policy for assessing the costs. • Commercial property owners will be assessed on aper-square-foot basis. However, all single family and multi-family residential properties, plus the two churches in the area, would be exempt from the special assessment levy. B. CRITICAL ISSUES • On or before September 1 of each year, the City shall list the total unpaid charges for current services against each separate lot or parcel to which they are attributable under section 825 of the City Code. C. FINANCIAL • Estimated and actual costs for the 77th Street maintenance services from 1998 - 2008 are: Year Estimate Actual 1998 $74,765 $54,629.54 1999 $80,000 $76,674.70 2000 $80,000 $70,594.20 2001 $85,000 $78,884.49 2002 $80,000 $75,490.39 2003 $80,000 $59,831.07 2004 $80,000 $63.,842.79 2005 $80,000 $64,841.54 2006 $80,000 $69,606.52 2007 $80,000 $77,441.46 2008 $80,000 $77,000.01 2009 $80,000 D. LEGAL • No legal issues are apparent at this time. The City Attorney will be in attendance at the Council meeting should a legal question arise. • Section 825, Subd. 2 states that "the City Clerk, under the Council's direction, shall publish notice that the Council will meet to consider the undertaking of current services and levying of special assessments to pay costs thereof." E. ENVIRONMENTAL CONSIDERATIONS • N/A IV. ALTERNATIVE RECOMMENDATION(S~ • Council may make any changes to the assessment roll as deemed necessary after the public hearing. V. ATTACHMENTS • Resolution declaring costs to be assessed and ordering preparation of the proposed assessment roll for 2008 77th Street Maintenance. • Resolution proposing to specially assess for current services for 2010. • Graphic VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None SD -.~ RESOLUTION NO. RESOLUTION DECLARING COST TO BE ASSESSED AND ORDERING PREPARATION OF PROPOSED ASSESSMENT FOR 77TH STREET MAINTENANCE FOR THE PERIOD JANUARY 1, 2008 THROUGH DECEMBER 31, 2008 WHEREAS, costs have been determined for the maintenance of the 77th Street Redevelopment Area the boundaries of which are approximately east of I-35W and west of Cedar Avenue in the City of Richfield and the expenses incurred or to be incurred for such maintenance amount to $77,000.01 for the period of January 1, 2008 through December 31, 2008. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield, Minnesota: 1. The portion of the cost to be assessed against benefited property owners is declared to be $77,000.01. 2. The City Clerk shall forthwith calculate the proper amount to be specially assessed for such maintenance against every assessable lot, piece or parcel of land within the district affected, without regard to cash valuation, as provided by law, and shall file a copy of such proposed assessment in his office for public inspection. 3. The City Clerk shall, upon the completion of such proposed assessment, notify the City Council thereof. 4. A hearing shall be held on the 11th day of August, 2009, in the Council Chambers of the City Hall at 7:00 p.m. or as soon thereafter as the matter can be reached on the agenda to pass upon such proposed assessment and at such time and place all persons owning property affected by said maintenance assessment will be given an opportunity to be heard in reference to such assessment. 5. The City Clerk is hereby directed to cause a notice of the hearing on the proposed assessment to be published once in the official newspaper at least two weeks prior to the- hearing, and shall state in the notice the total cost of the maintenance. The City Clerk shall also cause mailed notice to be given to the owner of each parcel described in the assessment roll not less than two weeks prior to the hearing. Adopted by the City Council of the City of Richfield, Minnesota this 14th day of July, 2009. Debbie Goettel, Mayor ATTEST: Nancy Gibbs, City Clerk ~4 ~~ RESOLUTION NO. RESOLUTION PROPOSING TO SPECIALLY ASSESS FOR THE COSTS OF CURRENT SERVICES PROVIDED WITHIN THE 77TH STREET PROJECT AREA FOR THE PERIOD JANUARY 1, 20109 THROUGH DECEMBER 31, 2010. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield, Minnesota as follows: 1. There is hereby established a special assessment district, the boundaries of which are east of I-35W and west of Cedar Avenue, for the purposes of assessing for current services provided by the City. 2. The following current services of the City are hereby proposed to be undertaken by the City in the District with the cost of such services to be specially assessed against benefited property within the District; • The trimming and care of trees and shrubs and. the removal of any unsound trees from any street; • The repair of sidewalks; • The maintenance of landscaped areas and other public amenities on or adjacent to street rights-of--way; • Trash and litter removal. 3. The area proposed to be specially assessed for such current services consists of each and every commercial lot. and parcel of land within the District. It is proposed that the special assessments on the commercial property be made on the basis of area. 4. The City Clerk is hereby authorized and directed to publish notice of a hearing by this Council at which the Council will consider the undertaking of such current services and the levying of special assessments to bear the costs thereof. Such notice shall be published in the official newspaper at least once, at least two weeks prior to the date of hearing. The City Clerk shall also give mailed notice of such hearing as required by law. Such hearing shall be held Tuesday, August 11, 2009, commencing at 7:00 p.m. or as soon thereafter as the matter can be reached on the agenda. 5. It is hereby proposed that the project consist of the aforementioned services for the period from January 1, 2010 through December 31, 2010. The estimated cost of providing all of the aforementioned services during that period is $80,000. Passed by the City Council of the City of Richfield, Minnesota this 14th day of July, 2009. Debbie Goettel, Mayor ATTEST: Nancy Gibbs, City Clerk 0 w 0 O O N N O W~ 0 o~ o~ rh z ~' r ~~ c~ v ~ ~ ~ 0 ~~ ~~ • ~~ ~ ~ ... ~.~`' ~u _ _ _ :_.' ~L-~-I-~--~ ~ -~:1 ~_! _~ ~ I E ~~ _~~. ~m ~~ -~ __ ~ m ~ O a 2 ~- i' ~ ~ '"" ~ ~ r w ~ ~ ~~ ~ ~N ~ ~- ~ , , r ,.a ~`°+ ' i _ ~ __,_~ , ___ ~-~-~~ , _~ -~ ~,_~ ;!~;i j , __~ i I I ~ I ~_ I ~~ II J ~ D ~ ! J ~~~!~IJ ~~~~ ~k ' I N z ,-T ~.~ ,__. ~. ~ ! - m T ~T, ,,, ~_ ~, i~ O ~ ~ i ~ ~ _ _ L L ~ ~ _:_ _ -- :..... i ~~ ~~ ~ _ ~ rr_J~ 1 ! i .._ ~~_~: S j_ „Gp.RE ELD__ AVE„ ~. ~ ~ ,_ -r- I . ~~ ~ ~ !._1_ i . i 1 m 2 _ _ HARRIET _ AVrE _ S ~ ~. ~L --- ~ t- '~~ _ AV 3 GRAM1D I ~ _ ~ m I ~ ~ ' II I ~ L ~I I I I f~ n ~ ~ _1 ~ _ ~ z i ~ ~- ~ I__= --~ ;-- ~~ .'i ~ ~~ ~; ;~~ ~_ - r ------~-: ~ ~-' I ~: ~ + i T, ' f i i ~~I , -r-mT' ~~'I~ I' ~~ m _ ^'~ ~ ~- ~' L ~ mo - p '' 2 ~ ~--_- =~'~I ~_' ~ ~. ~ - ~, ~, ~ ~'iI. I i ~ ~ ~r _ .L ~ "~~ z ~~ "'I m m Z -~ m z z n m O C7 ~ z m AGENDA SECTION AGENDA ITEM # REPORT # STAFF REPORT CITY COUNCIL MEETING JULY 14, 2009 Consent 5E 133 REPORT PREPARED BY: DEPARTMENT DIRECTOR REVIEW: REVIEWED BY CITY MANAGER: MIKE KOOB, POLICE LIEUTENANT ITEM FOR COUNCIL CONSIDERATION: Consideration of a new four year contract to provide school liaison services for School District #280 at the Richfield High School and the Richfield Intermediate Schools. RECOMMENDED ACTION: By Motion: Approve the attached contract to provide two police officers as Juvenile Investigators/School Liaison Officers to Schoo! District #280 at the Richfield High School and Richfield Intermediate School, along with other schools in the district as necessary. II. BACKGROUND Richfield Police Department has provided the Richfield School District #280 with school liaison officers since 1993. The most current contract between the Richfield School District and the City of Richfield/Police Department expired on June 30, 2009. A new four year contract (July 1, 2009 to June 30, 2013) for continued services of School Liaison Officers has been agreed upon between Dr. Robert Slotterback, Richfield Superintendent of Schools of District #280 and Steven Devich, Richfield City .Manager. The new contract will provide two officers from the Richfield Police Department as Juvenile Liaison Officers at the Richfield Senior High School and the Richfield 0714 New School Liaison Contract with District 280 NAME, TITLE Intermediate School. Both liaison ofFcers will work with the other schools in the district as necessary. School Liaison Officers' primary duties are to participate in crime prevention activities such as developing youth assets and creating positive relationships with the youth of our community, and to investigate juvenile criminal activity. In addition, the school liaison officers will provide law enforcement education, crime and drug abuse prevention, and safety programs. III. BASIS OF RECOMMENDATION A. POLICY • School- District #280 wishes to enter into the contract for two school liaison officer positions and continue a partnership with the City. • Richfield Public Safety wishes to continue a contract with the school district to provide the Juvenile Investigator/School Liaison services. B. CRITICAL ISSUES • A 30 day written notice must be given to terminate the contract. C. FINANCIAL • For this renewal period and each fiscal period thereafter, funds contributing to the salary shall be paid by the Richfield School District to the City for School Liaison services. • The renewal contract dollar amount shall be adjusted annually at the end of each school year to reflect a maximum annual compensation of: $67,780 in 2009 - 2010 $68,797 in 2010 - 2011 $69,829 in 2011 - 2012 $70,876 in 2012 - 2013 D. LEGAL • N/A E. ENVIRONMENTAL CONSIDERATIONS • N/A IV. ALTERNATIVE RECOMMENDATION~S~ • Do not sign the contract. School District #280 would then need to contract with another law enforcement jurisdiction to provide school liaison services. V. ATTACHMENTS • Resolution Contract for school liaison services. VI. PRINCIPAL PARTIES EXPECTED AT MEETING • - None - .~~- RESOLUTION NO. RESOLUTION AUTHORIZING AN AGREEMENT BETWEEN THE CITY OF RICHFIELD/PUBLIC SAFETY DEPARTMENT AND RICHFIELD SCHOOL DISTRICT #280 TO APPROVE SCHOOL DISTRICT FUNDS TO PROVIDE TWO RICHFIELD POLICE OFFICERS AS SCHOOL LIAISON OFFICERS AT THE RICHFIELD SENIOR HIGH SCHOOL AND THE RICHFIELD INTERMEDIATE SCHOOL, AND OTHER SCHOOLS IN THE DISTRICT AS NECESSARY WHEREAS, the Richfield Police Department has provided school liaison services to the Richfield School District #280 since 1993; .and, WHEREAS, the 2005 - 2009 contract between the Richfield Police Department and the Richfield School District #280 expired on June 30, .2009; and, WHEREAS, a new four year contract has been agreed upon between the City of Richfield and the Richfield School District#280; and, WHEREAS, the new contract will call for the Richfield Police Department to provide two police officers as juvenile liaison officers to the Richfield School District #280 from July 1, 2009 to June 30, 2013; and, WHEREAS, the City of Richfield, Public Safety Department is authorized to accept funds for compensation for two police officers to serve as school liaison officers to the Richfield School District #280. NOW, THEREFORE, BE IT RESOLVED that the City of Richfield enter into a cooperative agreement with the Richfield School District #280, to provide school liaison services. Steven Devich, Richfield City Manager, and Barry Fritz, Public Safety Director, are hereby authorized to execute such agreements as are necessary to implement the project on behalf of the City of Richfield, Department of Public Safety. Adopted by the City Council of the City of Richfield, Minnesota this 14th day of July, 2009. Debbie Goettel, Mayor ATTEST: Nancy Gibbs, City Clerk S~ RICHFIELD PUBLIC SCHOOLS CONTRACT FOR SERVICES This is a contract between Richfield Public Schools District 280 and the City of Richfield; Department of Public Safety for the services of Police/School Liaison Officers for July 1, 2009 -June 30, 2013. For this renewal period and each fiscal year thereafter, no less than $52,107 shall be ', paid to the City for services rendered. This dollar amount is based on the safe school levy certification as established by the Department of Education #or the 2001-02 fiscal year. The renewal contract dollar amount shall be adjusted annually at the end of each school year to reflect a maximum annual compensation of $67,780 in 2009-10, $68,797 in 2010-11,.$69,829 in 20.11-12, and $70,876 in fiscal year 2012-13. INTRODUCTION The mission of the Richfield Public Schools is to help prepare all learners for a changing world by developing their knowledge and abilities within a climate of mutual trust and respect. We believe that quality education is a home, school, and community partnershil Therefore, our relationship with the Department of Public Safety and the City of Richfield is very important as we all work together in partnership to provide a safe, supportive and caring educational environment. PRIMARY DUTIES The primary duties of the Police/School Liaison Officers will be to participate in crime prevention activities such as developing youth assets and creating positi relationships with the youth of our community, and to investigate juvenile crimir activity. The officers will not be responsible for enforcing school rules or for school security. Most juvenile cases will be handled by these officers. In addition, the school liaison officers will provide law enforcement education, crin and drug abuse prevention, and safety programs. The Police/School Liaison Officers are employees of the City and work under City and Public Safety policies and procedures. Each officer will be provided with an office at the school to which the officer is primarily assigned. Police /School Liaison Officer Contra Page s~ ,~ PERSONNEL Two officers will be provided to the school district. One will be assigned to the Senior High School and the other to the Middle School. Both officers will work with the other schools in the district as necessary: Whenever possible, if one officer is absent, the other officer will be available district=wide as needed. The selection process for the placement of school liaison officers-shall include the participation and consider the preference of the school principal DESCRIPTION OF SERVICES The services to be provided by the Police/School Liaison Officers are the following: 1. Promote the safety and welfare of students by working with the administrators and staff of the District's Middle and Senior High Schools in the prevention of delinquency and the investigation of criminal or delinquent conduct. 2. Encourage positive attitudes toward the law, law enforcement and the responsible exercise of authority. 3. Deter crime, delinquency, child abuse and neglect and assist school ', administration in determining the proper course of action when physical violence, disorder, or similar problems involving. the school population arise. 4. Maintain awareness of all investigations or interrogations being done in the schools and, when necessary, assist other officers in the performance of '. their duties. 5. Perform investigations of incidents occurring in the schools, and make proper referrals of petitions to court as serious matters may require. 6. Advise school administration on matters relating to school building security and occupant safety. 7. Participate in community and school efforts to promote positive youth development. 8. Participate in appropriate training opportunities provided to school district staff. 9. To the extent possible and consistent with other responsibilities, the police liaison officers will wear appropriate civilian attire while working in the public , schools. Police /School Liaison Officer Contract Page 2 ~"f ~ 10. Present the GREAT Program on an annual basis to all Middle School students in at feast one grade level, 6-8. 11. Perform other duties and assume other responsibilities as may be agreed to between the Director of Public Safety and the building Principals. DISTRICT REPRESENTATIVE The performance of this contract shall be supervised by the Superintendent of Schools and the City Manager or designee. Direct supervision of the officers shall be prrwided by the Public Safety Director with the assistance of the building principals. EVALUATION The Director of Public Safety and Building Principals shall conduct an evaluation of the School Liaison and GREAT Programs prior to June 30 of each year, based on services provided during the previous twelve (12) months in relation to the Description of Services specified in the contract. A copy of the written evaluation report will be provided to the Superintendent of Schools and City Manager. TERMINATION This contract may be canceled by either party at any time, with or without cause, upon a 30-day written notice. ~~z~ ~~~~ Dr. Robert Slotterback ~-_ .-.___ .... _.....:... Superintendent of Schools Richfield Public School District 280 7001 Harriet Avenue South Richfield, MN 55423 ~' 2~ ~`~ Date ~-~9 -off Date City of Richfield 6700 Portland Avenue South Richfield, MN 55423 AGENDA SECTION: AGENDA ITEM # REPORT # ...~ STAFF REPORT CITY COUNCIL MEETING JULY 14, 2009 REPORT PREPARED BY: TODD SANDELL, DEPUTY DIRECTOR/DEPUTY CHIEF NAME, TITLE DEPARTMENT DIRECTOR REVIEW: REVIEWED BY CITY MANAGER: ITEM FOR COUNCIL CONSIDERATION: Council approval of resolution authorizing the Public Safety Department/Police Division to accept donation from Residential Mortgage Group. I. RECOMMENDED ACTION: By Motion: Approve the attached resolution allowing the Public Safety Department/Police to accept $100 donation from Residential Mortga a Group, iven in the name of a Cit resident. II. BACKGROUND Public Safety/Police received a letter from Karen Montour, a Home Loan Consultant with the Residential Mortgage Group (RMG). She indicated that under the charitable donation program RMG initiated called "Refer a friend; Build your community," that makes a donation to the group designated by their client at the time of loan closing, Richfield Police has again been named as a recipient. Aaron Stehly and Amanda Burbach asked that Richfield Police receive a donation in their names. The amount of the check received is $100. A copy of the letter received from RMG is attached. Richfield Police has received donations under this program for the past two years, and there were no problems involved with the acceptance of the funds. 0714 Resolution Accepting Funds from Residential Mortgage Group III. BASIS OF RECOMMENDATION A. POLICY • Businesses, organizations and occasionally residents wish to show that they are proud of the law enforcement programs and accomplishments in Richfield because the programs and quality of service add to their sense of safety and security as they live and work in Richfield. To ensure that programs continue, they will offer to contribute to specified areas, such as protective vests for officers or the K-9 unit, or to general police programs. When donations are received without making specific designations, Public Safety accepts the donations with the understanding.that the funds will be used for programs affecting the department as a whole. • Minnesota Statute 465.03 requires every acceptance of a grant or devise of real or personal property on terms prescribed by the donor be made by resolution of more than two-thirds majority of the City Council • The Administrative Services Department issued a memo on November 9, 2004 requiring that all grants and restricted donations to departments be received by resolution and by more than two-thirds majority of the City Council in accordance with Minnesota Statute 465.03. B. CRITICAL ISSUES • N/A C. FINANCIAL • The $100 donation will be placed in the forfeiture fund to be used towards the purchase of police officer equipment. • A letter specifying how the funds will be used will be sent to the Richfield residents and to Residential Mortgage Group. D. LEGAL • N/A E. ENVIRONMENTAL CONSIDERATIONS • N/A IV. ALTERNATIVE KECOMMENDATION(S) ~ • Council could deny the resolution and the funds would be returned to the Residential Group. However, donations have been made in the previous two years under this program, and it was acceptable. ~ V. ATTACHMENTS ~ Resolution. Letter from Residential Mortgage Group to Richfield Police. ~ VI. PRINCIPAL PARTIES EXPECTED AT MEETING ~ SFI RESOLUTION NO. RESOLUTION AUTHORIZING RICHFIELD PUBLIC SAFETY/POLICE TO ACCEPT A DONATION OF $100 FROM RESIDENTIAL MORTGAGE GROUP, INC. IN THE NAME OF RICHFIELD RESIDENTS AARON STEHLY AND AMANDA BURBACH WHEREAS, the Public Safety Department/Police Division, through its Director, received a check from the company Residential Mortgage Group, Inc. (RMG), in the amount of $100 designated to Richfield Police; and, WHEREAS, the Residential Mortgage Group, Inc. began a charitable donation program in which they donate funds to a school, police or fire department in the community of and in the name of their clients at their loan closing; and, WHEREAS, Minnesota Statute requires every acceptance of a grant or devise of~real or personal .property on terms prescribed by the donor be made by resolution of more than two-thirds majority of the City Council; WHEREAS, the donated funds will be used towards the purchase of equipment for Richfield police officers. NOW, THEREFORE, BE IT RESOLVED that the Director of Public Safety will accept the donation of $100 from Residential Mortgage Group, Inc. in the name of Richfield residents Aaron Stehly and Amanda Burbach to be placed in the forfeiture fund account and. used to purchase equipment for the police officers. Adopted by the City Council of the City of Richfield, Minnesota this 14th day of July 2009. Debbie Goettel, Mayor ATTEST: Nancy Gibbs, City Clerk RMG May 2009 Chief of Police Richfield Police Department 6700 Portland Ave. Richfield, MN 55423 Dear Police Chief: 5~~~ Expert Home Financing. Guu~~nteed."' Residential Mortgage Group has a charitable donation program called "Refer a friend. Build your community."TM We are extremely excited about this exclusive initiative and have enclosed an explanation of the program. Also enclosed you will find a check payable to your organization. Our client has selected .you to be the beneficiary in conjunction with their loan closing. with RMG. Congratulations! We hope there will be more to come. Listed below is the name of the donor that has selected you as a recipient: Aaron Stehly Amanda Burbach 7105 4~' Ave. S. Richfield, MN 55423 Every loan closed with RMG can result in a donation of $100. To date, we have donated over a quarter of a million dollars to schools, police and fire departments in our communities. Please feel free to call if you have any additional questions about how this program works. Sinc 1 ~~~~--- Karen Montour Home Loan Consultant Enclosure Cc: Aaron Stehly and Amanda Burbach RESIDENTIAL MORTGAGE GROUP iNC. 6 Pine Tree Drive, Suite 330 Arden Hills, MN 55112 RHONe 651.203.8300 Fnx 651.203.8339 WWW.RMGMN.COM AGENDA SECTION: CONSENT AGENDA ITEM # 5G REPORT # 135 STAFF REPORT CITY COUNCIL MEETING JULY 14, 2009 REPORT PREPARED BY: DEPARTMENT DIRECTOR REVIEW: REVIEWED BY CITY MANAGER: ITEM FOR COUNCIL CONSIDERATION: Consideration of a subdivision waiver allowing the division of 6809 Newton Avenue (a 100-foot wide lot) into a 75-foot lot and a 25-foot remnant which will be combined with the adjacent 50- foot wide propert to the north (6801 Newton Avenue), creating a second 75-foot wide lot. I. RECOMMENDED ACTION: By Motion: Approve the attached resolution granting a subdivision waiver for 6809 Newton Avenue. II. BACKGROUND Rich River Housing, Inc. owns the properties located at 6801 and 6809 Newton Avenue. The corner property (6801) is currently a 50-foot lot and 6809 is a 100-foot wide lot. Rich River Housing, Inc. would like to "give" 25 feet from the wider lot to the narrower lot in order to create 2 - 75-foot wide lots. III. BASIS OF RECOMMENDATION A. POLICY • The reconfigured lots and existing improvements will meet all zoning requirements. • Rich River Housing, Inc. plans to remodel each of the existing homes. • The additional 25 feet will allow for an addition to the home at 6801 Newton Avenue. MELISSA POEHLMAN, CITY PLANNER B. CRITICAL ISSUES • The reconfiguration of these lots allows for a larger scale remodeling project and upgrading of the property at 6801 Newton Avenue. • The Comprehensive Plan identifies "move-up" housing that meets the needs of growing families as a need for the community. • No building permits will be issued until the applicant provides proof that the remnant parcel and 6801 Newton Avenue have been combined into a single tax parcel. C. FINANCIAL • The required application fee has been paid. D. LEGAL • No legal notice is required; however, the Community Development Department sent notice of the request for a subdivision waiver to residents and property owners within 350 feet of the property. • 60-Day Rule: The 60-day `clock' started when a complete application was received on June 16, 2009. A decision must be given to the applicant by August 15, 2009 OR the Council must notify the applicant that it is extending the deadline (up to a maximum of 60 additional days or 120 days total) for issuing a decision. E. ENVIRONMENTAL CONSIDERATIONS • N/A IV. ALTERNATNE RECOMMENDATION(S~ • Deny the requested subdivision waiver with a finding that the proposal does not meet City requirements. V. ATTACHMENTS • Resolution • Proposed lot descriptions • Surrounding zoning and land use maps VI. PRINCIPAL PARTIES EXPECTED AT MEETING • Scott Sharpe, Rich River Housing, Inc. 071409 6809 Newton subdivision 5G- I RESOLUTION NO. RESOLUTION AUTHORIZING A SUBDIVISION WAIVER FOR 6809 NEWTON AVENUE WHEREAS, an application has been filed with the City of Richfield which requests approval of a subdivision waiver for the division of certain parcels of land located at 6809 Newton Avenue, legally described as: Parcel A: Lots 14 and 15, Block 7, TINGDALE BROS. LINCOLN HILLS 2ND ADDITION, Hennepin County, Minnesota WHEREAS, the applicant proposes to divide the above-described Parcel A into two parcels, legally described as: Parcel One: Lot 14 and that part of Lot 15 lying south of the north 25 feet thereof, Block 7, TINGDALE BROS. LINCOLN HILLS 2ND ADDITION, Hennepin County, Minnesota. Parcel Two: The north 25 feet of Lot 15, Block 7, TINGDALE- BROS. LINCOLN HILLS 2ND ADDITION, Hennepin County, Minnesota. WHEREAS, the City has fully considered the request for approval for the subdivision waiver; and WHEREAS, the City Council finds that compliance with the City Code Section 500.05,. Subdivision 1 would result in unnecessary hardship and that failure to comply therewith will not interfere with the purposes of the platting regulations of Section 500.01. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Richfield, Minnesota, as follows: 1. A waiver for the subdivision of the Subject Property legally described above is hereby granted subject to the following condition: • That the owner of Parcel Two, as legally described above, take steps to combine said property with the adjacent land legally described as Lot 16, Block 7, TINGDALE BROS_ LINCOLN HILLS 2ND ADDITION, Hennepin County, Minnesota. 2. City staff is authorized and directed to take any action necessary to effectuate this resolution and to authorize the recording of conveyances complying with the terms of this resolution. Adopted by the City Council of the City of Richfield, Minnesota this 14th day of July, 2009. Debbie Goettel, Mayor ATTEST: Nancy Gibbs, City Clerk ~/ s~ • .ate a ~ 8030 Cedar Avenue South Suite 228 Bloomin ton, MN 55'425 Phone (8952) 854-4055 .Fax (952) 854-4268 • Denotes Iron Monument Found O Denotes Set, 1/2" x 14" Iron Pipe w/plastic cap incsribed R.L.S. 15230. SUR~TEYING, INC. WOODROW A. BROWN, R.L.S. President ~DMINISTRAT'IVE LOT SPLIT RICH RIVER HOUSING PROPERTY DESCRIPTION Lots 14, 15 and 16, Block 7, TINGDALE BROS. LINCOLN HILLS 2ND ADDITION, Hennepin County, Minnesota. Q1 Power Pole ~8t~~. RET. wAU ' I ~ ' o ~ ../1,.7 I" ,~ al ( ~ -- -- -- W 35.8 6801 ~ ~ / ~ ~n / ~ ~ 38.3 Q ~ ~ ~ ~ ~ °f / ~ GARAGE~N W' ~'~ _ 30 $ ~ k Z Z ~ 35.6 .~+ 4 2~ +100 _ 30.8 ~_ _ Q 9~~ 100.0 101.7 ..._...._....r. .__,.....~ I ~ ~ ~I N~LINE ~`lOT 15. n I Z ~ N MI Q P~G NI `~ " _ _ _ °,• ~ 135.46 meas. / a7.s ~ i i4 ss.~189' 16' 18 "W -- I ~ ~ ` ~ SOUTH LINE OF THE 2 V' ~, 2.0 NORTH 25 FEET OF LOT 15. psaos (D N O1 er ~ - - - 45.4 _ _ + 2~ k ~~ I ~- 0 999 ^I 99B 0 (O ~ P~GEL s9.7x ^ 22.2 r00. ,~ S ~/ ~. N /N 95.6 y,p` 22.2 ,g '~ .} rn --x .o i~ ~.~ 8"E _ `f21 _ _34.8_ h 1 30 ~°o~ 02 0 \\ J ~ W Oc N O N O ~ ~\ O ~>~--= Exisfin9 ProPe / ~Ilt Proposed N W ~~„>~ N (O O N O p a I". z ~_v_i 135.27 meas. i I N89'17'34"W PARCEL 1: Lot 1 S and the north 25 feet of Lot 15, Block 7: TINGDALE BROS. LWCOLN HILLS 2ND ADDITION, Hennepin County, Minnesota. PARCEL 2: Lot 14 and that part of Lot 15 lying south of the north 25 feet, thereof Block 7, TINGDALE BROS. LINCOLN HILLS 2ND ADDITION, Hennepin County, Minnesota. I hereby certify that this survey, plan or report was prepared by me or under my direct supervision and that I am a duly Registered Land Surveyor under the laws of the State of Minnesota. W. BROWN LAf~D SURVEYING, INC. // s-os ~?~~~~~~~ / Dated: 04-29-2009 1a/sa Woodrow A. Brown, R.LS N0. 15230 t of 1 ewton Ave -Subdivision 7/09 ~=~ 6809 N Surrounding Zoning R-1 R-1 R-1 R-1 R R-1 R-1 R-1 R-1 R-1 R-1 68TH STREET .350 ~• R R R R W W R ~ R R a a O ~ R R ~ R Z ~ R 69TH STREET 0 55 110 220 330 440 Feet N LEGEND R -Single-Family Residential R-1 -Low-Density Single-Family Residential R R R R R R R R R R R R R R R R R R R R R R R R R R R R R R 6809 Newton Ave -Subdivision 7 /09 Surrounding Land Use 5G"~ RES RES RES RES PRK RES R S RES RES RES RES RES 68TH STREET 35~ ~'• RES RES RES RES RES Z Q Z Q RES RES RES RES ~ RES Z R RES 69TH STREET 0 55 110 220 330 440 Feet N LEGEND RES -Single-Family Residential PRK -Park RES RES RES RES RES RES RES RES RES RES RES ES RES RES RES RES RES RES RES RES RES RES RES RES RES RES RES RES RES RES ~J STAFF REPORT AGENDA SECTION: AGENDA ITEM # REPORT # CITY COUNCIL MEETING JULY 14, 2009 Consent 5H 136 REPORT PREPARED BY: DEPARTMENT DIRECTOR REVIEW: REVIEWED BY CITY MANAGER: KRISTIN ASxER, CITY ENGINEER NAME, TITLE ITEM FOR COUNCIL CONSIDERATION: Consideration of approval of a Memorandum of Understanding (MOU) with the Minnehaha Creek Watershed District (MCWD) to maintain sole regulatory authority within city boundaries with respect to MCWD Rules B, C, D and N. RECOMMENDED ACTION: By Motion: Approve the Memorandum of Understanding (MOU) between Minnehaha Creek Watershed District (MCWD) and the City of Richfield allowing the City to exercise sole regulatory authority within city boundaries with respect to matters subject to regulation under MCWD Rules B (erosion control), C (floodplain alteration), D (wetland arotection) and N (stormwater management). II. BACKGROUND The eastern section of Richfield falls within the Minnehaha Creek Watershed District (MCWD). The City currently has sole regulatory authority within city boundaries with respect to MCWD Rules B (erosion control), C (floodplain alteration), D (wetland protection) and N (stormwater management). In order to maintain regulatory authority the attached MOU must be approved by the City Council before August ~'9, 2009 (or within 60 days of MCWD Board approval 6/19/2009). The proposed MOU establishes implementation responsibilities onto Richfield including but not limited to: 0714MCWDMOU i. an annual report from the City to MCWD describing the City's local Surface Water Management Plan (SWMP) implementation and regulatory activity during the preceding year and any adjustments to the City's implementation or capital improvement program; and ii. that the SWMP shall ensure protection of water resources within the City to the same degree as achieved by the MCWD Rules by adopting ordinances that refer to and require the regulations in MCWD Rules B, C, D, and N in those areas of the City of Richfield that fall within MCWD jurisdiction and that those ordinances take effect within 180 days of approval of the Plan; and iii. that the City will update ordinances that adopt MCWD rules within 180 days of adoption of new Rules by MCWD. If the City has not fulfilled the above conditions, the MCWD will reassert its authority to apply Rules B, C, D and N, as well as all other MCWD Rules, within the City. III. BASIS OF RECOMMENDATION A. POLICY • The City's Comprehensive Surface Water Management Plan adopts each watershed district's rules within respective boundaries and supports ordinance revisions consistent with the updated rules. B. CRITICAL ISSUES • In order for the City to maintain regulatory authority within the MCWD the MOU must be signed by both parties by August 19, 2009 (or within 60 days of MCWD Board approval - 6/19/2009). C. FINANCIAL • N/A D. LEGAL • The City Attorney will be available to answer questions. E. ENVIRONMENTAL CONSIDERATIONS • N/A IV. ALTERNATIVE RECOMMENDATION(S~ • The Council may choose not to approve the MOU at this time. V. ATTACHMENTS • Map of City Watershed Districts • Memorandum of Understanding VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None expected. -- ~ ~. _ ~~ ~ ~ ~~ I. w ~ ~ ~ ~Ih' G - ~ O Ir 'Z V1 G - N _ OG ~ t O N m ~ U o I!:' - . ~ [0 U m mom 1 ~ ~ ~ ~ - ~ ~ ~ c _ - ~ ~ z ~ , J ~~~ _ I, o 0 a~~ ~ _ _. NOSa3W3 ~ ~ ~T-_ ~~~~ ~ - -n laloewnH ~ ""` r rr-- _ -r-- ~ ~' NVOaOW 1, "^ ~.~, ^~ I J J 7 J r^ 1 NO1M3N ~ - - _.i Y ~- I a3nll0 ~ ..__'l _ - - - -_-'tl.~~ = 1~I~, ~-i-l 1-I i 1~ -._. NN3d O = _ ~ _ ~ tuJD ~7 I i ~r-~ ll3SSna U ~ ~ _ r --__' L _ ~_ 1~1 '_~ L7 ' ~~ ~. NVOIa3HS r _ C'a'-.-- _-.- I lL_, _~, - ~ "ill llli '~ ti I :I I1 ' ~-- ___ _ ~ ~T~. IT:TT T __ =--"- I~ ~ J_._L_. ~ ~ ~ ~- SVWOHl _ _ _~ - - _ --- r. _ ..._T. ~._. 'I''._ -- '. -_L_ ~L ~-11-~ LPL 1N30NIn r-- l_ -I i I I I I I I ~\~ NanBHSVM r-l ~,^, ~ ., - ~ ~a l ~ -f~-h~~ S3:a3X ,o ~ ~ ,o ~ m m ~ n r n ~ r r r r r r - ava3D 478 L 41LL 479 L NOlONIW DDI'. 4751 Ul4 L 43E L 41Z L 41LL 4101 lOlll3 OOVOIHO SnSWnl00 NaVd ~ ONVlNdO ~ ONVIlaOd ~' 415 C 414 C~9 NOlNllO P~£ PAZ SN3n31S is l 13llOOIN 1130S1b1$ H1aOM1N3M C O AanBSllid 1NVSV3ld ONtla'J 131aavH m3l~avD 3lVONAI HOIaOIV 1NVAaB Xbdl00 ~ 1NOdn0 ~ O NOSa3W3 ~ 1ND'w3ad aavalo laloewnH oNinal s3wvr ~ xoN~l NVOOI NVOaOW C NO1M3N M a3nil0 ~ NN3d N33nD ll3SSna NbOIa3HS SVWOHI NOldn 1N30NIn C NanBHSVM S3Xa3X f4 is s~~ / ~/~ ~' MEMORANDUM of UNDERSTANDING Local Water Planning and Regulation Minnehaha Creek Watershed District and the City of Richfield This Memorandum of Understanding (MOU) is made by and between the Minnehaha Creek Watershed District, a watershed district with purposes and powers as set forth at Minnesota Statutes Chapters 1036 and 103D (MCWD), and the City of Richfield, a body corporate and politic and a home charter city in the State of Minnesota. Recitals and Statement of Purpose WHEREAS in 2007 the MCWD revised its watershed management plan (WMP) under Minnesota Statutes §1036.231, which details the existing physical environment, land use and development in the watershed and establishes a plan to regulate water resource use and management to protect water resources, improve water quality, prevent flooding and otherwise achieve the goals of Minnesota Statutes Chapters 1036 and 103D; WHEREAS the WMP incorporates the Rules adopted by the MCWD to protect water resources, improve water quality, prevent flooding and otherwise achieve the goals of Minnesota Statutes Chapters 1036 and 103D; WHEREAS Richfield has developed a local water management plan under Minnesota Statutes §1036.235 that describes the existing and proposed physical environment and land use within Richfield and sets forth a regional subwatershed based capital improvement implementation plan for bringing local water management into conformance with the WMP; WHEREAS on October 2, 2008, the MCWD Board of Managers approved Richfield's local water management plan by adoption of Resolution 08-068, attached and incorporated herein and that requires, as a precondition of approval, that Richfield and the MCWD enter into this MOU to memorialize their respective roles as to water resource protection and management within city boundaries; WHEREAS Richfield currently exercises sole regulatory authority within city boundaries with respect to matters now subject to regulation under MCWD Rules B 1 S~~ (erosion control), C (floodplain alteration), D (wetland protection) and N (stormwater management) and wishes to continue to exercise sole authority; WHEREAS MCWD approval of a local plan requires a finding that municipal ordinances are at least as protective of water resources as the MCWD Rules; WHEREAS the finding by the MCWD Board of Managers that Richfield's municipal ordinances meet this criterion rests on Richfield's commitment to adopt ordinances that are materially equivalent to MCWD Rules B (erosion control), C (floodplain alteration), D (wetland protection) and N (stormwater management); NOW THEREFORE it is mutually agreed by and between the parties that they enter into this MOU in order to document the understanding of the parties as to the roles and responsibilities of each. 1.0 Responsibilities of Richfield 1.1 Richfield retains and may exercise all municipal authority to issue permits for and regulate activities within its boundaries that affect water resources. 1.2 Within 180 days of .June 18, 2009, Richfield will adopt an ordinance or ordinances meeting the terms of this MOU, with the written determination of MCWD staff that the ordinance(s) is or are materially equivalent to MCWD Rule B, C, D or N. If this requirement is not met, the MCWD will reassert its regulatory authority under Rules B, C, D and N for activities that have not received all required approvals under Richfield's water resource ordinances as of that date. 1.3 In accordance with Minnesota Statutes ~103B.21 1, subdivision 1(a)(3)(ii), the MCWD must approve the granting of any variance under a Richfield ordinance for which the MCWD has ceased to exercise regulatory authority. 1.4 Within 180 days of written MCWD notice that it has revised a rule for which Richfield exercises sole authority pursuant to paragraph 1.2, Richfield must revise its ordinance(s) to maintain material equivalence and obtain MCWD concurrence in the revision. MCWD will provide the City of Richfield with Rule language as part of this notification. Alternatively, Richfield may ask the MCWD to reassert its own regulatory authority as to that rule. 2 ~S"~I- ~ 1.5 Richfield will designate a staff member as the official point of contact for regulatory matters under this MOU. Richfield will: a. Maintain a log of permits issued or considered under its water resource ordinance(s), and include in the log the permit site location, the date the application was received and /or issued, and a brief description of the project. This log will be forwarded to the District annually and made available upon request. b. Notify the MCWD of work by Richfield subject to the ordinances governed by this MOU prior to initiation of work. c. Include the MCWD as a recipient of any public notices as provided in the ordinances governed by this MOU for MCWD staff to review and forward comments on the project. d. Provide available project plans and specifications to the MCWD on request. Richfield and the MCWD~will meet by March 1st annually to review Richfield's regulatory activity under this MOU. 1.6 Annually, by the date specified for Richfield's submittal of its annual report under its NPDES municipal stormwater permit, Richfield will submit to the MCWD a concise but specific report describing: a. Progress on the local water management plan implementation program. b. Progress on meeting phosphorus load reduction requirements of the WMP. c. Any adjustments to the implementation and/or capital improvement program in the local water management plan. d. The permit log described in paragraph 1.5, above. e. A listing, with further specific available information as the MCWD may request, of grading and structural alterations approved or occurring within city boundaries since the last annual report (both private and public alterations) that could measurably affect hydraulic and hydrologic model outcomes. 3 ..~~-~ Richfield may incorporate its annual report into its NPDES MS4 annual report, provided it addresses the above items with specificity. 2.0 Responsibilities of the MCWD 2.1 The MCWD will continue to apply and enforce its Rules, as they may be amended from time to time, to activity within Richfield, except as provided under paragraph 1.2, above. Specifically, but not exclusively, the MCWD will continue to apply its rules: (a) other than those regarding erosion control, floodplain alteration, wetland protection and stormwater management; and (b) to actions by parties to whom Richfield's ordinances do not apply. The MCWD will continue to perform NPDES compliance monitoring pursuant to its joint powers agreement with the Minnesota Pollution Control Agency and may perform similar regulatory activities by agreement with other public bodies. 2.2 Richfield and the MCWD will meet at least annually to review Richfield's regulatory activity under this MOU. 2.3 The MCWD retains all authority that it may possess under Minnesota Statutes Chapters 1036 and 103D and any other provision of law, except as explicitly withdrawn under this MOU, including but not limited to authority set forth at Minnesota Statutes §§1036.21 1, subdivision 1(a); 103D.335 and 103D.341 . The MCWD may use its authority under Minnesota Statutes §103D.335, subdivision 14, to inspect work subject to Richfield permits whether or not the work is subject to an MCWD permit. 3.0 General 3.1 If the MCWD has reason to believe that Richfield is not adequately implementing its regulatory program as approved, it may engage Richfield in a review of its concerns. If the MCWD Board of Managers, after engagement with Richfield and a public hearing, finds that Richfield is not adequately implementing its regulatory program, it may by resolution reassert MCWD regulatory authority as to all actions that have not yet received all required approvals under Richfield water resource ordinances. The Board may consider whether: (a) ordinances have been adopted and conform to standards approved by the MCWD; (b) ordinances have been applied as written and MCWD approval of variances has been sought per §1036.21 1; (c) technical expertise and 4 ~J-~ program resources as described in the local plan have been maintained; and (d) compliance has been reasonably monitored and enforced. 3.2 The MOU is effective on the date that it has been executed by both parties, will remain in effect for five years, and will be extended automatically for five-year terms unless terminated by agreement of the parties. Notwithstanding, Richfield will continue to be subject to applicable statutes and rules requiring that it revise its local water management plan in response to MCWD revisions of the WMP. 3.3 This MOU may be amended only by a writing signed by both parties. IN WITNESS WHEREOF, the parties hereto have executed this Memorandum of Understanding. CITY OF Richfield MINNEHAHA CREEK WATERSHED DISTRICT By ------------------------------- BY ----------------------------------- Mayo~ Aebbie Goettel President, Board of Managers Date: By City Manager, Steven L. Deviek~ Date: Date: APPROVED AS TO FORM AND EXECUTION BY ----------------------------------- Its Attorney 5 ~y-~ Minnehaha C~'eek ~a~ershed District REQUEST FOR B®I~RD ~CT`OIV TITLE: City of Richfield Local Water Management Plan - Approval ITEM TYPE: ®Action ^Consent ^Discussion ^Information PREPARED BY: Michael Wyatt TELEPHONE: 952-471-0590 E-MAIL:, mwyatt@minnehahacreek.org REVIEWED BY: ^ Administrator ^ Board Committee ® Counsel ^ District Engineer ^ Consulting Engineer ^ District Technician ® Planner/Program Mgr ^ Communications ^ Other DATE: 10/02/08 Fiscal/FTE Impact: ® None ^ Amount included in current budget ^ Budget amendment requested ^ Project/program adjustment needed for FTE ^ FTE included in current complement ^ New FTE(s) requested ^ Other (include explanation in text). PURPOSE or ACTION REQUESTED: Conditional approval of the City of Richfield Local Water Management Plan SUMMARY: The City of Richfield has submitted a Local Water Management Plan for MCWD review and approval. The historic timeline of the review is as follows: • December 12, 2007: Cit of Richfield submits Plan for MCWD comment ___._ ------- Y _ • December 26, 2007: MCWD receives comments from the Metropolitan Council • January 24, 2008: MCWD staff administratively deny plan and requests additional information and plan revisions • April 16, 2008: City of Richfield submits revisions to the Plan • May 15, 2008: MCWD staff administratively deny plan, request plan revision and a meeting with the City of Richfield • May 29, 2008: MCWD staff review outstanding issues with representatives from the City of Richfield and WSB & Associates, Inc. • August 12, 2008: City of Richfield submits revisions to the Plan • September 23, 2008: City of Richfield submits final Plan revision for MCWD approval The City of Richfield has updated the draft plan to reference information consistent with State Rules Chapter 8410, Minnesota Statute 1038.235 as well as the policies and requirements identified in the 2007 MCWD Comprehensive Water Resources Management Plan. The City has proposed to retain Local Government Unit --at~thot-ity~for the Wetland Conservation Act and is electing- #o retain sole permitting authority for activities subject to MCWD Rules B, C, D, and N. The City proposes to meet or exceed MCWD Rule requirements by adopting MCWD Rules by reference within the portions of the City that are within MCWD jurisdiction. MCWD has=ver-ified that the Local Water Management Plan is generally consistent with the goals and policies of __ __ R~1~WD_.v~dth required amendments to both the Plan and City Code (noted in the recommendation). STAFF RECOMMENDATION: Staff recommends the Board approve the City of Richfield Local Water Management Plan contingent upon satisfying the following conditions: a. Execution of a Memorandum of Understanding between MCWD and the City of Richfield within 60 days of MCWD approval establishing implementation responsibilities including but not limited to an annual report from the City to MCWD describing the City's local plan implementation and regulatory activity under the plan during the preceding year and any adjustments to the City's implementation S"/a ;~ or capital improvement program. The Memorandum of Understanding must also include the following under the heading "Responsibilities of the City": i. That the Pian shall ensure protection of water resources within the City to the same degree as achieved by the MCWD Rules by adopting ordinances that refer to and require the regulations in MCWD Rules B, C, D, and N in those areas of the City of Richfield that fall within MCWD jurisdiction and that those ordinances take effect within 180 days of approval of the Plan; and ii. That the MCWD will withdraw its regulatory authority under the relevant rule(s) once MCWD staff has determined that the City ordinance is materially equivalent to the MCWD rule and that the ordinance has taken effect; and iii. That the City wilt update ordinances that adopt MCWD rules within 180 days of adoption of new Rules by MCWD; and iv. That if the City has not fulfilled the above conditions, the MCWD will reassert its authority to apply Rules B, C, D and N, as well as all other MCWD Rules, within the City. EXPLANATION OF FlSCAL/FTE lIVIPACT: Costs associated with Local Water Management Plans review are included within the current budget. ~~/ f RES®~~ ^ ~OAI RESOLUTION NUMBER: CIS-06~ TITLE: City of RichfieEd Locai Water Resources Managero'ertt Plan -Approval WHEREAS, on July 5, 2007, the MCWD adopted amendments to its comprehensive watershed management plan under Minnesota Statutes § 1036.231, which, as amended, details the existing physical environment, land use and development in the watershed and established a plan to manage water resources and regulate water resource use to improve water quality, prevent flooding and otherwise achieve the goals of Minnesota Statutes Chapters 1036 and 103D; and WHEREAS, the MCWD Comprehensive Water Resources Management Plan, as amended incorporates the Rules adopted by the MCWD to protect water resources, improve water quality, prevent flooding and otherwise achieve the goals of Minnesota Statutes Chapters 1036 and 103D; and WHEREAS, the City of Richfield completed a draft Local Water Management Plan and submitted it to the MCWD for review and comment in 2007; and WHEREAS, MCWD reviewed the draft Plan and provided detailed review comments to the City for consideration and incorporation into the Plan; and WHEREAS, MCWD reviewed the subsequent Plan revisions in accordance with Minnesota Statutes § 1036.235 s.ubd.3, State Rules. 8410 and MCWD. Comprehensive Water Resources Management Plan - --- regrxiremants-Forthose-portions of the~City-within MCWD-boundat-ies and-subsequently prepared comments and discussed those comments with City representatives; and WHEREAS, the City of Richfield subsequently prepared and submitted final revisions for the Local Water Management Plan to MCWD. which incorporated MCWD review comments; and WHEREAS, the MCWD has determined that the final revised Plan, upon satisfaction of the conditions stated below, will be consistent with the MCWD Comprehensive Water Resources Management Plan; and WHEREAS, the Metropolitan Council has received the Local Water Management Plan and has provided its written comments to the MCWD in a letter on December 26, 2007 and the District has fully considered the comments; and WHEREAS the MCWD has determined that the Plan meets the requirements for local plan approval set forth in the MCWD's watershed management plan; and WHEREAS the City presently exercises, and wishes to continue to exercise, sole regulatory authority for activities subject to MCWD Rules B, C, D, and N; and ~~~~-~ WHEREAS the MCWD's ability to approve the Plan rests on the City's agreement to adopt ordinances that implement all of the requirements in MCWD Rules B, C, D, and N within 180 days of approval of the City of Richfield LWMP within those parts of the City where the MCWD has jurisdiction, as well as the City's agreement to update said ordinances within 180 days of their revision and adoption by MCWD; NOW, THEREFORE, BE IT RESOLVED, that the MCWD hereby approves the City of Richfield Local Water Management Plan, effective on the execution, within 60 days of this date, of a Memorandum of Understanding between MCWD and the City of Richfield establishing implementation responsibilities including the following: (1) Annual report from the City to MCWD describing the City's focal plan implementation and regulatory activity under the plan during the preceding year and any adjustments to the City's implementation or capital improvement program. (2) Terms providing for Richfield to continue fio apply sole regulatory authority over activities subject to MCWD Rule B, C, D and/or N within city boundaries as follows: i. Within 180 days of October 2, 2008, the City will adopt an ordinance or ordinances that provide materially equivalent water resource protection, with written concurrence of MCWD staff that the ordinance is materially equivalent, and the ordinance be in effect. ii. The MCWD must approve any variance the City proposes to grant under a relevant ordinance. iii. Within 180 days of written notification of an MCWD rule revision, the City will revise its ordinance to maintain material equivalence or request the MCWD to reassert its regulatory authority under that rule. iv. If-the City-has not-fulfilled-fheabov-e conditions, he MCWD.will.reassert its authority to apply Rules B~ C, D-and 1;1; as well as a8-other M£WD Rules, within the City. (3) Such other terms as are consistent with and give effect to Section 7.0 of the Comprehensive Water Resource Management Plan. Resolution Number 08-068 was moved by Manager Motion to adopt the resolution ayes, nays, Lee Keeley, Secretary seconded by Manager abstentions. Date: Date: AGENDA SECTION: Consent AGENDA ITEM # rjI REPORT # 137 STAFF REPORT CITY COUNCIL MEETING JULY 14, 2009 REPORT PREPARED BY: KRISTIN ASxER, CITY ENGINEER NAME, TITLE DEPARTMENT DIRECTOR REVIEW: REVIEWED BY CITY MANAGER: ITEM FOR COUNCIL CONSIDERATION: Consideration of the Minnehaha Creek Watershed District's Capital Improvement Program. I. RECOMMENDED ACTION: By Motion: Approve a formal request for Minnehaha Creek Watershed District to include the Legion-Taft-Nokomis Area Water Quality Improvement Project in their 2011 Capital Improvement Program. II. BACKGROUND The City Council adopted the City's current Comprehensive Surface Water Management Plan on February 10, 2009 which includes regional active treatment projects within the Minnehaha Creek Watershed District (MCWD), Legion Lake and Taft Lake watersheds, specifically identifying Taft Lake Active Treatment as a 2009 Capital Improvement to address MCWD's load allocation. The Comprehensive Plan also indicates that funding sources outside of the City's stormwater utility fund will be pursued to help cover the cost of regional projects. The MCWD issued a 30 day comment period for their member cities to collect comments to be presented to the MCWD Board of Managers regarding their Capital Improvement Program (CIP) schedule. Staff believes that the MCWD should consider financially supporting the proposed Legion-Taft-Nokomis Area Water Quality Project due to the regional benefits the 0714MCWDCIP project can achieve for the District. The City's request is proposing that a cost share agreement be pursued with the MCWD that requests the District to fund the capital improvement while the City would contribute the land and long-term (15 year) maintenance. Attached is a draft project fact sheet and a letter formally requesting the project be included in the MCWD's 2011 CIP. Upon approval, the letter and project information will be submitted to the District's staff and is tentatively scheduled to be presented to the MCWD Board of Directors at their July 16, 2009 meeting. III. BASIS OF RECOMMENDATION A. POLICY • The City's Comprehensive Surface Water Management Plan supports the use of regional and active treatment and identifies projects at both Legion Lake and Taft Lake (Section VI -page 4). B. CRITICAL ISSUES • The deadline for submitting CIP comments to the MCWD is July 17, 2009. C. FINANCIAL • The estimated capital cost for the project is $2,400,000. D. LEGAL • The City Attorney will be available for questions. E. ENVIRONMENTAL CONSIDERATIONS • The proposed project would achieve multiple environmental benefits including water reuse/conservation, infiltration, and phosphorus reduction. IV. ALTERNATIVE RECOMMENDATION(S~ • The Council may choose not to support submitting a formal request to MCWD to include the project in their 2011 CIP. V. ATTACHMENTS • Section VI -Page 4 from City Comprehensive Surface- Water Management Plan • MCWD CIP • Draft Legion-Taft-Nokomis Area Water Quality Improvement Project Information Sheet • Request Letter to MCWD VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None expected. v i c ~. N ~ O G ~ (p ~r__. .. ~m ~ d O ~'~ O O N ~ O ~ N O N OJ ~ C _ -, O 0 3 _ ~ ~ O ~ i ~ C Sll C1 ~ J C C) C® m ~ r. 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C+7 ~ ~. ~ C .U ~ ~ W -• ~ ~ ~ •- N ~ N - - Eh H9 (/5 69 b9 ~ - ~ ~ C .~ A ~'- A 'y (H ~ ~ ~~ ~ H3 ~ ~ ~O J N :n N lA v) N U A ~ N N El) u O ~ f7 N A ~ v. oo o ~ ~ ~~ o o o A - - ~ o c o ~ - ~- .c- ~ ~ ~ - ~ w w i, ~ o 0 0 D O ^~ N O , O O W O ~ O ~ O ~ O C O O O O O O O O O O + O O O O O O O O O O O O O O O O O O O O O O O O y v 5' ~ "~ N N ~ ' 00 d\ N O (» o W J tfi Efj o y ?. O O ~ C ~] C N O O C ~ ' y Er O O (~ O O ;fi O `A V3 O O O (A G A Yi O O O ~:~ '- O V1 O 69 O =:F. O A i/) !~ Vi O O 69 O O (/> O ' I1 O .- ~ ~J ~ '..~ ~ ~ ~ ff: O Ow - J i{~ ~ V ~s ~Y OTC S- ~- v EA J O I1 a t. W 's C ~ A C O ~ ~ ; O A A ~] ~ ~ O N A O O C C •O .N N O : cJ ~y J , O ^ O O ~ O O C O C O O 'C O o O O O O O O O O O O C C O O O O O O O O O W r ~ ~ i - S 'A ~ !n , ,~ !n -O ~~ J N ~~ C ~^ N v i I~ ~, Efi O J N H? ~ ~ O ~ N .~ ~ v i ~ ~~ C - '~ J N V ~ J O J o ~ ~ _ ~ O _ O O 'O O ' .. O .. V O ~ ~A O •. O ~~ O A O O O W O J O O O O O £!~ ~ 0 0 O C C O O C O O C O O O N N ~ c N _ v' _ ~ C ~^1 '- _ ,f ,J N `f ' :r-. ~ tf3 ~ W ~ N ~ A ~ o . V1 ~ - o y^ ~ / ~ -~ _ O ~ ~ ~ 'A v - - .c o _ C _ _ _ o o _ C C ° - ~ o c c z ~, s ,~ ;r, ;s ~t ~, ~ ~ N r' ~ ~ ~ ~ N 'JI ~v w C - ~~ ~ - N N O -- N ~ c c c A A A N ~ ~ ~ A E/i ^ O O y r " ~ - - J- O • G OC A J G O ~ ~ p J... o O C C O b _ - _ - - _,p _ - _ _ ~ O O O O O ~~ ~~ ~ .~H-8 '~~~ egion-Taft-Nokomis Area Water Quality Improvement Project The City of Richfield is proposing to partner with the Minnehaha Creek Watershed District on a regional water quality improvement project which can provide significant water quality benefits to Lake Nokomis! The City has developed a concept plan and undertaken pilot testing that supports an active treatment design that is not only impressively effective but cost-effective. as well. The project integrates treatment process that would be constructed in various park and public areas within the City. The proposed project is a regional system that has multiple beneficial elements: • Water Reuse/Conservation achieved by utilizing a retrofitted irrigation system in Taft and Veterans Parks • Infiltration measures used to control volume using on-site drain tiles and irrigation • Active Treatment could remove 70-90% of phosphorus inc/udina soluble phosphorus by removing water from the lake, treating it, allowing flocculation to occur, and then putting the clean water back into the lake. ~,~~ ~ .<. ff~~~r,' t ,: ; ; a Stormwater runoff from 1630 acres of land flows from the Legion - Taft watershed into Lake Nokomis and can be effectively treated with this project including the removal of phosphorus up to 90%! ~ .,.. -- N ~ d1 ~ ~ N ~ s- +a.- N N O t3~ N O ~ N U ~_ O ~ 7 O N~ p ~ O N •~ O ~ ~ ~ ~ 'O ~ ~ ~ ~ ~ ~ ~ t6 N '~ tU ~ O N ~ ~ N O ~ ~ ~ O ~ s,~ Jsa~° ~= ~~ o ago ~ ~~N s.. 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'a- ~- v ~ a~ a~ N = 7 ~ ~` o ~' o ~ N o v ' N ~..J o. ~ o ~ ~ ~ L ~ o O ~ ~. --~ O Q- _L O M -t3 p ~ t~5 ~ "" ~ ~ ~ T '~ ~ ~ O v T3 N O t~~i ~ (~ SZ cfl •~ ~ N~ ~ p ~ .~ N ~, ~ p~ t06 ~ T .N O U t06 ~ ~ ~ ~ ~ ,~ ~ ~ ~ ~ O V ~ ~ ((~ TJ G~NN o~ N o Q-o ~~~ Q- o~cn~ a ~ O V ~ ca ~ p cA Q• ~... ~ L L ttS ~ N ~ ~ ,~ ~ W ~ O G O G ~ S O N ~ ~ • O•~' ~ N N ''~ 7 T ~ N .N o O 'Q' O ~ O t,6 ~ .,~• G ~ 61 (0 N Q ~ ~ ~ ~ ~ ~ Q ~ ~ ~ ~ ~ O ~ ~" ~ ~ N U ..~ O 7, RS .~ ~ ~ N p ~ C6 C6 CSS O N Sy C6 ~ ~ N ~ ~ Q F'r ~ ,p N t~6 ~ N.~ .~ Q- N O O ' N ~ O 't3 O ~ ~ O 7., N C ~ :~=~ ~ N to ~ N ;; , ~ U t4 , SZ- V 7, O' v ~ ' U O O p - ~ ~ Os (CS E- N S2 p p O N N >C N ~ ~ N ~ ~ =r3 ~ ~ N z3 U -Y ti! 'Q Z ~ fl- 6 N O -O ~ g" ~_ N O N ~ ~ ~ N ~ ~ N ~ ~ o ~ N ~ Q.. ccs t ~ ~ ~ o c-,L ~ ~ N ~ ~ ~ ~ ~ v tl~ ~~,, '~' ~.~^ ~ ~ N ~ . N ~ ~ N 4- t6 ~ sr N ~ ,, ~ p N ~, N ~ ~ ' tf1 L o- ~- --~ • ~ O 1 ~p ~~,, off, W~_o ~" t~ 4 Ts v°~~ -'~~ ,.,, y s.. N O ~ O V N N~~ O `~ ~ V '` J Public Works Department www.cityofrichfield.org/publicworks MAYOR DEBBIE GOETTEL CITY COUNCIL PAT ELLIOTT TOM FITZHENRY SUZANNE M. SANDAHL FRED L. WROGE, JR. CITY MANAGER STEVEN L. DEVICH July 16, 2009 James Wisker MCWD Planner 18202 Minnetonka Boulevard Deephaven, MN 55391 Re: MCWD Capital Improvement Program -Project Request Dear Mr. Wisker, As part of the development of its updated Comprehensive Surface Water Management Plan, the City identified regional treatment projects for the Legion and Taft Lakes areas that have far reaching benefits. These benefits would not only improve the quality of water in Legion and Taft Lakes, but would provide even greater water quality benefits downstream in Lake Nokomis. In order for the City to implement this project and provide maximum benefits to Lake Nokomis cost share funding is needed. Please consider this letter as the City of Richfield's formal request that the MCWD include $2,400,000 in the District's 2011 Capital Improvement Program for the Legion-Taft- Nokomis Area Water Quality Improvement Project. The project could be considered for the Land Conservation Program or included in the CIP as a separate project. The City is proposing to partner with MCWD to develop a cost share agreement that would allow for implementation and long-term maintenance of the project. Thank you for your consideration of this project. If you have any questions, or need additional information, feel free to contact our City Engineer, Kristin Asher at 612-861-9795. Sincerely, __ Debbie Goettel Mayor copy: MCWD Board of Managers The Urban Hometown 6700 PORTLAND AVENUE -RICHFIELD -MINNESOTA - 55423 - 612.861.9790 -FAX 612.861.9796 5"~~~-`~ www.cityofrichfield.org AN EQUAL OPPORTUNITY EMPLOYER AGENDA SECTION: Consent AGENDA ITEM # 5J REPORT # 1 3R STAFF REPORT CITY COUNCIL MEETING JULY 14, 2009 REPORT PREPARED BY: DERICK ANDERSON, CIVIL ENGINEER. NAnIE, TITLE DEPARTMENT DIRECTOR. REVIEW: REVIEWED BY CITY MANAGER: r': ITEM FOR COUNCIL CONSIDERATION: Consideration of award of contract for the 2009 Rout and Seal Project. I. RECOMMENDED ACTION: By Motion: Award the contract for the Rout and Seal Project to Fahrner Asphalt Sealers, LLC in the sum of $31,960.00. II. BACKGROUND The pavement management program was implemented in 1988. That policy direction was set to improve the quality of the roads within the City and maintain an acceptable roadway system for residents. Committing to and continuing the preventive maintenance program is essential to delay the high costs associated with the deterioration of the streets to the point of major repair. The franchise fee implemented in 2004 provides the bulk of the funding for the City's pavement management program. Rout and Seal, also called asphalt crack repair, involves routing or cutting cracks to a uniform 3/" by 3/" channel and filling it with a hot rubberized-asphalt sealant. All existing residential streets have had cracks repaired since 1999. In 2000, the City started a Mill and Overlay program for streets in the worst condition. Within the first year or two after a Mill and Overly, the existing cracks in the base layer will reflect through and crack the new pavement surface. These cracks need to be sealed to 071409RoutSeal prevent water from entering and damaging the pavement. After the Rout and Seal, regular Sealcoating will extend the life of that roadway. This years crack sealing quantity/area is 3 to 4 times larger than in previous years resulting in lower unit prices. III. BASIS OF RECOMMENDATION A. POLICY • In 1995, Council initiated an accelerated street maintenance program. The program includes sealcoat for all City streets in a five-year cycle, mill and overlay streets in the poorest condition, and asphalt crack repair on recently paved streets. • Contracts or purchases from $10,000 to $100,000 may be made obtaining two or more quotations: • Two quotations were received. Fahrner Asphalt Sealers, LLC .submitted the lowest quotation. • All quotations must be kept on file for a period of one year after receipt thereof. B. CRITICAL ISSUES • Regular preventive maintenance techniques such as rout and seal, sealcoat and mill and overlay delay costly street reconstruct projects. • Rout and seal should be done before sealcoating. C. FINANCIAL • A recent History of prices for crack sealing: Year Price (per Ib~ Contractor 2005 $1.16 Bergman Companies, Inc 2006 $1.63 Bergman Companies, Inc 2007 $1.75 Bergman Companies, Inc 2008 Not done 2009 $1.20 Fahrner Asphalt Sealers, LLC • Funding for crack sealing is provided by the City's Franchise Fees and is in the 2009 Street Maintenance Budget, line item 6103 (Professional Services) D. LEGAL • When the amount of purchase is estimated to exceed $25,000, Council approval is required. E. ENVIlZONMENTAL CONSIDERATIONS • Cracks need to be sealed to prevent water from entering and damaging the pavement. IV. ALTERNATIVE RECOMMENDATION~S~ • Council may chose to reject all quotes and direct staff to obtain new quotes; however, the prices received for the contract was competitive, and staff does not believe lower prices can be obtained from a reputable contractor. • Council may chose not to continue with the. Pavement Management Program as planned. However, the program is essential to maintaining and extending the usable life of the City's streets. V. ATTACHMENTS • Quotation Tabulation • A map depicting the 2009 Rout and Seal project areas. VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None `~ c~ Quotes Submitted 2009 Rout and Seal Project June 29, 2009 COMPANY Quotation Amount Fahrner Asphalt Sealers, LLC $31 960.00 Allied Blacktop Company, Inc $55,766.00 J1J " 4" p ~ s XERXES 3100 WAS HBURN 3000 VINCENT 2900 UPTON 2800 THOMAS 2700 SHERIDAN 2600 RUSSELL 2500 QUEEN 2400 PENN 2300 OLIVER 2200 NEWTON 2100 MORGAN 2000 LOGAN 1900 KNOX 1000 m JAMES 1700 s IRVING 1600 , HUMBOLDT 1500 GIRARD laoo FREMONT 1300 EMERSON 1200 DUPONT 1100 COLFAX 1000 BRYANT 900 ALDRICH ao0 LYNDALE 700 x X GARFIELD 600 160 \ ~ X ~ HARRIET 500 ~. ORAND 400 O r PLEASANT 300 ~ ~ C ~~ ^~: ~ ~ PILLSBURY 200 ~U ~ ,--r ~ QO Q WENTWORTH 100 ~~ ~ 544 (~ ~ BLAISDELL 60 Q ~ ~ flJ n NICOLLET 000 1st 100 ~ (n ~ (p STEVENS 12'1 352 ~ ~ 2nd 200 ---~ (Q ~ 3rd 300 ~ CLINTON 324 240 () 0th 400 ''' _..._ _. 6th 5pp 360 (/> PORTLAND sop OAKLAND 620 PARK 7pp COLUMBUS 720 CHICAGO 800 ELLIOT 900 10th 1000 11th 1100 t 2ih 1200 13th 1300 14th 14x0 15th 1500 BL OOMINGTON 1524 16th 1600 17th 1700 _ lath laoo a CEDAR 1900 153 ... ,Y~ •'' I:99 "'~ I1 2 f.1(f1 O ,. ~~24 ~ J ~08 N', d+ U'ti ~ ~' N N (,.) A N O ` '~ ,.~~ .•<~ i'~~ '~; f ~. (~ ~'~ , _, E~ w:,~ W N ,' ~ ~ i .J o ~, Cfl:'' ~!: ~'.:: ~' j ii 7 ' ~3 - ~ - 4 '' XERXES WASHBURN VINCENT UPTON THOMAS SH ERIDAN RUSSELL O o QUEEN N p PENN OLIVER x NEWTON MORGAN LOGAN KNOX JAMES IRVING HUMBOLDT GIRARD FREMONT EMERSON DUPONT COLFAX O BRYANT ALD RICH rr LYNDALE /~~ GARFIELD J~'Jp HARRIET •A GRAND /v+ PLEASANT \/~~/ PILLSBU RV ~~/ WENTWORTH ~ BLAISDELL O/ NICOILET O 1st STEVENS 2nd 3rd CLINTON 4th 5th PORTLAND OAKLAND PARK COLUMBUS CHICAGO ELLIOT 10th 11th 12th 13th 14th 15th BLOOMINGTON 16th 17th t Stn CEDAR AGENDA SECTION: public Hearing AGENDA ITEM # REPORT # 139 STAFF REPORT CITY COUNCIL MEETING JULY 14, 2009 REPORT PREPARED BY: MELISSA POEHLMAN, CITY PLANNER NaNIr, Trrcc DEPARTMENT DIRECTOR REVIEW: ~'~ SIGNATLIRL' REVIEWED BY CITY MANAGER: j ITEM FOR COUNCIL CONSIDERATION: Public hearing regarding preliminary and final plat approval for 500 66th Street East (Victoria Manor). I. RECOMMENDED ACTION: Conduct and close a .public hearing and by motion: Approve a resolution rantin final approval of a plat for 500 66th Street East. II. BACKGROUND In order to redesign the intersection of 66th Street and Portland Avenue, the City acquired the former Mr. Tire property (6544 Portland Avenue) and right-of-way from the Victoria Manor property located at 500 66th Street East. In exchange for their land, Victoria Manor received excess right-of-way from the Mr. Tire property. On July 24, 2007 the City Council approved an amendment to Victoria Manor's conditional use permit to allow the construction of an additional multi-stall garage and expansion of the parking area onto the former Mr. Tire site. One of the conditions of this approval was that the property be re-platted into a single tax parcel. Plat documents have been prepared and approved by the City, the property owner and the County. Approval by the Council will allow the City and the property owner to complete the land exchange. 071409 - 500 66th St E plat III. BASIS OF RECOMMENDATION A. POLICY Whenever a copy of a preliminary or final plat is filed with the City for approval, published notice of a public hearing shall be given. • The Council will consider approval of a final plat once all improvements have been satisfactorily completed. This requirement. has been met. B. CRITICAL ISSUES • On October 25, 2005 the City Council approved the design for a roundabout at the intersection of 66th Street and Portland Avenue. • In conjunction with the project, the City acquired the property formerly occupied by Mr. Tire (6544 Portland Avenue). • The City also acquired right-of-way from the Victoria Manor Apartments at 500 66th Street East. • City staff negotiated with the owner, Mr. Roger Wahldick, to exchange excess right-of-way from the Mr. Tire site for right-of--way that was needed from Mr. Wahldick's property. • On July 24, 2007 the City Council approved an amendment to Victoria Manor's conditional use permit to allow site layout changes. • One of the conditions of this approval was that the Victoria Manor parcel and the additional land be combined into a single tax parcel. The platting of this property accomplishes this. C. FINANCIAL • Application fees do not apply, as this was aCity-initiated project. D. LEGAL • NOTIFICATION: Notification of this hearing was provided in accordance with City and State requirements. • Legal Counsel has reviewed the final plat and attached .resolution. E. ENVIRONMENTAL CONSIDERATIONS • N/A IV. ALTERNATIVE RECOMMENDATION(S~ • N/A V. ATTACHMENTS • Resolution • Plat VI. PRINCIPAL PARTIES EXPECTED AT MEETING • Mr. Roger Wahldick, property owner ~i RESOLUTION NO. RESOLUTION GRANTING FINAL APPROVAL OF A PLAT FOR 500 66TH STREET EAST (VICTORIA MANOR APARTMENTS) WHEREAS, Mr: Roger Wahldick ("Applicant"), has requested final approval to combine two tracts of land located generally-north of 66th Street, west of Portland Avenue, south of 6520 Portland Avenue and 6527 5th Avenue, and east of 5th Avenue in the City of Richfield; and WHEREAS, the proposed subdivision is to be known as VICTORIA MANOR; and WHEREAS, a public hearing was held on the proposed final plat of VICTORIA MANOR on Tuesday, July 14, 2009 at which all interested persons were given the opportunity to be heard; and WHEREAS, the preliminary plat for the VICTORIA MANOR was approved by the City Council after a public hearing was held on July 14, 2009. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield, as follows: 1. The proposed plat of VICTORIA MANOR satisfies the requirements of the City's subdivision ordinances. 2. Final approval is granted to the Applicants for the plat VICTORIA MANOR. 3. The Applicant must file the final plat with the Hennepin County Recorder or Registrar of Titles, within 30 days of the approval of this resolution. 4. Staff is .authorized to make changes as required by the Hennepin County Surveyor's Office. 2009. Adopted by the. City Council of the City of Richfield, Minnesota this 14th day of July, Debbie Goettel, Mayor ATTEST: Nancy Gibbs, City Clerk `V u w i n z s ~ c~s °~ Bg d~ $~ 8~se g ~ _a&? Fm e I rv £ ~ ~SF ~a ~ 3 L aZ G E _ - ua $ 3 n: f E~g _'a C:. 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S I R NOLLiOQV s,a3Ntirv Hdiva pyg X ~ °~ ;~< \~ ~ \~ ~LO~3Ni~r3='~ ;e I~R ~3 Y~ I .. d ` of osz gsg8~ § ~ %~~° ~ '$'$~ "e'~y~~3 $ ~ ~€ 8 a ~ ~ Zg ~ ^ ~g ~ ~pfaE ~$-S~$ E q2p, -pgb3~ a x s' ~ e~ ~ ~ t [ -e+{, 55:zFg e F ~ E£ ~ C , ~ Y~_~bg i say ~ ~ ~ Y ~~e3 ~apR gE ~ Y ~ e $ m F~_28f i W ~sa gFa a ~ pa'°p3 ~g `~'QO ~ o' ° g'~ m*~e~F ~. m~e_Qe F ~ sa ~~ - o ._ a F _ ~~ m3$„3 a s~ a: s3$y X ~S~aE' a ~3. ~ ~ ~~ e~s~.,di ~ _ a F'~`-3e 8 - 2 Wi3-a8 x ~b.Q~3 g ~ R g~ =i8'~~ _ g_ - ~~~~~$ -~ ~ ~ .: s ~s ,L~i~E a '. ~o[ ~~E ~e~ ~-~A e F Fg :m~~ ~iwas=_ p ~%"a€8 k P a E ~ ~~ g TF x ~° _ g~ z~ a2 ~~ o` ,~ u R ~, c~ R ~° _~a $~ :g ~- 8° ~o $~ F~ e~ ¢a Wa F~ '~ JULY 14, 2009 REPORT PREPARED BY: JIM TOPITZHOFER, RECREATION SERVICES DIRECTOR NAME, TITLE DEPARTMENT DIRECTOR REVIEW: REVIEWED BY CITY MANAGER: ITEM FOR COUNCIL CONSIDERATION: Consideration of award of contract to Harris Companies for the upgrade or replacement of HVAC, li htin ,and refri eration Equi ment at the Richfield Ice Arena. I. RECOMMENDED ACTION: Motion to award the attached contract to Harris Companies for the upgrade or replacement of HVAC, lighting, and refrigeration equipment at the Richfield Ice Arena with Service Option 2. II. BACKGROUND The Recreation Services Staff has been working on an exciting new program that can lower energy costs of the ice arena and outdoor pool and use the cost savings to pay for future equipment replacement and upgrades. Brandon Klement, Facility Manager, has met with representatives of Harris Mechanical Service, Inc. over the past year to evaluate the current state of the Richfield-Arena. They have concluded that much of the equipment is the original 38 year-old equipment and well beyond its life expectancy. On April 14, 2009, City Council approved an agreement with Harris Mechanical Service, Inc. in the amount of $20,000 to conduct an engineering study to evaluate the replacement of aging equipment with energy efficient equipment. Harris completed the study and has worked within the guidelines of Minnesota legislation to provide written performance and energy savings guarantees. The study was a success and a project has been developed that replaces a significant amount of equipment that will generate savings to lower operating costs in an amount that pays the debt service on the new equipment over a 20-year period. 0714 Ice Arena Mechanical Upgrades The scope of the project is described in detail in Attachment A. A brief summary follows: 1) Replace all refrigeration compressors in Rink 1 and Rink II. 2) Install direct digital controls for all new compressors. 3) Relocate existing liquid trap and install variable frequency drives on evaporator fans. 4) Snow-melt system modifications. 5) Install heat-pump recovery system in Rink 1 refrigerator system. 6) Make necessary repairs to both dehumidification systems. 7) Re-insulate hot water distribution pipes in both rinks. 8) Re-pipe hot gas coil in Rink 2. 9) Install economizer controls on all HVAC units and locker room sensors. 10) Install low emissivity ceilings in both rinks. 11) Install motion- sensors on vending machine lighting. 12) Install energy efficient water fixtures. 13) Install energy efficient lighting in Rink 1. 14) Replace doors between Rink 1 and lobby. . 15) Install various weather striping and adjust doors. 16) Replace Zamboni door in RinK 1. 17) Replace Rink 1 restroom partitions. The total cost of these upgrades is $1,291,350 less energy rebates in the amount of $13-,481: Projected energy and operational savings over atwenty-year period are presented in Attachment C. Energy savings over atwenty-year period are estimated at $3,076,076. The energy reduction calculations were verified by Xcel Energy and the cost savings were. based on current Center Point Energy interruptible rates which are subject to change as utility rates change. In order for the City to receive an energy savings guarantee from Harris Companies, the City must select one of the following service options-with Harris Companies: Service Option 1 Harris will perform the following tasks to the new HVAC and refrigeration equipment for an annual fee: quarterly inspections, testing and preventive maintenance tasks, repair and replace broken or worn equipment including parts and labor, trouble calls, and parts and supplies required to keep the equipment operating. This service also includes annual utility bill reconciliation. The annual fee for this option for the first year is $33,492 and increases 4% each year thereafter. Harris will provide a first year utility bill guarantee of $103,300 based on current Center Point Energy interruptible rates which are subject to change as utility rates change. Harris will guarantee an additional guarantee of $25,488 for the first year of operational savings. The City would avoid these costs under Service Option 1 in that Harris will provide all repairs, including parts and labor, at no charge. Actual expenses to repair the Ice Arena's HVAC and refrigeration in 2006, 2007 and 2008 are attached to this report. Most all of these expenses are for contractors to perform the technical mechanical repairs. Furthermore, Harris will guarantee an additional $24,762 the first year for the annualized cost avoidance savings of having to replace the old equipment. The total savings guarantee in year one with Service Option 1 is $153,550. Service Option 2 Harris will perform the same preventive maintenance tasks as outlined in Service Option 1, but would not cover the cost to repair, replace broken or worn equipment, trouble calls, and parts and supplies required to keep the- equipment operating. This service does include annual' utility bill reconciliation. The annual fee for this option for the first year is $23,550 and increases 4% each year thereafter. In Service Option 2, Harris will provide a utility bill guarantee in the amount of $103,300 and cost avoidance guarantee in the amount of $12,262 for a total savings guarantee of $115,562 in the first year. Recommended Service Option Because the new equipment installed by Harris will have a one year warranty and additional repair coverage of the new equipment would not be needed, Staff is recommending Service Option 2 for the first year. The City has the opportunity to upgrade to Service Option 1 or discontinue any service plan in the future and will evaluate all options at the end of the first year. Regardless of which service option the City chooses, staff will still perform daily and weekly preventive maintenance on the equipment as we have done in the past, which is the bulk of service work needed to operate the facility. III. BASIS OF RECOMMENDATION A. POLICY • Pursuant to Section 8.04 of the City Charter, the project required approval of a transitory ordinance because the estimated design costs may exceed $75,000 and the estimated construction cost may exceed $500,000. • A public hearing and second reading of a transitory ordinance authorizing the upgrade or replacement of HVAC, lighting and refrigeration equipment at the Richfield Ice Arena-was conducted on May 26, 2009. B. CRITICAL ISSUES • Much of the Ice Arena's mechanical equipment in Rink 1 is the original 38-year old equipment including boiler, HVAC, domestic water heater, snow melt pit, and refrigeration system. The boiler was oversized in anticipation of a community center expansion resulting in inefficiencies. C. FINANCIAL Recommended funding for the project is in the form of an internal loan based on a 2% finance charge to ourselves. This finance charge can be adjusted accordingly with future interest rates. • .Financial data for the project is presented in Attachment C. The column headings are explained as follows: 1) Energy -Gas, electric and water savings each year as a result of the new equipment. 2) Operational -Anticipated cost to repair the existing refrigeration and HVAC equipment based upon last years spending. 3) Cost avoidance -The annualized cost to replace the equipment over a 20-year period. 4) Rebate -Rebate offered by Xcel Energy. 5) Total Savings -Sum of the above. 6) Finance Payment -The amount paid by the Arena budget to the City for an internal loan. 7) Harris Service -One of two service plans offered by Harris that enable Harris to provide a guarantee. Staff is recommending Service Option 2. 8) Annual -Total annual savings with service plan. 9) Cumulative -Cumulative savings from year one. D. LEGAL The City Attorney has reviewed the attached contract. • Pursuant to Minnesota State Statute 471.345, subd. 13, a municipality may enter into a guaranteed energy-savings contract with a qualified provider if, after review of the report, it finds that the amount it would spend on the energy conservation measures recommended in the report is not likely to exceed the amount to be saved in energy and operation costs over 20 years from the date of final installation if the recommendations in the report were followed, and the qualified provider provides a written guarantee that the energy or operating cost savings will meet or exceed the costs of the system. The guaranteed energy-savings contract may provide for payments over a period of time, not to exceed 20 years. The utility bill guarantee that is associated with Service Options 1 and 2 complies with this statute. Pursuant to Section 8.04 of the City Charter, the project will require approval of a transitory ordinance because the estimated project cost exceeds $500,000. Pursuant to Section 8.05 of the City Charter, notice of the public hearing was published twice in the Sun Current fourteen days prior to the hearing. The City Attorney has reviewed the procedure .for this capital improvement and finds that it complies with the City Charter. E. ENVIRONMENTAL CONSIDERATIONS • The project will potentially benefit and City and the environment with significant energy reductions of natural gas and electricity. IV. ALTERNATIVE RECOMMENDATION(S~ • The City could choose Service Option 1, but staff recommends Service Option 2 for the first year because the new equipment installed by Harris will have a one year warranty and additional repair coverage on the new equipment would not be needed. The City can upgrade to Service Option 1 or choose to discontinue either plan at anytime in the future. The City could choose to reject the contract with Harris and contract with an engineer to prepare plans and specifications to bid out the work recommended by Harris in their technical study. There would be no energy and operational savings guarantees under this alternative. V. ATTACHMENTS • Harris Main Contract and Attachments A, B, C and D. VI. PRINCIPAL PARTIES EXPECTED AT MEETING • Keela Bakken, Sales Manager, Harris Companies ~-/ G W Z Q W ~_ W Z Q V a Z W Q W a W O W Z W a X W J L~ r Q N y N M ~ ~O ~ ~ C r 00 M ~'~ cF Q. c~ ~ ~ ~ M K Ef3 Efl N EfJ W ~ ~ N V y w ~ O Q a N ~ ~ ~ N ~ ~ N U O ~ c c ca m m ~ o> ~ C ~ r c o~~U o~~ ;~ ~ Q ;~ E a~ m> ~ F-? ~~2~Ud ti m O EA ~ c"~ O 00 C: r O ~ ~ ~ if; cu M EA N co ~ ct r~ ~ C N c~ ~ ch 6 M ~ cn ~ cf3 d3 W E t6 N r w to Q N c " f~ ~' ~ 3 O ~ ~ ~ N ~ ~ N c ~ ~ ~ O ~~ •~~,~ rn° U ~f6 ~ Q ~ ~ ~ ~~=ova N N N M N ~ O CM r~ 00 O ~ N ~Y O; c~ O) O N `~ ~ 67 O M Lt) C Q (fT Efl ~ (f} W ~ ~ N 7 !C V O Q fn .~Q ~ ~ ~ ~ o •Q ~ ~ N 3 ~ ~ ~ N C ~ C C ~ L CO f0 (6 O ~ c ~ ~ c rna?U oca:n .` _ ~ .L ~ C ~ ~ 2 ~ U d ~ 0 0000 0 0 c~ 0 0 0 0 0 0 0 N N N N N N N ~ ~ r 0 0 V M N O O d> - ~ N r rr M ` N Cfl O O .- r ~- r h M r I~ O Op 1~ O t7' O O M O O ~ ~ M O CO O N h r~ 00 r ~ N ER Cf} EA dT b4 Cf) Cf} N U N a N ~ ~ v ~ to tT '~ L ~ C ~ ~ QN N ~ d > ~ O N y~ 0 o Z N C U C C~ C Z w mww•~w a, afl-aa-Q a~ ~ ~ H ~ ~ H ~ 3 ~ r~ r~ ti 0 0 0 0 0 ~ O O O O ~ N N N N a O N O ~ N M N N •1~ O O M N r r d O 07 O O ,i COO I~ ~ IS Q O N ~ In ff}~ERbT r ~ O Z ~ ~~ •O m ~ ~ •5 v ~ ~ O ~ V (Y] a 'a •p ~ c c ~ '~ '~ w w ~: c- ~ a a ~ ~ ~ ~ = OD 00 ©O OO O 00 ++ 000000 N N N N N N 'C ~ d' N CO ~ d' = N ~ r ` N N ~ ~ ch~~~ y ~~ tip ~ ~ CO O O) 1~ ~ `w O ~ M~ ~ O ~ ~ N ~ CO to r p EA 69 to b4 b9 lfJ V vim. L N ~- Z Z ~ ~ ~ rn c ~ CCS c ~ ~ ~ ~ a = L > > O °' COOU O ~ ~ 'a t`A t,Qa c caww a Q Q Q ti li~iUHHU v U_ a~ U,' S J N N y ~' v' w .C U „~ 0 0 U N L^, N C 0 C O a °''~ C c~'ol i' r dt r=' f ~~ :'~t" r ~ r P ,3une 15, 2OC?9 P9PCt05C12 ~ ~' t~f 3 Harris Mechanical Service, LLC 909 Montreal Cirele St. Paul, MN 55102 BY and BETWEEN Hereinafter CONTRACTOR __ City of Richfield 6700 Portland Avenue South Richfield, MN 55423-2599 Hereinafter CUSTOMER Professional Services for energy efficiency improvements at Richfield (ce Arena, 636 East 66th Street, Richfield, MN 55423. Contractor will provide all professional services including design, engineering, procurement and installation of the infrastructure improvements indicated in Attachment A, Scape of Wark, to deliver a complete installation. All work wil! be in accordance with the terms and conditions and payment schedule set forth on the foliawing pages. The energy savings are outlined in Attachment B, Performance Standards 8~ Energy Savings. Maintenance of the system is proposed as separate documents in Attachment D, Ongoing Maintenance & Support. The financial analysis is detailed in Attachment C, Financial Analysis. The purchase price of the energy enhancement program will be $1,291,350. This includes utility incentive in the amount of $ 13,481. to be paid direct to customer upon completion of project. These are minimum committed amounts by the utilities. As detailed in Attachment B, this project will result in $ 153,550. energy and operational savings per year. The work performed under this AGREEMENT will be substantially complete and ready for Owner's beneficial use within 6 months of Customer's acceptance and Contractor's approval of this Agreement. - This proposal is proprietary property of Contractor and is provided for Customer's use only. Contractor guarantees the price stated in this Agreement for sixty (60) days from proposal date above. The proposa! will become a binding Agreement only after acceptance•by Customer and approval by an officer of Contractor as evidenced by their signatures below. This Agreement sets forth all the terms and conditions binding upon the parties hereto; and no person has authority to make any claim, representation, promise ar condition an behalf of Contractor which is not expressed herein. i~A1S tECH N1CAL SERVICE, (..LC CUSTOMER ".~~.. ~ • y. F" E~eeia Bb~ken - Spies tvla~ager Date Signature (Authorized Representative) Bob Swanger -Vice President Date Name {Print/Type} Date `.J 4 ~~y i _ _ Terms and Conditions (a) The term "Contractor" shall mean and include Harris Mechanical Service, LLC, 909 Montreal Circle, St. Paul, MN 55102. (b) The term "Customer" shall mean the City of Richfield, 6700 Portland Avenue South, Richfield, MN 55423-2599. 1. In case of any failure to perform i#s material and workmanship warranty obligations under this Agreement, Contractor sha11 be liable for the reasonably foreseeable damages naturally resulting from its breach of contract as defined by Minnesota Law. Further, Contractor agrees to act on behalf of the Customer for purposes of enforcing such warranties, warranty, or guarantee on the part of Contractor with respect to equipment furnished by outside sources. 2. Contractor will warrant that the' materials and workmanship provided by the contractor under this agreement will be free from defects for a period of 24 months after Customer's acceptance ar beneficial use of the systems or any portion thereof, whichever is earlier, provided that the Contractor is given prompt written notice of the defect. 3,: Customer shall permit Contractor free and timely access to areas and equipment, and allow Contractor to start and stop. the equipment as necessary to perform required services. All planned work under this Agreement will be performed during the Contractor's normal working hours; except that no work will interfere with customer's instructional activities. 4 Contractor and Customer agree that ail work required for the Projact, including that of all other contractors and subcontractors for the Customer, if applicable, shall be performed in accordance with a mutually agreed upon precedent schedule of construction activities prepared in advance of their commencement. Contractor shall provide a detailed schedule of its activities; their relationship to other activities, and their access requirements and durations, and contractor agrees to perform such activities with as little disruption to customers normal operation as possible. The schedule shall be based upon commencement and completion dates stated in this Agreement. Contractor shall be entitled to an extension of contract time in the event the Work or any part thereof is delayed by any cause beyond Contractor's reasonable control. Such causes include, but are not limited to, -acts of God or public enemy: compliance with any order, decree, or request of any government authority; acts of declared or undeclared war; sabotage; fire; floods; adverse weather conditions; explosions; accidents; rio#s; strikes; labor disputes; inability to obtain necessary materials or equipment firom norms! sources of supply; or any other cause not within the reasonable control of the contractor. '; Any alteration to, or deviation from, this Agreement involving extra work, cast of materials, or labor wilt became an extra charge (fixed price amount to be negotiated or on a #ime-and-material basis at Contractor's rates then in effect) over the sum stated in this agreement; and must be approved in advance and in writing by customer, and customer shall not incur any such extra charge as a result of any action or inaction by contractor. 6 Contractor will not be required to move, replace, or alter any part of the building structure in the performance. of this Agreement. 7. This Agreement does not include responsibility for repair or replacement necessitated by causes beyond the control of Contractor, including but not limited to freezing weather, electric power failure, low voltage, burned-out main or branch fuses, low water pressure, vandalism, misuse or abuse of the system(s), requirements of governmental, regulatory ar insurance agencies. Contractor warrants that the parts and workmanship hereunder shall be free from defects for two years from date of installation. If any replacement part or item of equipment proves defective, Contractor will extend to Customer the benefits of any warranty Contractor has received from the manufacturer. Contractor agrees to respond to emergency breakdowns within 4 hours of call from Customer. Customer shall permit only Contractor's personnel or manufacturer's agent to perform the warranty work unless expressly authorized herein. 9; If a warranty call is made at Customer's request and inspection indicates a condition, which is not covered under this Agreement (nuisance and/or negligence calls), Contractor may charge Customer at the hourly rate for such services. 1:{~s Customer shall make available to Contractor's personnel all pertinent Material Safety Data Sheets (MSDS) pursuant to OSHA's Hazard Communication Standard Regulations. Harris Mechanical Service, LLC -Proprietary 2 ~~ ~ i s r. ~}^}f' s ~. ~ Contractor's obligation under this contract does not include the identification, abatement or removal of any asbestos products or other hazardous substances. In the event such. products or substances are encountered, Contractor's sole obligation will be to notify the Customer of the existence of such products and materials. Contractor shall have the right thereafter to suspend its work until such products and materials and the resultant hazards are removed. The time far completion of the work shall be extended to the extent caused by the suspension and the contract price equitably adjusted. 12. Insurance Requirements. Harris Mechanical Service further agrees that it will at all times during the term of this Agreement keep in force the following insurance protection in the limits specified. 1) A single limit or combined limit or excess umbrella general liability insurance policy of an amount of not less than $500,000.00 per claim and $2,000,000.00 far any number of claims arising out of a single occurrence. The City will be named as an additional insured under the policy. 2} A single limit or combined limit or excess umbrella automobile liability insurance policy for all vehicles used regularly in the provision of services under this Agreement of an amount of not less than $2,000,000,00 per accident for property damage, $500,000.00 for bodily injury andlor damage to any one person, and $2,000,000.00 for total bodily injuries andlor damages arising - out of a single occurrence. 3} Any policy obtained and maintained under this clause chalk provide that it shall not be cancelled, materially changed, or not renewed without thirty day prior written notice thereof to the City. 4} Workers' Compensation Insurance as required by Minnesota State law. 5} Prior to the effective date of this Agreement, Harris Mechanical Service shall furnish the City with certificates of insurance. 13; Contractor agrees to indemnify Customer from and against any and all claims, losses, or liabilities for personal injuries or property damages, as well as costs and expenses incurred in the defense thereof, including attorney's fees, caused by Contractor's negligence in the performance of the Work under this Agreement. 14, Contractor expressly disclaims any and all responsibility and liability for the indoor air quality of the customer's facility, including without limitation injury or illness to occupants of the facility or third parties, arising out of or in connection with the Contractor's work under this agreement. Any liability for Indoor Air. Quality issues will be limited to systems installed under this contract. 15.; Contractor and customer expressly agree that Affachrnenf A, B, and C is adopted and incorporated into this agreement. If the customer chooses the utility bill guarantee option as stated in Attachment B, customer will be required to enter into the Ongoing Maintenance & Support Agreement as shown in Afachment D. fib. ,Payment and Performance Bonds:Harris Mechanical Service shall provide payment and performance bonds as required by Minnesota Statute Section 574.26. The penalty of each bond must not be less than the contract price. The required bonds. must be furnished to the City within fifteen (15} days of the effective date of this Agreement. 77. Compliance with Laws. Harris Mechanical Service will comply with all federal, state and municipal laws, codes, licensing, regulations and standards which may affect this Agreement and any work performed hereunder. 18. Prevailing Wage. Harris Mechanical will comply with the prevailing wage policy adapted by the City in respect. to all laborers, workers and mechanics employed. by Harris Mechanical or subcontractors for the construction of the improvements under this Agreement. Harris Mechanical Service, LLC -Proprietary U ~~ i',~~3~1~ ~ ~~ .rte r~ .~ _ Pr I D to Pro os I Number A reem nt Number Pa July 8; 2009 P9P00602A 1 of 3 Harris Mechanical Service, LLC City of Richfield 909 Montreal Circle 6700 Portland Avenue South St. Paul, MN 55102 BY and BETWEEN Richfield, MN 55423-2599 Hereinafter CONTRACTOR Hereinafter CUSTOMER PROJECT DESCRIPTION AND LOCATION Professional Services for energy efficiency improvements at Richfield Ice Arena, 636 East 66th Street, Richfield, MN 55423. Contractor will provide all professional services including design, engineering, procurement and installation of the infrastructure improvements indicated in Attachment A, Scope of Work, to deliver a complete installation. All work will be in accordance with the terms and conditions and payment schedule set forth on the following pages. The energy savings are outlined in Attachment B, Performance Standards & Energy Savings. Maintenance of the system is proposed as separate documents in Attachment D, Ongoing Maintenance 8~ Support. The financial analysis is detailed in Attachment C, Financial Analysis. The purchase price of the energy enhancement program will be $1,291,350. This includes utility incentive in the amount of $ 13,481. to be paid direct to customer upon completion of project. These are minimum committed amounts by the utilities. As detailed in Attachment B, this project will result in $ 115,562. energy and operational savings per year. The work performed under this AGREEMENT will be substantially complete and ready for Owner's beneficial use within 6 months of Customer's acceptance and Contractor's approval of this Agreement. This. proposal is proprietary property of Contractor and is provided for Customer's use only. Contractor guarantees the price stated in this Agreement for sixty (60) days from proposal date above. The proposal will become a binding Agreement only after acceptance by Customer and approval by an officer of Contractor as evidenced by their signatures below. This Agreement sets forth all the terms and conditions binding upon the parties hereto; arid no person has authority to make-any claim, representation,. promise or condition on behalf of Contractor which is not expressed herein. HARRIS MECHANICAL SERVICE, LLC CUSTOMER Keela Bakken -Sales Manager Date Bob Swanger -Vice President Date Mayor Debbie Goettel Date Steve Devich, City Manager Date ~~ x°' Terms and Conditions (a) The term "Contractor" shall mean and include Harris Mechanical Service, LLC, 909 Montreal Circle, St. Paul, MN 55102. (b) The term "Customer" shall mean the City of Richfield, 6700 Portland Avenue South, Richfield, MN 55423-2599. 1. In case of any failure to perform its material and workmanship warranty obligations under this Agreement, Contractor shall be liable for the reasonably foreseeable damages naturally resulting from its breach of contract as defined by Minnesota Law. Further, Contractor agrees to act on behalf of the Customer for purposes of enforcing such warranties, warranty, or guarantee on the part of Contractor with respect to equipment furnished by outside sources. 2. Contractor will warrant that the materials and workmanship provided by the contractor under this agreement will be free from defects for a period of 24 months after Customer's acceptance or beneficial use of the systems or any portion thereof, whichever is earlier, provided that the Contractor is given prompt written notice of the defect. 3. Customer shall permit Contractor free and timely access to areas and equipment, and allow Contractor to start and stop the equipment as necessary to perform required services. All planned work under this Agreement will be performed during the Contractor's normal working hours; except that no work will interfere with customer's instructional activities. 4. Contractor and Customer agree that all work required for the Project, including that of all other contractors and subcontractors for the Customer, if applicable, shall be performed in accordance with a mutually agreed upon precedent schedule of construction activities prepared in advance of their commencement. Contractor shall provide a detailed schedule of its activities; their relationship to other activities, and their access requirements and durations, and contractor agrees to perform such activities with as little disruption to customers normal operation as possible. The schedule shall be based upon commencement and completion dates stated in this Agreement. Contractor shall be entitled to an extension of contract time in the event the Work or any part thereof- is delayed by any cause beyond Contractor's reasonable control. Such causes include, but are not limited to, acts of God or public enemy: compliance with any order, decree, or request of any government authority; acts of declared or undeclared war; sabotage; fire; floods; adverse weather conditions; explosions; accidents; riots; strikes; labor disputes; inability to obtain necessary materials or equipment from normal sources of supply; or any other cause not within the reasonable control of the contractor. 5. Any alteration to, or deviation from, this Agreement involving extra work, cost of materials, or labor will become an extra charge (fixed price amount to be negotiated or on atime-and-material basis at Contractor's rates then in effect) over the sum stated in this agreement; and must be approved in advance and in writing by customer, and customer shall not incur any such extra charge as a result of any action or inaction by contractor. 6. Contractor will not be required to move, replace, or alter any part of the building structure in the performance of this Agreement. 7. This Agreement does not include responsibility for repair or replacement necessitated by causes beyond the control of Contractor, including but not limited to freezing weather, electric power failure, low voltage, burned-out main or branch fuses, low water pressure, vandalism, misuse or abuse of the system(s), requirements of governmental, regulatory or insurance agencies. 8. Contractor warrants that the parts and workmanship hereunder shall be free from defects for two years from date of installation. If any replacement part or item of equipment proves defective, Contractor will extend to Customer the benefits of any warranty Contractor has received from the manufacturer. Contractor agrees to respond to emergency breakdowns within 4 hours of call from Customer. Customer shall permit only Contractor's personnel or manufacturer's agent to perform the warranty work unless expressly authorized herein. 9. If a warranty call is made at Customer's request and inspection indicates a condition, which is not covered under this Agreement (nuisance and/or negligence calls), Contractor may charge Customer at the hourly rate for such services. 10. Customer shall make available to Contractor's personnel all pertinent Material Safety Data Sheets (MSDS) pursuant to OSHA's Hazard Communication Standard Regulations. Harris Mechanical Service, LLC -Proprietary ~/~ ~ W ~ ,~"~ nl~e5 ~o,~ ir~cl~de the identincation, abatemer„~t or reme~val of ar~y asbestos products or other hazardous substances. In the event such products or substances are encountered, Contractors sole obligation will be to notify the Customer of the existence of such products and materials. Contractor shall have the right thereafter to suspend its work until such products and materials-and the resultant hazards are removed. The time for completion of the work shall be extended to the extent caused by the suspension and the contract price equitably adjusted. 12. Insurance Requirements. Harris Mechanical Service further agrees that it will at all times during the term of this Agreement keep in force the following insurance protection in the limits specified. 1) A single limit or combined limit or excess umbrella general liability insurance policy of an amount of not less than $500,000.00 per claim and $2,000,000.00 for any number of claims arising out of a single occurrence. The City will be named as an additional insured under the policy. 2) A single limit or combined limit or excess umbrella automobile liability insurance policy for all vehicles used regularly in the_ provision of services under this Agreement of an amount of not less than $2,000,000.00 per accident for property damage, $500,000.00 for bodily injury and/or damage to any one person, and $2,000,000.00 for total bodily injuries and/or damages arising out of a single occunrence. 3) -Any policy obtained and maintained under this clause shall. provide that it shall not be cancelled, materially changed, or not renewed without thirty day prior written notice thereof to the City. 4) Workers' Compensation Insurance as required by Minnesota State law. 5) Prior to the effective date of this Agreement, Harris Mechanical Service shall furnish the City with certificates of insurance. 13. Contractor agrees to indemnify Customer from and against any and all claims, losses, or liabilities for personal injuries or property damages, as well as costs and expenses incurred in the defense thereof, including attorney's fees, caused by Contractor's negligence in the performance of the Work under this Agreement. 14. Contractor expressly disclaims any and all responsibility and liability for the indoor air quality of the customer's facility, including without limitation injury or illness to occupants of the facility or third parties, arising out of or in connection with the Contractor's work under this agreement. Any liability for Indoor Air Quality issues will be limited to systems installed under this contract. 15. Contractor and customer expressly agree that Attachment A, B, and C is adopted and incorporated into this agreement. If the customer chooses the utility bill guarantee .option as stated in Attachment B, customer will be required to enter into the Ongoing Maintenance & Support Agreement as shown in Attachment D. 16. Payment and Performance Bonds. Harris Mechanical Service shall provide payment and performance bonds as required by Minnesota Statute Section 574.26. The penalty of each bond must not be less than the contract price. The required bonds must be furnished to the City within fifteen (15) days of the effective date of this Agreement. 17. Compliance with Laws. Harris Mechanical Service will comply with all federal, state and municipal laws, codes, licensing, regulations and standards which may .affect this Agreement and any work performed hereunder. 18. Prevailing Wage. Harris Mechanical will comply with the prevailing wage policy adopted by the City in respect to all laborers, workers and mechanics employed by Hams Mechanical or subcontractors for the construction of the improvements under this Agreement. Harris Mechanical Service, LLC -Proprietary mo [' Attachment A -Scope of Work Professional Services includes the development and engineering associated with the installation of the following Energy Conservation Opportunities (ECOs): ECO#1 Refrigeration System In Rink #1, replace both compressors with smaller, more efficient compressors more suited for the load of a single sheet of ice. Provide premium efficient motors as part of the new compressor packages. Install (2) Vilter Model 446 Compressors rated at 61 tons/74.4 BHP at 1170 RPM with 100 HP high efficient motors having an efficiency of 95%. In Rink #2, replace both compressors with higher efficiency compressors. Provide premium efficient motors as part of the new compressor packages. Install (2) Vilter Model 446 Compressors rated at 61 tons/74.4 BHP at 1170 RPM with 100 HP high efficient motors having an efficiency of 95%. For both Rinks, furnish and install direct digital control system to provide staging and unloading control and monitoring of two compressors based upon discharge pressure, includes compressor current demand monitoring. Relocate the existing liquid trap to an elevation below the heat recovery condensing heat exchanger. A properly piped unit would allow for the collection and utilization of more waste heat, reduce the load on the evaporative condenser, improve system performance and allow for shorter pump runtime with additional pump controls. In Rinks #1 and #2, install one (1) variable frequency drive on the evaporative condenser fans to maintain a consistent compressor discharge head pressure. Modify sequence of operation to run the pump first and maintain a set head pressure using the Fan VFD. In Rink #2, provide direct digital controls that will sense compressor on/off status, sub-floor temp, snowmelt temp and sump temp. Operate sub-floor pump only if a compressor is on and demand is present. Operate snowmelt pump only if compressor is on and demand is present. Should sump sensor indicate heat recovery demand has been met and compressors are still operating, energize electric wide- open feature on discharge line to lower system discharge head pressure. This improvement will lower the heat load on the building by preventing excess heat gain by either the snowmelt or sub-floor systems. In addition, this control system will provide an opportunity to lower compressor discharge pressure when heat recovery is not necessary. Rink #1 Snow Melt System Modifications to include installation of a temperature sensor in the snowmelt pit to turn the recirculation pump off when the temperature is higher than 50°F. Insulate the existing heat exchanger and piping to prevent system heat loss and excessive heat transfer to the compressor room. These improvements will reduce pump runtime, cooling demand in the arena and heating system demand. ECO#2 Dehumidification /Environmental Controls This Energy Conservation Opportunity consists of the following integrated solutions: Harris Mechanical Service, LLC -Proprietary ~'I A. Rink #1 Heat Pump Waste Heat System for Hot Water Production includes installing a heat recovery system to utilize waste heat from Rink #1's refrigeration system. Install Plate Heat Exchanger in Rink #1 discharge compressor line. The plate and frame Heat Exchanger will be sized to provide capacity for the entire system discharge so that all hot gas will pass through it. Provide a recirculation loop between a storage tank and the Heat Exchanger. This immediate storage tank will serve as the source loop for the Heat Pump. Provide a second storage tank that will serve as the Heat Pumps discharge and distribution supply tank. The distribution system will utilize a pump operating on a VFD to maintain a loop supply pressure. As water flows across the system the VFD will speed up the pump to maintain the supply pressure. As flow is curbed, the VFD will slow down. The system will ,have controls and pumps installed as necessary to provide for the circulation and distribution. Provide a liquid trap at the Plate Heat Exchanger to return condensed refrigerant to the refrigeration systems low side. Rink #1 has the hot water main distribution supply & return lines hung in the arena. The supports for this 408' line are exposed metal brackets. The line is 125°F, the ambient is 55°F. There is 5' of exposed parts that transmit heat to the arena unnecessarily increasing load on the refrigeration system as well as the heating system. The line is otherwise insulated with 1" Armaflex. Harris to re-insulate the entire line with 1-1/2" thick fiberglass insulation as recommended by Minnesota Energy Code. B. Harris to replace 4.row, 12 fins /inch coil in south unit. C. Harris to repair East Unit and West Unit including: a. Replacing sheeves b. Clean dampers c. Clean grilles d. Re-insulate inside of unit D. Re-insulate exposed Hot Water Distribution Pipes with 1-1/2" thick fiberglass insulation as recommended by Minnesota Energy Code. E. Rink#2 Re-pipe Hot Gas Coil: Insulate the hot gas supply line to prevent the heat from escaping to the arena so that it may be utilized in a controlled release by the air-handling unit. Install a liquid drainer to return condensed liquid to the refrigeration system. F. Dehumidification Unit DU-1: This unit is designed to draw air from the outside (currently this is not feasible) or the rink space, and pass it through a heating coil to warm the air to 125° before entering the regeneration side of the desiccant wheel and being exhausted to outside air. The unit also draws air from the rink space, passes it through the desiccant wheel and then through a re-heat coil before being delivered to the space for either heating or dehumidification. This unit should be capable of maintaining space dew point of 45°. Currently the outside air damper linkage is disconnected and the unit is not bringing in any outside air. This damper needs to be repaired so that it is operational. The unit will be capable of operating in 100% enthalpy based economizer mode. The percent of OA for the space shall be based on a comparison between OA enthalpy and RA enthalpy. Variable frequency drives will also be installed on the 15 HP process fan and 10 HP regeneration fan. The variable frequency drives will be controlled to maintain space temperature, humidity and pressure. A CO2 sensor will be installed in the return air. The CO2 data will be used to control the outside air damper to maintain acceptable levels in the rink. Unit will also be provided with all Harris Mechanical Service, LLC -Proprietary 2 ~ -tv ~:~ ~:: ~. programming, controls, sensors, etc. to automate the unit and provide functional dehumidification of the space. G. Economizer Control for Rink 1 -Units ACU-1 and ACU-2 currently operates in tandem to condition rink 1. ACU-1/ACU-2 dehumidifies Rink 1 via DX coils located within the .units and condensing units located on the roof of the building. The efficiency of these DX units (compressor & fan) is 1.15 kW/ton. Space heating and reheat is achieved via a waste heat coil located within the units. Waste heat is captured from the ice making compressors for Rink 1. Additional waste heat, not used is rejected to the outdoors via an evaporative condenser located on the roof. The efficiency of the evaporative condenser is 0.22 KW/ton. Currently, ACU-1/ACU-2's OA dampers are manually fixed closed. Therefore, Rink 1 is not receiving any ventilation air through the units. From conversations with the building staff, the OA dampers have been closed for over ayear. -Despite, the OA damper being closed, measured C02 levels within Rink 1 are under the upper limit of 1,100 ppm. For hot and humid days, operating the unit with 0% OA is ideal from an energy standpoint. However, during cold and dry days, not having the benefit of operating in economizer mode is contributing to the building energy consumption. Since, the heating for the space is free and the dehumidification consumes energy that must be paid for, the economizer could be used to bring in dry outdoor air to dehumidify and utilize the free waste heat to reheat to maintain space comfort. Harris to provide units ACU-1/ACU-2 with the controls necessary to operate in economizer mode. This will result in savings during cold and dry days. Since the space is under the C02 limit at 0% OA, we will set the minimum OA position at 0%. So during hot and humid days, the space will see the same level of energy consumption as it currently does. A C02 sensor will be installed in the return air duct of ACU-1 to allow for control of outside air damper to maintain C02 levels below 1,100 ppm. H. Rink 1 -Occupancy Sensor Control for Team Locker Room Unit -Currently, the unit (AHU-2) serving the Rink 1 locker rooms runs 24 hours a day, 7 days a week. From discussions with the arena staff, Rink 2 is open for use between the .hours of 2:00 PM -11:00 PM Monday through Friday and 6:00 AM -11:00 PM Saturday and Sunday.. This equates to 4,628 hours per year. This unit provides ventilation and controls temperature in the Arena 1 locker rooms. This unit will be tied into the lighting in the locker room. The lights will be controlled via an occupancy.sensor. When the lights are on, the unit will operate in occupied mode and when the lights are off, the unit will operate in unoccupied mode. During occupied periods, the fan must operate at a minimum level to provide ventilation for the locker rooms; during unoccupied periods, the fan should be off unless a call for heating is required. The unit will operate one (1) hour after the lights are turned off to flush the space and to avoid cycling on and off. Rink 2 -Occupancy Sensor Control for Team Locker Room Unit -Currently, the unit (AHU-1) serving the Rink 2 locker rooms runs 24 hours a day, 7 days a week; as does the associated exhaust fan EF-2. From discussions with the arena staff, Rink 2 is open for use between the hours of 2:00 PM - 11:00 PM Monday through Friday and 6:00 AM - 11:00 PM Saturday and Sunday. This equates to 4,628 hours per year. This unit provides ventilation and controls temperature in the Rink 2 locker rooms. This unit will be integrated into the lighting in the locker rooms, the lights will be controlled via an occupancy sensor. When lights are on, the unit will operate in occupied mode and when the lights are off, the unit will operate in unoccupied mode. During occupied periods, the fan must operate at a minimum level to provide ventilation for the locker rooms; during unoccupied periods, the fan should be off unless a call for heating is required. The locker rooms are interlocked with Exhaust Fan F-2. The unit will operate one (1) hour after the lights are turned off to flush the space and to avoid cycling on and off. Harris Mechanical Service, LLC -Proprietary ~-ll ECO#3 Low Emissivity Ceilings Install low a ceilings in Rinks 1 & 2 to reduce the load on the compressor system. The low-e fabric is a polished aluminum material installed just below the roof decking to eliminate the radiant path between the ceiling and the ice. The low a ceilings will reduce the radiant heat loads on the ice, which will require the compressors to remove less heat from the ice. The Rink 1 existing ceiling is wood, with an emissivity of .90-.95. The new low a ceiling will be installed between the rafters, and above the sprinkler lines. It will extend to within 8-12" of the exterior walls, allowing for air movement above the new ceiling. The ceiling fans will be removed during this installation. The Rink 2 existing ceiling is metal, with an emissivity of .90. The new low a ceiling will be installed above the low point of the trusses. Light fixtures and sprinklers will remain in place. The ceiling will extend to within 8-12" of the walls on the East, South and West walls. On the North end, the ceiling will end where the mezzanine level begins. The installation of low a ceilings in both rinks will greatly reduce the amount of heat emitted- onto the ice surface. The temperature will increase between the current ceiling and the new low a ceiling. This will reduce the ability for moisture to condense on the current ceiling, preserving the existing ceilings. ECO#4 Vending Machines Harris will connect five (5) refrigerated beverage and two (2) snack vending machines to motion sensors to turn off vending machine lights during unoccupied times. A total of four (4) motiori sensors will be installed with adjacent machines utilizing one common sensor ECO#5 Water Conservation Harris will modify twenty-five (25) toilets, sixteen (16) urinals, fifteen (15) faucets and one (1) shower head to utilize required water to maintain functionality while reducing water waste. Each toilet and urinal will be evaluated individually to determine the required amount of water use. The fixtures flushing mechanisms will then be modified to utilize only the required amount of water with every flush. This work will result in the saving of over 256,000 gallons of annual water use. ECO#6 Rink 1 Lighting Upgrades Currently, Rink 1 has twenty-one (21) star shaped fluorescent light fixtures. The lighting levels were recorded in the mid to upper 20 footcandles range at various locations. Harris to install twenty-one (21) 2x4 10 lamp T5 fixtures with wire guards. Disposal and recycling of existing fixtures is included. ECO#7 Building /Envelope Improvements A. Replace existing doors between Rink 1 arena and lobby with new hollow metal doors, doors to include window for viewing purposes. Dispose of existing doors. B. Exterior Door Upgrades to include the following improvements: 1. Main entrance a. Outside doors, typical of 2 i. Add stop to west door (typical of 1) ii. Tune doors to improve seal Harris Mechanical Service, LLC -Proprietary -~~ ~3~ _ w _ .. iii. Install sweeps on exterior Inside Doors, typical of 2 i. Add sweeps to exterior ii. Add screw-on type weather strip on inside edge only 2. Rink 1 a. Southeast Emergency Exit ,typical of 2 i. Install new hinges and make necessary adjustments to allow complete closure ii. Install new sweeps on the exterior iii. Install new weather stripping to perimeter b. Southwest exit, typical of 1 i. Install heavy duty closer on southernmost door ii. Install new sweep on exterior of southernmost door c. Exit to locker RTU, typical of 1 i. Replace weather strip around perimeter d. Northwest emergency exit, typical of 2 i. Replace existing with new doors and frames, heavy duty closers, new panic bars ii. Install new threshold, new sweeps iii. Install new weather stripping around entire perimeter iv. Prime and paint new doors and frames e. Northeast emergency exit, typical of 2 i. Install new panic bars ,closers, sweeps ii. Replace weather stripping iii. Prep door for new cylinder. City to install new cylinder to allow for consistency in keying C. Zamboni Door Replacement -Replace existing Zamboni door with new door and frame with swinging doors, includes installation of new threshold and weather stripping around the perimeter. Door to be primed and painted with new sweeps. D.. Bathroom Partitions -Replace existing partitions in Rink 1 men's and women's restrooms with maintenance free partitions. Each restroom currently has 6 toilets. To achieve ADA compliancy, the last 2 stalls in each restroom will be combined with one toilet removed. Harris will remove the two (2) toilets, the City will be responsible for floor /wall patching. SCOPE OF WORK GENERAL COMMENTS 2. 3. 4 6 7 8. 9. i This project does not include upgrades to the life safety system and assume the system is in good working condition. The solution includes allowance of $7,500 for permit fees. The customer will be responsible for provi~iinq parking for Harris Compani?s and all subcontractors throughout the duration of the project. The customer will be responsible in providing a lay down area for mo±crials and equipment throughout duration of project. Harris will be responsible for submittal of all utility applications upon completion of this project, all rebate payments will be made direct to the customer. As -built documentation will be provided to the customer upon completion of the project. Final project schedules will be prepared upon signature of this contract, this schedule will include regular project meetings onsite to facilitate communication with the customer throughout the project. Customer is responsible for all utilities during the construction phase. The solution includes allowance for code required items to be identified during city inspection. Harris Mechanical Service, LLC -Proprietary '~ }' Attachment B -Performance Standards & Energy Savings Performance and Savings Guarantee Conditions 1. Contractor will repair or replace, at Contractors option, any of the components or systems that fail to meet or exceed the Performance Standards set forth in Attachment "B" pursuant to the Performance Calculations stated previously in this Attachment. Contractor's liability under this Agreement is limited. to the fair market value of the component(s) or system(s) not meeting performance or cost savings. 2. The term "Annual Savings Period" means the consecutive twelve (12) month period beginning with the first day of the first calendar month beginning after the Acceptance Date of the final portion of the Work. 3. The Energy Savings will be calculated using standard computerized energy savings auditing procedures, as described herein, which compare the Customer's energy consumption during the prior 12 months before project implementation takes place with that of the consumption after the project is complete. Contractor shall notify the Customer annually of the Calculated Savings for the entire program from the Effective Date. 4. If the Calculated Savings for any Annual Savings Period is less than the Guaranteed Savings for such Annual Savings Period, Contractor will pay the Customer an amount equal to the excess of such Guaranteed Savings over the Calculated Savings, not to exceed the yearly cost of .the program. 5. The savings guarantee will be reconciled on a quarterly basis in year 1 of contract and annual thereafter. Published degree days will be used in auditing process to allow for differences of .weather between baseline year and each year of savings guarantee. Increase in utility rates will be adjusted with audits. 6. Contractor shall have the right to terminate this Cost Savings Guarantee if the Facility or the Equipment is condemned or destroyed, in whole or in part, and not promptly repaired or replaced in full. Upon such a termination of this Savings Guarantee, all obligations of Contractor and the Customer (other than the obligation to make payments already due and payable under this Cost Savings Guarantee) will immediately cease. 7. Customer agrees to forward all applicable utility bills to Contractor on a monthly basis and within thirty (30) days of bill date. Failure to provide this information in a timely manner will void the savings guarantee. 8. The Customer will operate the Equipment in accordance with good commercial practices and the operating schedules, strategies and conditions consistent with Baseline Conditions. 9. The Customer will inform in writing, the Contractor of any alterations, additions, or improvements made to the facilities that would effect utility bill consumption for needed adjustments of base line. 10. Contractor will guarantee that this Project will perform to the standards outlined in the Performance Standards established in Attachment "B". -i`~ 11. Savings and rebates during installation period go towards first year savings. 12. Base Period is defined as the set of conditions that determined utility consumption at the customer's facility 12 months budget (January 1, 2008 -December 31, 2008) prior to the program implementation. The guaranteed mechanical energy savings are based on consistent utility consumption patterns in the future as compared to the base period conditions, with adjustments made for non-performing devices made operational as per code requirements. 13. The savings are based on the current occupancy and operating schedules, as they are at the time this contract is executed. New facility process loads, heating loads, air conditioning loads and major increases in the facility use will result in baseline adjustments to account for these changes. 14. Energy guarantees are based on energy consumption savings only. Energy unit costs as shown in calculations are for the use of estimating utility cost savings. 15. The Measurement and Verification Protocol used for the energy savings guarantee will be a combination of Utility Bill Guarantee and Stipulated Guarantee, the Utility Bill Guarantee is only available if the City enters into Ongoing Maintenance & Support as outlined in Attachment D. The Measurement and Verification Protocol used for the operational and cost avoidance savings guarantee will be a Stipulated Guarantee. Contractor will furnish a Performance Bond to guarantee the savings outlined herein. Harris Mechanical Service, LLC -Proprietary _ 2 s~~r~ Present Utility Conditions 5/15(2008 6/16/2008 7!1612008 8/14/2008 9/16/2008 10/15/2008 11/13!2008 12/17/2008 1!19/2009 2117/2009 3/18/2009 4!17!2009 Electric - kW May Jun Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr On Peak 6 6 0 7 1 0 14 4 14 10 5 29 Off Peak 314 327 330 351 314 314 315 292 282 294 297 292 otal 320 333 330 358 315 314 329 296 296 304 302 321 Electric -kWh On Peak 50,728 55,893 58,445 58,555 49,910 56,070 54,534 55,414 51,176 52,825 49,591 50,741 Off Peak 88,475 107,476 96,195 94,220 91,869. 93,941 94,433 105,407 103,193 89,277 57,073 92,332 otal 139,203 163,369 154,640 152,775 141,779 150,011 148,967 160,821 154,369 142,102 136,664 143,073 Electric - $ Electric Usage $2,979 $3,454 $3,333 $3,302 $ 3,014 $ 326 $ 3,190 $ 3,405 $ 3,245 $ 3,053 $ 2,922 $ 3,045 Electric Demand $2,016 $2,501 $2,927 $3,037 $ 2,857 $ 2,414 $ 2,039 $ 1,912 $ 1,889 $ 1,934 $ 1,937 $ 1,967 Electric Total $9,635 $12,100 $12,784 $12,842 $ 10,989 $ 10,059 $ 10;001 $ 10,705 $ 10,109 $ 9,870 $ 9,973 $ 9,955 Gas -Therms/CCF ccount # 5680006 5,215 3,915 3,553 3,266 2,676 3,525 4,821 5,988 8,000 9,182 6,986 6,315 ccount# 5680067 639 496 520 486 291 531 537 881 804 912 833 623 otal 5,854 4,411 4,073 3,752 2,967 4,056 5,358 6,869 8,804 10,094 7,819 6,938 Gas-$ ccount # 5680006 $5,615 $4,780 $4,462 $4,617 $ 2,714 $ 3,208 $ 3,668 $ 4,828 $ 7,066 $ 8,058 $ 5,369 $ 4,455 ccount# 5680067 $802 $694 $771 $724 $ 361 $ 563 $ 515 $ 876 $ 842 $ 916 $ 744 $ 523 otal $6,417 $5,474 $5,233 $5,341 $ 3,075 $ 3,771 $ 4,183 $ 5,704 $ 7,909 $ 8,974 $ 6,113 $ 4,978 Notes: 1 • Total Energy Costs include all other charges, ECA/FCA, taxes and fees in addition to energy consumption and demand charges 2. Energy rate structures subject to change as a result of energy improvements and reallocation of energy consumption Table 1.1 -Richfield Ice Arena Existing Utility Information (May 2008 -April 2009) Harris Mechanical Service, LLC -Proprietary 3 ~~~~ '.i~. i'' 1 ~Yi:u ; ~ k Ty.~i...~...+.._... .. .. ~ m 9/14/2007 10/16/2007 11/13!2007 12/14/2007 1/17/2008 2/15/2008 3/17/2008 4/16/2008 Electric - kW Sept Oct Nov Dec Jan Feb Mar Apr On Peak 0 0 1 0 4 15 11 0 Off Peak 309 321 306 307 300 290 295 307 Total 309 321 307 307 304 305 306 307 Electric -kWh On Peak 41,221 51,116 47,942 52,725 53,849 50,805 48,129 47,938 Off Peak 69,560 98,245 82,861 89,081 101,315 85,274 92,529 85,173 Total 110, 781 149, 361 130, 803 141,806 155,164 136,079 140,658 133,111 Electric - $ Electric Usage $2,380 $3,159 $2,802 $3,046 $3,289 $2,926 $2,974 $2,842 Electric Demand ~ $3,289 $2,697 $1,986 $1,989 $1,948 $1,927 $1,941 $1,971 Electric Total $9,567 $10,039 $8,314 _ $9,407 $10,756 $9,689 $9,526 $8,959 Gas -Therms/CCF Account # 5680006 4,264 3,464 4,563 6,039 7,347 8,615 , 7,926 6,540 Account # 5680067 326 375 578 841 825 815 830 513 Total 4,590 3,839 5,141 6,880 8,172 9,430 8,756 7,053 Gas-$ Account # 5680006 $3,124. $2,434 $3,592 $5,594 $7,302 $8,169 $8,077 $7,077 Account# 5680067 $328 $364 $587 $924 $935 $916 $1,003 $656 Total $3,452 $2,798 $4,179 $6,518 $8,237 $9,085 $9,080 $7,733 Notes: 1. Total Energy Costs include all other charges, ECA/FCA, taxes and fees in addition to energy consumption and demand charges 2. Energy rate structures subject to change as a result of energy improvements and reallocation of ene consum tion Table 1.2 -Richfield Ice Arena Existing Utility Information (September 2007 - Apri12008) Harris Mechanical Service, LLC -Proprietary 4 12,000 ~ 10,000 m r ~ 8,000 c 0 6,000 a c 4,000 v N ~ 2,000 0 May Jun Jul Aug Sep Oct Nov Dec Jan Feb Mara Apr. Month Figure 2.1 -Richfield Ice Arena Existing Natural Gas Consumption (May 2008 -April 2009) 10,000 f1! ~ 8,000 N s H c 6,000 a E H 4,000 c 0 U ~ 2,000 0 Sept Oct Nov Dec Jan Feb Mar Apr Month Figure 2.2 -Richfield Ice Arena Existing Natural Gas Consumption (September 2007 -April 2008) Harris Mechanical Service, LLC -Proprietary 5 _ 1~^~r fd '~~ :t ~C Electricity: Electricity use is measured in terms of demand rate (kW) and consumption (kWh). Electricity demand peaked in both the summer months and winter months. During the summer months, the ice plant works harder to offset heat gains to the facility. During the winter months, the facility is used more frequently. The electrical consumption follows the demand fairly closely. The total cost for electrical services for the most recent 12 months of billing was $129,022. 170,000 s ~ 160,000 c 0 a 150,000 E N 0 140,000 V •L ~ 130,000 d w 120,000 May Jun Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr Month Figure 3.1 -Richfield Ice Arena Existing Electricity Consumption (May 2008 -April 2009) 160,000 ~ 150,000 c 140,000 w a ~ 130,000 h C O ~ 120,000 .` w d 110,000 w 100,000 Sept Oct Nov Dec Jan Feb Mar Apr Month Figure 3.2 -Richfield Ice Arena Existing Electricity Consumption (September 2007 -April 2008) Harris Mechanical Service, LLC -Proprietary 6 ~. r,. 380 ~ 360 Y ~ 340 E m ~ 320 .` ... d w 300 280 Figure 3.3 - Richfield Ice Arena Existing Electricity Demand (May 2008 -April 2009) 380 360 Y c 340 R E d ~ 320 ~L V d w 300 280 Sept Oct Nov Dec Jan Feb Mar Apr Month May Jun Jui Aug Sep Oct Nov Dec Jan Feb Mar Apr Month s~- i~ Figure 3.4 - Richfield Ice Arena Existing Electricity Demand (September 2007 -April 2008) Harris Mechanical Service, LLC -Proprietary 7 ~,?c~ .. Present Building Operational Conditions The following table represents the current operating parameters. If these parameters change, they will be used to adjust annual savings amounts in the normalizing software described above. If any of the following parameters change significantly, it will impact energy usage and will be reflected in the annual savings report. Operational Parameter Rink 1 Rink 2 Rented hours 2470 2497 Ice out date 8/4/10 8/16/09 Ice in date 9/21/10 9/16/09 Ice temperature 20 20 Suppl Glycol temp 12 12 Resurface water temp 145 130 Resurfacer t pe Electric Electric Space Temp setpoint 50 50 Space Humidity setpoint n/a 49 Table 4.1 -Richfield Ice Arena Existing Operational Assumptions Ice Rental Hours Month Rink 1 Rink 2 January 267 300 February 229 254 March 231 244 April 179 197 May 179 177 June 137 177 July 166 181 Au ust 158 48 September 157 96 October 263 271 November 247 267 December 257 285 Total 2470 2497 Table 4.2 -Richfield Ice Arena -Ice Rental Hours for 2008-2009 Harris Mechanical Service, LLC -Proprietary ~~ 181i~~~ ~ "d~~ ~ ~~ t~ Uses of Hot Water Item Location HU-2 Rink 1, West Team Room CU-3 South Unit Rink 1, South Mechanical Room CU-4 Roof of Lobb HU-1 R1 underfloor Rink 1, South Mechanical Room DU-1 Rink 2 Mezzanine DU-1 Re en Rink 2 Mezzanine HU-1 Rink 2 Mezzanine Unit Heater #1 Unit Heater #2 Rink 1 Com ressor Rm Unit Heater #3 Rink 1 Snow Pit FTR Room 121 FTR Room 122 FTR Room 120 FTR d~acent to Room 120 FTR Room 118 FTR Room 116 UH-1 Room 102 UH-2 Room 103 FTR Room 101 Snow Melt Pit Rink 1 Rink 1 Rink 1 Water Heater Rink 1 Mechanical Room Rink 2 water heater 1 Rink 2 Mezzanine Rink 2 water heater 2 Rink 2 Mezzanine Table 4.3 -Richfield Ice Arena Uses of Hot Water from Central System Uses of Waste Heat Item Location CU-1 est Mech -Rink 1 CU-2 East Mech -Rink 2 Rink 2 Snow Melt Pit Rink 2 HU-1 Rink 2 Mezzanine Table 4.4 Richfield Ice Arena Uses of Waste Heat from Compressors 5~~+ Harris Mechanical Service, LLC -Proprietary 9 v--- ~_ .Equipment Notes Compressors Replaced with new compressors To be replaced with new smaller Boiler boilers to supplement Heat Pump s stem Water Heaters To be used as hot water storage tanks Table 4.5 -Richfield Ice Arena Eliminated Equipment Domestic Water Utilization Occupancy Percent Who Use Fixt ures Occupant Type Occupants per Da Hours Per Da on Site Days per Year Toilets Urinals Sinks Showers Notes Male F.T. Staff 4 35 362 100% 100% 100% Female F.T. Staff 1 32 362 100% 0% 100% Male P.T. Staff 10 16 365 100% 100% 100% Female P.T. Staff 6 7 362 100% 0% 100% Male Ice Rink Participants 150 8 362 50% 50% 50% 50% Female Ice Rink Participants 50 4 362 50% 0% 50% 50% Male Ice Rink Spectators 75 8 362 50% 50% 50% Female Ice Rink Spectators 75 8 362 50% 0% 50% Male Event Visitor -Short Stay 20 3 130 50% 50% 50% Female Event Visitor -Short Stay 20 3 130 50% 0% 50% Male Event Visitor -Medium Stay 10 5 130 50% 50% 50% Female Event Visitor -Medium Stay 10 5 130 50% 0% 50% Male Event Visitor -Short Stay Female Event Visitor -Short Stay Visitors -Tertiary Table 4.6 -Richfield Arena Domestic Water Utilization Harris Mechanical Service, LLC -Proprietary 10 P; - r re , ~' ~~ ' ~' Measurement & Verification Contractor will reconcile stipulated guarantee with actual utility bills and weather normalizing software (Metrix 4.0) on an annual basis, beginning sixty (60) days after start-up as the beginning of the annual performance period. This is estimated to be from January 1 to December 31 as the annual performance period. Within sixty (60) days of the end of the performance period annually, Contractor will present a report to Customer stating actual savings (or shortfall) amounts. Contractor will require open access to installed systems to allow for monitoring capabilities via the Internet. Contractor also requires Customer to receive Contractor approval prior making any repairs, alterations or modifications to mechanical systems or temperature control systems which approval shall not be unreasonably withheld. Customer must provide Contractor with copies of all electric and gas utility bills within (30) days of receipt of the utility bill for the Richfield Ice Arena to allow for monthly monitoring of energy savings. On a monthly basis, Customer must provide to Contractor updated information on the arena operating parameters. If any energy consuming equipment is installed in the arena, Contractor must be notified and will be allowed to adjust the guaranteed savings amount downward to reflect these changes. The cost associated with performing the measurement and verification work on an annual basis as stated in this document is expected to escalate at a rate not to exceed 3% annually. This cost is the sole responsibility of the Customer for as long as the Performance Bond is in place. Remedy Contractor will provide a performance bond to be included with the energy savings guarantee in order to comply with MN Statute 471.345, Subdivision 13, and section c. The energy savings will be guaranteed as identified in this document, and verified per the Measurement & Verification section of this document. For the purpose of this section, "net savings" will be the combined savings (or shortfalls) of electric, gas, water, operational, and cost avoidance. The net savings will be reconciled on an annual basis, and any shortfalls will be addressed annually. If on an annual basis,' per the reporting mechanism identified in the Measurement & Verification section above, savings do not meet or exceed the guarantee, Contractor will have the option to remedy the shortfall in one of two ways. A plan will be presented to the City within sixty (60) days of the end of the guarantee period. 1. Provide payment to the Customer in the amount equal to the net difference in kWh and therms multiplied by the cost per kWh or therm during the performance period. 2. Present a plan to the City within sixty (60) days of the end of the guarantee period to implement additional energy savings measures to makeup for any shortfalls. Contractor would pay for any projects implemented. The Performance bond can only be "called" if Contractor is 60 days past due on shortfall payment. All savings calculated as identified in the provisions of this agreement are cumulative and may be applied to offset savings shortfalls in future years for the duration of the guarantee. The city will not be required under any circumstance to issue payment to Harris Companies if savings amounts exceed projections. Harris Mechanical Service, LLC -Proprietary 11 ~~a~ Energy Conservation Opportunities Calculations and Estimates As detailed below, Calculations and Estimates, along with comparative benchmarking, were performed to calculate the future operating condition of the Richfield Ice Arena the implementation of the energy efficient measures. ECO#1 Refrigeration System Calculated Energy Savings: $23,970 Guaranteed Energy Savings: $21,572 Rink 1 Compressor Chan a Out Existin -York Pro osed -Vilter Laad tons 69.2 tons Load tons 69.2 tons nnual Run Time 8723 hours nnual Run Time 8723 hours BHP/Ton 1.345 BHP/Ton 1.22 Efficienc 91 % Efficienc 95% Consum tion 665,567 kWhr Consum tion 578,292 kWhr Peak 76.3 kW Peak 66.3 kW Savin s Savin s Consum tion 0 kWhr Consum tion 87,275 kWhr Peak 0 kW Peak 10.0 kW Ener Cost Ener Cost Unit Cost $ 0.0721 $/kWhr Unit Cost $ 0.0721 $/kWhr otal Cost $ 48,019 otal Cost $ 41,722 Ener Cost Savings $ 6,297 Rink 2 Compressor Chan a Out Existin - YorK Pro osed -Vilter Load tons 54.8 tons Load tons 54.8 tons nnual Run Time 4051 hours nnual Run Time 4051 hours BHP/Ton 1.348 BHP/Ton 1.22 Efficienc 91 % Efficienc 95% Consum tion 245,318 kWhr Consum tion 212,676 kWhr Peak 60.6 kW Peak 52.5 kW avin s Savin s Consum tion 0 kWhr Consum tion 32,643 kWhr Peak 0 kW Peak 8.1 kW Ener Cost Ener Cost Unit Cost $ 0.0721 $/kWhr Unit Cost $ 0.0721 $/kWhr otal Cost $ 17,699 otal Cost $ 15,344 Energ Cost Savin s $ 2,355 Harris Mechanical Service, LLC -Proprietary 12 ~' ~'~ Relocate Existin li uid tra to an elevation below the heat recove condensin heat exchan er 55 m of 40% Eth lene I col = 28822 Ib/hr S ecific Heat of 40% Eth len I col = 0.831 Btu/lb °F nnual Com ressor Runtime = 4051 hours Condenser Motor Efficienc = 89.70% Im roved Heat Recove Ca aci = 172.4 MBH 9.2 - 2 °F x 28,822 Lb/hr x 0.831 Btu/Ib-°F otal Heat Recove Ca acit = 220.3 MBH .2°F x 28,822 Lb/hr x 0.831 Btu/Ib-°F Savin s otal Heat Re'ection for 1 Com ressor 845 MBH Eva orative Condenser Load Reduction 20% 172.4 MBH / 845 MBH Ratio of 1 Com ressor to Total Eva Load 70.70% Eva orative Condenser Runtime - 2,836 Hrs / r 4,051 hrs. x 707% Eva orative Condenser Bh 16 Bh nnual Savin s 7,547 kWhr 16 Bh x 0.746 kW/Bh x 100/89.7 x 2,836 hrs Ener Cost 0.0721 $%kWhr Ener y Cost Savin s $ 544 Ins tall VFD on Rink 1 Evaporative Condenser nnual Compressor Run Time 8,723 hrs nnual Condenser Run Time 5,378 hrs Condenser Efficiency 89.7% Compressor Efficiency 91.0% Current Condenser Consumption 80,508 kWhr (18' bhp x 0.746 kW/bhp x (100/89.7) x 5,387 hrs) Condenser Consumption with VFD 47,266 kWhr (3 bhp + (1,074/1,712)3 x 15 bhp) x 0.746 kW/bhp x (100/89.7) x 8,723 hrs Reduced Compressor Consumption 22,168 kWhr (96.2 - 93.1) bhp x 0.746 kW/bhp x (100/91) x 8,723 hrs otal Consumption Savings 55,410 kWhr (80,508 - 47,266) + 22,168 Energy Cost 0.0721 $/kWhr otal Energy Cost Savings $ 3,995 Existing Electrical Peak 103.5 kW 108 bhp x 0.746 kW/bhp x (100/91) + 18 bhp x 0.746 kW/bhp x (100/89.7) New Electrical Peak 81.7 kW 93.1 'bhp x 0.346 kW/bhp x (100/91) + (3 bhp + (1,074/1,742) x 15 bhp) x 0.746 kW/bhp x (100/89.7) otal Peak Electrical Savings 21.8 kW Harris Mechanical Service, LLC -Proprietary 13 V / V Install VFD on Rink 2 Evaporative Condenser nnual Compressor Run Time 4,051 hrs nnual Condenser Run Time 2,865 hrs 845/1,195 x 4,051 hrs Condenser Efficiency 89.7% Compressor Efficiency 91.0% Current Condenser Consumption 38,123 kWhr (16 bhp x 0.746 kW/bhp x (100/89.7) x 2,865 hrs) Condenser Consumption with VFD 21,237 kWhr (1 bhp + (845/1,195)3 x 15 bhp) x 0.746 kW/bhp x (100/89.7) x 4,051 hrs Reduced Compressor Consumption 8,967 kWhr (76.5 - 73.8) bhp x 0.746 kW/bhp x (100/91) x 4,051 hrs otal Consumption Savings 25,853 kWhr (38,123 - 21,137) + 8,967 Energy Cost 0.0721 $/kWhr otal Energy Cost Savings $ 1,864 Existing Electrical Peak 77.8 kW 78.7 bhp x 0.746 kW/bhp x (100/91) + 16 bhp x 0.746 kW/bhp x (100189.7) New Electrical Peak 65.7 kW 73.8 bhp x 0.746 kW/bhp x (100/91) + (1 bhp + (845/1,195) x 15 bhp) x 0.746 kW/bhp x (100/89.7) Total Peak Electrical Savings 12.1 kW Heat Recovery Control - Rink 2 Maximum Pump Run Time 4,051 hrs Pump Power 4 hp Consumption Savings 16245 kWhr hp x 0.746 kW/hp x (100/86.5} (8.760 - 4,051) hrs Energy Cost 0.0721 $/kWhr Energy Cost Savings $ 1,171 Harris Mechanical Service, LLC -.Proprietary 14 ~,~ ~ ____ ~; .~ ECO 8 -Rink 1 snow melts stem modifications Ener re uired to melt a load of snow 459.3 MBH /load vera a snow loads er week 75 loads /week Ener Re uired er week 34,448 MBH /week Flowrate of 40% Eth lene GI col 55 m em erature difference enterin & leavin it 40 °F Current Energy Delivered (under these conditions 958,000 btu Re uired um hours of operation 36 hrs /week Pum run hours saved 132 hrs /week Pum run hours saved 6,866 hrs / r Ener Savin s 5,922 kWhr 1 hp x 0.746 kW/hp x (100/86.5) x 6,864 hrs Excess heatin due to excess um run time 52,003 Btu/hr 62.4 Ibs/ft3 x 87.9 ft3 x 0.998 Btu/Ib-°F x 121.3 -118.8 °F/hr nnueal excess heatin 357,062,912 Btu/ r Boiler Efficienc 87% In ut fuel for boiler 410,417,140 Btu Input fuel for boiler 4,104 therms Excess refri eration re uired 4.33 tons 356,949 Mbtu / 12,000 btu/hr / 6,864 hrs / r Com ressor York G123S Efficienc 1.345 bh /ton Motor Efficienc 91 Eva orative Condenser Efficienc 89.7% Ca acit 1,742 MBH Compressor operation savin s 32,771 kWhr .33 tons x 1.345 bhp/ton x 0.746 kW/bhp 100/91 x 6,864 hrs Eva orative Condenser heat re'ection 66.8 MBH .33 tons x 12 + 1.345 x 2.545 x 4.33 Run time to re'ect added load 263 hrs 66.8/1,742 x 6,864 Ener savin s 3,937 kWhr 18 bhp x 0.746 kW/bhp x (100/89.7) x 263 hrs 12" x 5' bare HX heat loss 3,290,000 Btu/ft/ r HX loss after insulation is added 296,300 Btu/ft/ r 2.5" x 28' bare i e heat loss 846,900 Btu/ft/ r Pi a heat loss after insulation is added 86,070 Btu/ft/ r otal heat loss savin s 36,271,740 Btu/ r 5 x (3,290,000 - 296,300) + 28 x (846,900 - 86,070 Boiler efficient 87% In ut fuel savin s 417 therms otal Gas Savin s 4,521 therms Gas Ener Cost 1.033 $/therm otal Gas Cost Savin s $ 4,670 otal Electrical Savin s 42,630 kWhr 'Electrical Ener Cost 0.0721 $/kWhr Total Electrical Cost Savin s $ 3,074 Total Savings $ 7,744 Harris Mechanical Service, LLC -Proprietary 15 ,k. ~i' ~~' ECO#2 Dehumidification & Environmental Controls Calculated Energy Savings: $55,429 Guaranteed Energy Savings: $49,886 Heat Recovery Heat Pump Energy Savings Summary HP Existin Cent. Plant Elec (kWhr) 225,913 13,714 Pumping Elec (kWhr) 3,217 - otal Elec (kWhr) 229,129 13,714 Savin s kWhr, % 215,416 -1571 Cent. Plant Elec (kW) 60 - Pumping Elec (kW) 22 3 otal Elec (kW) 82 3 Savin s kW, % 79 -2720% Central Plant NB (MMBtu) 652 5,922. Savin s MMBtu, % 5,270 89% Ener Cost Savings Summa Electrical kWhr $/kWhr (blend) Savings (215,416) $ 0.072 $ (15,531) Gas MMBtu $/MMBtu Savings 5,270 $ 10.33 $ 54,444 otal Savin $ 38,912 ~f'~.~ ~ Harris Mechanical Service, LLC -Proprietary 16 ~; ~m ~ ~ s ~~ ~~ __ ~ ~ ~' x by ,< ' ~~~~ Re-insulate Hot Water D istribution Pipin Distribution i e len th 408 feet 4" i e heat loss 1,340,000 btu/ft/ r Heat loss with current insulation 238,700 btu/ft/ r 1" amraflex Pro osed heat loss with new insulation 138,000 btu/ft/ r 1.5" fiber lass Reinsulatin heat loss savin s 41,085;600 Insulatin 5' bare i e savin s 6,010,000 otal Heat Loss Savin s 47,095,600 Boiler Efficienc 87% Fuellnput 541 therms Com ressor York G123S Efficienc 1.345 bh /ton Motor Efficienc 91 Eva orative Condenser Efficienc 89.7% Ca acit 1,742 MBH Compressor operation savin s 4,327 kWhr 7,096 MBtu / 12 MBH / 8,760 hrs x 1.345 bhp/ton x 0.746 kW/bhp x (100/91 x 8,760 hrs Eva orative Condenser heat re'ection 6.9 MBH 7,096 Mbtu + 1.345 x 2.545 x 4.33 Run time to re'ect added load 34.61 hrs 6.79/1,742 x 8,760 Energ savin s 518 kWhr 18 bhp x 0.746 kW/bhp x (100/89.7) 34 hrs otal Gas Savin s 541 therms Gas Ener Cost 1.033 $/therm otal Gas Cost Savings $ 559 otal Electrical Savin s 4,845 kWhr Electrical Ener Cost 0.0721 $/kWhr otal Electrical Cost Savin s $ 349 Total Savin s $ 90 Harris Mechanical Service, LLC -Proprietary 17 '.r~° ~ x ~v 'k~ ...~......n......._. _.. ~~~ Rink 2 Re-pipe Hot Gas Coil 2" bare pipe heat loss 67,760 Btu/ft/yr 2" pipe with insulation heat loss 10,830 Btu/ft/yr Pipe length 80 feet Energy Savings 4,554,400 Btu Energy Savings 45.54 Therms Reduced cooling load 0.1 tons 4,554,400 btu / 12 MBH / 4,051 hrs Compressor (York G123S) Efficiency 1.348 bhp/ton Motor Efficiency 91 Compressor Run Time 4,051 hrs Evaporative Condenser Efficiency 89.7% Capacity 1,195 MBH Compressor Savings 448 kWhr 0.1 tons x 1.348 bhp/ton x 0.746 kW/bhp x (100/91) x 4,051 hrs HU flow rate 4,890 cfm HU temperature difference 20 °F Lost benefit of not using hot gas 427,882,824 Btu ,051 hrs x 1.08 x 4,890 cfm x 20°F Lost benefit of not using hot gas 4,278.83 Therm Boiler Efficiency 87% Input fuel 4,918 Therm Evaporative Condenser Reduced Load 8.80 Tons 27,882,824/1000 / 12 MBH / 4,051 Evaporative Condenser Reduced Load 136 MBH 8.8 tons x 12 MBH/ton + (1.348 bhp/ton 8.8 tons x2.545) Reduced run time of condenser 460 hrs 135 MBH / 1,195 MBH x 4,051 hrs Electric Energy Savings 6,127 kWhr 16 bhp x 0.746 kW/bhp x (100/89.7) x 60 hrs otal Gas Savings 4,964 therms Gas Energy Cost 1.033 $Itherm otal Gas Cost Savings $ 5,128 otal Electrical Savings 6,574 kWhr Electrical Energy Cost 0.0721 $/kWhr otal Electrical Cost Savings $ 474 otal Savings $ 5,602 Harris Mechanical Service, LLC -Proprietary 18 @,` z 3 s ~sr ~~_ Summa of Economizer Control for Dehumidification of Rink 1 Heatin MMBtu Coolin kWhr Condenser kWhr Economizer 841 81,408 - Current -With No OA 60 130,156 14,319 dditional Heat 781 Electrical Savin s 48,748 14,319 Utilt Cost $ - $ 0.0721 $ 0.0721 Free Waste Heat dditional Cost $ - Savin s $ 3,515 $ 1,032 otal Savin s $ 4,547 kW Savin s 14.1 6 otal kW Savin s 20.58 AHU-1 -Occupant Sensor control of on/off of un it servin team locker room for Rink 2 Da s Per Hours Closed Rink O eratin Hours O en Close Hours O en Hours Closed Year Per Year Monda -Frida 14:00 23:00 9:00 15 260 3,900 Saturda -Sunda 6:00 23:00 17:00 7 104 728 4,628 HP kW kWhr HU-1 Su I Fan 5 3.73 17,262 3.73 kW x 4,628 hrs Exhaust Fan 3 2.238 10,357 2.238 kW x 4,628 hrs otal Savin s 27,620 17,262 kWhr + 10,357 kWhr Electricit Cost $/kWhr 0.0721 Electricit Savin s $ 1,991 27,620 kWhr x $0.0721/kWhr kW Savin s 3.15 kW AHU-2 - Occu ant Sensor control of on/off of un it servin team locker room for Rink 1 Da s Per Hours Closed Rink O eratin Hours O en Close Hours O en Hours Closed Year Per Year Monda -Frida- 14:00 23:00 9:00 15 260 3,900 Saturda -Sunda 6:00 23:00 17:00 7 104 728 4,628 HP kW kWhr HU-1 Su I Fan 5 3.73 17,262 3.73 kW x 4,628 hrs Electricit Cost $/kWhr 0.0721 Electricit Savin s $ ~ 1,245 17,262, kWhr x $0.0721/kWhr kW Savin s 1.97 kW !} /~ Harris Mechanical Service, LLC -Proprietary 19 ~: ~~~~ VFD Normal Annual Energy Annual Motor HP BHP kW Annual Hours Total Annual kWhrs Total Annual kWhrs Savings kWhr Cost $/kWhr Savings $ DU-1 Supply Fan 15 12.75 9.5 0 10,032 28,535 18,503 0.0721 $ 1,334 DU-1 Regen Fan 10 8.5 6.3 0 6,688 19,023 12,335 0.0721 $ 889 otal 30,838 $ 2,223 Harris Mechanical Service, LLC -Proprietary 20 ~~ ECO#3 Low E Ceilings Energy savings for the two (2) Low E Ceilings were calculated based on the equations listed under the Radiant Loads section of the 2006 ASHRAE Handbook -Refrigeration, page 35.3. Figure 1 from page 35.3 was also used. Calculated Energy Savings: $31,165 Guaranteed Energy Savings: $28,049 Rink 1 Low E Ceilin Ener Savin s 2959 avin s, MMBtu 246637 Savin s, Ton-hrs 1.00 kW/ton 246,637 Savin s, kWhr 0.0721 Cost, $/kWhr $ 17,783 Savings, $ Rink 2 Low E Ceilin Ener Savin s 2,227 Savin s, MMBtu 185,605 Savin s, Ton-hrs 1.00 kW/ton 185,605 Savin s, kWhr 0.0721 Cost, $/kWhr $ 13,382 Savin s, $ Harris Mechanical Service, LLC -Proprietary 21 ~`-)~ ECO#4 Vending Machines The energy savings resulting from this ECO are stipulated, and will require no further documentation after enacting this agreement. Calculated Energy Savings: $612 Guaranteed Energy Savings: $551 Vendin Machin Im' rovements Cold Drink Machines Current Projected Total Savings Savings kWh 17,472 9,845 7,627 44% Cost of O eration $1,278.2 $720.2 $557.9 44% Snack Machines Current Projected Total Savings Savings kWh 1,398 66 732 52% Cost of O eration $102.2 $48.70 $53.56 52% Current Projected Total Savings Savings kWh 1887 10511 8359 44% Cost of Operation $1,381 $769 $612 44% Harris Mechanical Service, LLC -Proprietary 22 Calculated Energy Savings: $1,744 Guaranteed Energy Savings: $1,570 Water/Sewer Consumption Fixture Type and Volume Fixture Utilization Water/Sewer Consumption and Cost Savings Restroom Category Fixture Description Pre- Retrofit Flow Post Retrofit Flow Pre-Retrofit Mnual Utilization (Auslresorminutes) Post-Retrofit Mnual Utilization (nushesorminutes) Pre-Retrofit Water Use (Gallons) Post-Retrofit Water Use (Gallons) Pre-Retrofit Water Cost Post-Retrofi Cost Water Use Savings Water Cost Savings Hi Use Toilets 2.93 2.15 65,988 65,988 193,382 141,875 $ 975 $ 715 51,507 $ 260 General Use Toilets 3.04 2.25 153,972 153,972 468,333 346,438 $ 2,360 $ 1,746 121,895 $ 614 Low Use Toilets 3.00 2.40 - - $ - $ - - $ - Staff Use Toilets n.a. n.a. - $ $ - - $ - Toilets $ $ $ Toilets - - $ - $ - - $ - Hi Use Urinals 1.03 0.71 1,728 1,728 1,782 1,231 $ 9 $ 6 551 $ 3 General Use Urinals 1.09 0.71 4,031 4,031 4,409 2,872 $ 22 $ 14 1,537 $ 8 Low Use Urinals n.a. n.a. - $ $ - - $ - Staff Use Urinals n.a. n.a. - - $ - $ - - $ - Urinals $ - $ - - $ - Urinals - - $ - $ - - $ - Hi Use Sinks 2.38 2.17 19,022 19,022 45,177 41,214 $ 228 $ 208 3,963 $ 20 General Use Sinks 2.30 0.60 44,366 44,366 102,041 26,619 $ 514 $ 134 75,422 $ 380 Low Use Sinks 2.00 0.50 254 254 509 127 $ 3 $ 1 382 $ 2 Staff Use Sinks n.a. n.a. - $ - $ - - $ - Sinks - $ - $ - - $ - Sinks - - $ - $ - - $ - Hi Use Showers n.a. n.a. - - $ $ - - $ - General Use Showers 2.73 2.73 $ - $ - - $ - Low Use Showers 2.50 1.80 2,321 2,321 5,801 4,177 $ 29 $ 21 1,624 $ 8 Staff Use Showers n.a. n.a. - - $ - $ - $ Showers - - $ $ - $ - Showers - - $ - $ - - $ - Sprayers Kitchen Sprayers - Refer to Calculations Below _ _ $ _ $ _ _ $ Water /Sewer Rate = $ 5.04 / 1000 Gallons 821,434 564,553 $ 4,140 5 2,845 256,881 $ 1,295 Harris Mechanical Service, LLC -Proprietary 23 ~~~~ Hot Water Use Thermal Energy to Heat Water Thermal Savings Percent o -Water Use that is Hot Water Pre-Retrofit Hot Water Use etrofit Hot Water Use Water Heater Delta T (deg F) Heating System Efficiency Pre- Retrofit Thermal Energy (therms) Retrofit Thermal Energy (therms) Cost per Therm of Energy Thermal Savings (tnerms) hermal Savings 0% 0 0 73 80% - - $ 1.00 - $ - 0% 0 0 73 80% - - $ 1.00 - $ - 0% 0 0 73 80% - - $ 1.00 - $ - 0% 0 0 73 80% - - $ 1.00 - $ - 0% 0 0 73 80% - - $ 1.00 - $ - 0% 0 0 73 80% - - $ 1.00 - $ - 0% 0 0 73 80% - - $ 1.00 - $ - 0% 0 0 73 80% - - $ 1.00 - $ - 0% 0 0 73 80% - - $ 1.00 - $ - 0% 0 0 73 80% - - $ 1.00 - $ - 0% 0 0 73 80% - - $ 1.00 - $ - 0% 0 0 73 80% - - $ 1.00 - $ - 73% 32,800 29,923 73 80% 249 227 $ 1.00 22 $ 22 73% 74,085 19,326 73 80% 563 147 $ 1.00 416 $ 416 73% 370 92 73 80% 3 1 $ 1.00 2 $ 2 73% 0 0 73 80% - - $ 1.00 - $ - 73% 0 0 73 80% - - $ 1.00 - $ - 73% 0 0 73 80% - - $ 1.00 - $ - 77% 0 0 73 80% - - $ 1.00 - $ - 77% 0 0 73 80% - - $ 1.00 - $ - 77% 4,450 3,204 73 80% 34 24 $ 1.00 9 $ 9 77% 0 0 73 80% - - $ 1.00 - $ - 77% 0 0 73 80% - - $ 1.00 - $ - 77% 0 0 73 80% - - $ 1.00 - $ - 0 0 - - - $ - Total Savings $ 260 $ 614 $ - $ - $ - $ - $ 3 $ 8 $ - $ - $ - $ - $ 42 $ 796 $ 4 $ - $ - $ - $ - $ - $ 18 $ - $ - $ - $ - I r - - 849 399 450 $ 450 $ 1,744 Harris Mechanical Service, LLC -Proprietary 24 ~~/ -- - e R N r~ µ ECO#6 Rink 1 Lighting Upgrades The energy savings resulting from this ECO are stipulated, and will require no further documentation after enacting this agreement. Calculated Energy Savings: $1,094 Guaranteed Energy Savings: $985 Area LOCATION Existing Fixtures New Fixtures Quanity Description Description Before After Rink 1 over ice 6 arm star 2x4 81 T5 21 21 Watts Existing After Demand Savings Before After Hours Hours Months KW KWH 690 52 4, 380 4, 380 12 42 15,17 Savings 42 15,177 Rate- $ - $ 0.0721 Savings $ 1,094 Harris Mechanical Service, LLC -Proprietary 25 Calculated Energy Savings: $763 Guaranteed Energy Savings: $687 Exterior Door Re air Open Crack Area 0.208333 ft2 Infiltration Velocity 100.00 ft/min Infiltration Flow 20.83333 cfm Interior Temperature 60 °F Exterior Temperature Bin Data °F Ener Saved 31 Therms Ener Saved 123.5 kWhr Ener Cost 1.033 $/Therm Ener Cost 0.0721 $/kWhr Gas Saved $ 32.12 Electricit Saved $ 8.90 otal Saved $ 41 Zamboni Door Repair Open Crack Area 5 ft2 Infiltration Velocity 100.00 ft/min Infiltration Flow 500 cfm Interior Temperature 60 °F Exterior Temperature Bin Data °F Ener Saved 10,012.0 kWhr Ener Cost 1.033 $/Therm Ener Cost 0.0721 $/kWhr Electricit Saved $ ~ 722 ~''~~ Harris Mechanical Service, LLC -Proprietary 26 //~ Operational Savings 8~ Cost Avoidance Harris worked with the Richfield Ice Arena's staff to understand how much is spent on maintaining the refrigeration and HVAC systems. There are operational savings that can be realized as part of this project however, it is important to first understand where the operational budget is being spent. Following is a summary for 2008 operating expenses related to the facility: 2008 Operating Expenses by Category CT Water TrecntmPnt $~ Refrigeration, $18, 067 Refrigerant, $7, 421 Maintenance Supplies, $748 HVAC, $3,993 Harris' solution includes full coverage replacement of the refrigeration system and associated supplies allowing the City to recognize those savings in future budgets. The full coverage contract outlined in Attachment D includes system replacement of the refrigeration systems resulting in stipulated cost avoidance of $ 12,500. The Zamonbi door replacement was allocated at $12,000 in future planning and will be replaced under this solution resulting in cost avoidance. Harris Mechanical Service, LLC -Proprietary 27 Plumbing, m~n~ ~. . .~k ~--yo The lighting cost avoidance of $ 262 are realized through reduced future replacement costs due to improved ballast as outlined below: Sa s Savings Current BALLASTS Future ~ 126 total ballasts 63 0 replaced so far 0 8% assumed future fail rate 8% 10.08 replacements per year 5.04 $18 cost per ballast $18 $181.44 future ballast cost $90.72 590.72 LAMPS 252 total lamps now 420 $14 cost per lamp $3.75 replaced over last 4 35% years 35% 4 year period 4 j 51,234.80 spent on lamps 5551.25 I, 308.7 annual lamp cost 137.8125 i 5170.89 The operational savings are stipulated as follows if Customer does enter into Ongoing Maintenance & Support Contract as outlined in Attachment D: Refri eration S stems $ 18,067 Refri eration Supplies $ 7,421 Zamboni Cost Avoidance $12,000 Li htin Cost Avoidance $ 262 Refrigeration Cost Avoid $ 12,500. Totals $ 50,250 The operational savings are stipulated as follows if C does not enter into Ongoing Maintenance & Support Contract as outlined in Attachment D: Zamboni Door $ 12,000 Li htin Savin s $ 262 Totals $ 12,262 Harris Mechanical Service, LLC -Proprietary 28 :MAINTENANCE AGREEMENT FOR B ILDI G ENVIRONMENTAL SYSTE S __ ___ ___ Pr~posa! date Prc~~osai ~urr3b~r 1 I~~re~m~r~~ l~lo. .dun 1.5, 2t}Q9 P9P0®fi02 BY AND BETWEEN: Harris Companies City of Richfield 909 Montreal Circle AIV® 6700 Portland Avenue South St. Paut, MN 55102 Richfield, MN 55423 hereinafter CONTRACTOR hereinafter CUSTOMER sERVICES VviLL BE PRQV~DED Art THE FoLLOw~NG LacATioN~s~: Richfield Ice Arena Contractor will provide the services described in the maintenance programs indicated below, which are attached hereto and made a part of this Agreement, in accordance with [he terms and conditions set forth on the fallowing maintenance program pages. MAINTENANCE PROGRANi•. Guaranteed Lifetime Protection Presgram and associated Terms and Conditions AGREEMENT coverage will commence on .(date). The AGREEMENT price is $ 33,432.00 per year, payable $ 8,373.00 per Quarter in advance beginning on the effective date of San 1. 2010 IN WARRANTY ONLY: During the warranty, the AGREEMENT price will be $ ,per . It is understood that the warranty expires an ,: (date). SCHEDULES INCLUDED: 1-Inventory of Equipment 5-Special Services/ Provisions This proposal is the property of Contractor and is provided for Customer's use only. Contractor guarantees the price stated in this Agreement For thirty (30) days from proposal date above. This proposal will become a binding Agreement only after acceptance by Customer and approved by an officer of Contractor as evidenced by their signatures below. This Agreement sets forth all of the terms and conditions binding upon the parties hereto; and no person has authority to make any claim, representation, promise or condition on behalf of Contractor which is not expressed herein. This annual Agreement shall continue in effect from year to year unless either party gives written notice to the other of intention not to renew thirty (30) days prior to any anniversary date. Ct3CVT CUSTOMER. ~ F 2a?are ISa._s R_r~s n f.:~~! Keela lidkken Signature (AUthorizec Representative) Approved for Contractor: '°'ar`~ - Name(?riot/TYRe) - Name & Title _ - 'Title _. -. _ _. s rate ,r S-Q38-p1963TheLIncG~rporation(ReG.6-12-01) - -- HdrriSCOmpanies ~~ !~ GUARANTEED LIFETI E POTECTIO ~c~opas~E ~~~e Plr~~ ~s~E ~~:e~~E~er Ag~eel~lel~t ~o. Jun 1.5, 20x9 PP061D2 This GUARANTEED LIFETIME PROTECTION {GLP) program provides the Customer with an ongoing, comprehensive maintenance program for the lifetime of the contract and all renewals thereof. The GLP prograr will be initiated, scheduled, administered, monitored and updated by the Contractor. The service activities will be directed and scheduled, on a regular basis, by our comprehensive equipment maintenance scheduling system based on manufacturers' recommendations, equipment location, application, type, run time, and Contractor's own experience. The Customer is informed of the program's progress and results an a continuing basis via a detailed Service Report, presented after each service call for Customer's review, approval signature and record. CONTRACTOR WILL PROVIDE THE FOLLOWING PROFESSIONAL MAINTENANCE SERVICES FOR THE BUILDING ENVIRONMENTAL MECHANICAL SYSTEM{S) COMPRISED OF THE EQUIPMENT LISTED ON SCHEDULE I (INVENTORY OF EQUIPMENT}: TEST AND INSPECT: Job labor, travel labor and travel and living expenses required to visually INSPECT and TEST equipment to determine its operating condition and efficiency. Typical activities include: -TESTING for excessive vibration; motor winding resistance; refrigerant charge; fan RPM; refrigerant oil (acid); water condition; flue gas analysis; safety controls; combustion and draft; crankcase heaters; control systems}, etc. -INSPECTING for worn, failed or doubtful parts; mountings; drive couplings; oil level; rotation; soot; flame composition a shape; pilot and igniter; steam, water, oil and/or refrigerant leaks, etc. PREVENTIVE MAINTENANCE: Jab labor, travel labor and travel and living expenses required to clean, align, calibrate, tighten, adjust, lubricate and paint equipment. These activities are intended to extend equipment life and assure proper operating condition and efficiency. Typical activities include: -CLEANING coil surfaces; fan impellers and blades; electrical contacts; burner orifices; passages and nozzles; pilot and igniter; cooling tower baffles, basin, sump and float; chiller, condenser and boiler tubes, etc. -ALIGNING belt drives; drive couplings; air fins, etc. -CALIBRATING safety controls; temperature. and pressure controls, etc. -TIGHTENING electrical connections; mounting bolts; pipe clamps; refrigerant piping fittings; damper sections, etc. -ADJUSTING belt tension; refrigerant charge; super heat; fan RPM; water chemical feed and feed rate; burner fuelJair ratios; gas pressure; set point of controls and limits; compressor cylinder unloaders; damper close-off; sump floats, etc. -LUBRICATING motors; fan and damper bearings; valve stems; damper linkages; fan vane linkages, etc. -PAINTING, for corrosion control, as directed by our scheduling system and on an as-needed basis. REPAIR AND REPLACE: lab labor, travel labor, parts procurement labor (locating, ordering, expediting and transporti and travel and living expenses required to REPAIR or REMOVE AND REPLACE broken, worn and(or doubtful components and or parts. TROUBLE CALLS: Job labor and travel labor, including overtime, plus travel and living expenses required for u work resulting from an abnormal condition. COMPONENTS. PARTS AND SUPPLIES: The cast of COMPONENTS, PARTS AND SUPPLIES required to keep the equipment operating properly and efficiently. S-ofl6 ©1942 TheLincCorporation(Rev.6-12-01)1 - FlarrlSCOmpanles ~~~3 ' ,° ~~ < i ~6~~y1 r t, ~ ~. ~..~. - me ..m~~~,._..~me .~ ~,, ~ .~..~< __.._~ . ..~ A L/NC Service ~' Confracfor .... GUARANTEED LIFETYME PROTECTYDN TERMS AND CDNDETIONS 1. Customer shall permit Contractor free and timely access to areas and equipment, and allow Contractor to start and stop the equipment as necessary to perform required services. Ali planned work under th':s Agreement will be performed during the Contractor's normal working hours, 7_. In case of any Failure to perform its obligations under this Agreement, Contractor's liability is limited. to repair or replacement at its option and such repair or replacement shall be Customer's sole remedy, This warranty is conditioned upon proper operation and maintenance by Customer and shat! not apply if the Failure is caused or contributed to by accident, alteration, abuse or misuse, and shall not extend beyond the term of this Agreement. 3. The annual Agreement price is conditioned upon the system{s} covered being in a maintainable condition, If the initial inspection or initial seasonal start-up indicates repairs are required, a firm quotation will be submitted For Customer's approval. Should Customer not authorize the repairs, Contractor may either remove the unacceptable system(s) component(s) or parts} from its scone of responsibility and adjust the annual Agreement price accordingly or cancel this Agreement. 4. The annual Agreement price is subject to adjustment on each commencement anniversary to renect increases in labor, material and other costs. 5. Customer shall be responsible for all taxes applicable to the services and/or materials hereunder. 6. Customer will promptly pay. invoices within ten (10) days of receipt, Should a payment become thirty (30) days or more delinquent, Contractor may stop ail work under this Agreement without notice and/or cancel this Agreement, and the entire Agreement amount shall become due and payable immediately upon demand. 7. Excluded From this Agreement, unless otherwise stated herein, is main power to the equipment disconnect, equipment structural supports, oil storage tanks and cleaning interior of system(s) dyct work. 8. Any alteration to, or deviation from, this Agreement involving extra work, cost of materials or labor will become an extra charge (fixed price amount to be negotiated or on atime-and-material basis at Contractor's rates then in effect} over the sum stated in this Agreement. 4. Contractor will not be required to move, replace or alter any part of the building structure in the performance of this Agreement 10. This Agreement does not include responsibility For the design of the system, safety test, and valve bodies other than those associated with equipment listed on Schedule 1, repair or replacement necessitated by freezing weather, electrical power failure, low voltage, burned-out main or branch fuses, low water pressure, vandalism, misuse or abuse of the system(s), negligence of others {including Customer), failure of Customer to properly operate the system{s) requirements of governmental regulatory or Insurance agencies, or other causes beyond control of Contractor. 11. If a trouble call is made at Customer's request and inspection indicates a condition which is not covered under this Agreement, Contractor may charge Customer at the rate then in effect for such services. 12. Customer shall permit only Contractor's personnel or agent to perform the vrork included in the scope of this Agreement. Should anyone other than Contractor's personnel perform such work, Contractor may, at its option, cancel this Agreement or eiimihate the involved item of equipment From inclusion on this Agreement. ~.:+~r~rs-~rrrtrartcr-aa.~s ~r: s - r!' k.$ l° I i 5~ ~ t~ `~ `-<+--:~~°~~-thr'Can't='A++io*"rei ~ -ni ~ e-sRe2Cts-t?ES€ fa , $ha{I bC,~Ipm~u~d.t~>}c~-on~#-1-j-year^r~rn'T)1e date .aF.xhrruurdc. ~t ~ 6 ~ ~ 15. Contractor shall not be liable for any delay, loss, damage or detention caused by unavailability of machinery, equipment or materials, delay of carriers, strikes, including those by Contractor's employees, lockouts, civil or military authority, priority regulations, insurrection or riot, action of the elements, forces of nature, or by any cause beyond its control. i6. Customer shalE make available to Contractor's personnel all pertinent Material Safety Data Sheets {MSDS} pursuant to OSHA'S Hazard Commun'scation Standard Regulations. 17, Contractor expressly disclaims any and all responsibility and liability For the indoor air quality of the customer`s facility, including without limitation injury or illness to occupants of the Facility or third parties, arising out of or in connection with the Contractor`s work under this agreement. 13. Contractor's obligation under this proposal and any subsequent contract does oat include the identification, abatement or removal of asbestos or any other toxic or hazardous substances, hazardous wastes or hazardous materials. In the event such substances, wastes and materials are encountered, Contractor's sole obligation will be to notify the Owner of their existence. Contractor shall have the right thereafter to suspend its work until such substances, wastes or materials and the resultant hazards are removed. The time For completion of the work shall be extended to the extent caused by the suspension-and the contract price equitably adjusted. ice, jos~,or exoenss es causeo in wnoie or an.part ny an a~v~pass:ve-a~-cm^trrrrtssran>ar ~,uc>€urrrer, Customer, ar anyone-'T~'whos-~-`- -~warnerm-~tyt+2`1t3bT ;, _ u L~t"'T7~ ~ :tsec~ iii kart lay (a115~p~ - __ 20. UNDER NO CIRCUMSTANCES, WHETHER ARISING IN CONTRACT, TORT (INCLUDING NEGLIGENCE), EQUITY OR OTHERWISE, WILL CONTRACTOR BE RESPONSIBLE FOR LOSS OF USE, LOSS OF PROFIT, INCREASED OPERATING OR MAINTENANCE EXPENSES, CLAIMS OF CUSTOMER'S TENANTS OR CLIENTS, OR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES. 5-0868 Cc9 2992 The Line Corporation (Rev. 6-IZ-01) 1-IdrrfS CDmpanieS Piroposal ~~~~ ~ PrQp~rsE~Q ~+u~t~er ~,gr~e~t~~t ~~a. .7un 15, 2009 P9P00602 QTY SYSTEM COMRONENT(5) MANUFACTURER MODEL RATING LOCATION LOT :Energy Mgrrit System KMC f 5 'Circulating Pumps - ~ 2 Hot Water Boilers Boiler Room 2 Water Source Heat Pumps l ~ TRRK International 4 Refrigeration Compressors Vilters Compressors ' ' Roam 2 ~ Evaporative Condenser tt Outside 2 i i ~ Condenser Fans 5-044 p 1983 The Unc Corporation (Rev. 6-12-01) NarrlS COmpdnle5 0 ~~ E ti ~~~-~ ~ ~ ~ ~i .1 Schedule 5 Special Services/Provisions .Proposal Date Proposa! Number Agreement No. dun 15, 2009 P9P00602 Measurement & Verification: This proposal includes all Measurement. & Verification of the calculated energy savings presented in the Performance Contract. Please reference Attachment B in the Performance Contract Document for details on the Performance Standards & Energy Savings. Measurement & Verification will begin upon substantial completion of the construction project and acceptance by the owner. The start date on `this contract will be adjusted accordingly, pricing will be valid thirty (30)-days from completion of the Performance Contract. In year 1 of the Measurement & Verification, Harris will provide quarterly reconciliation of the utility bills and present the report to the owner. In year Z and thereafter, Harris will provide annual reconciliation of the utility bills and present report to the owner. This contract will be renewed on an annual basis with escalation based on consumer price indices. It is cancellable with a 30 day written notice prior to anniversary date. Upon termination of this contract, Harris will not be responsible for the utility bill guarantee. THE SERVICES DESCRIBED ABOVE ARE GOVERNED BY THE TERMS AND CONDITIONS OF THE PROGRAM OF WHICH THIS SCHEDULE IS A PART. S-D48 p 1983 The Linc Corporation (Rev. 6-12-01) Nai'riS COi1lp811125 A L,lNG Service ° Confracfor ~-. /I ~ I ~ }; ~ ~ ~} f ~ 7L. ~ ~ ~ ~ ~ ~ :~' ~, ~ A LlNC Servicet~ Contractor Schedule 5 Special Services/Provisions Proposal Date Proposal Number Agreement No. Tun 15, 2009 P9P00602 Service Coverages: As outlined in Schedule 1, Inventory of Equipment, the Guaranteed Lifetime Protection Program covers the newly replaced refrigeration systems. The owner will be responsible for system replacement and repairs associated with the floor, vessels, and evaporative condenser coil. The City will be responsible for the preventative maintenance associated with all HVAC systems including filter and belt changes as well as system replacement upon failure. If the. City elects not to enter into this agreement, Harris would provide Utility Bill Reconciliation at a fee of $ 4,850 for year 1. This would not include. a Utility Bill Guarantee. THE SERVICES DESCRIBED ABOVE ARE GOVERNED BY THE TERMS AND CONDITIONS OF THE PROGRAM OF WHICH THIS SCHEDULE IS A PART. 5-048 p 1983 The Linc Corporation (Rev. 6-12-OS} Hdl'~IS c0illp8r11C'S Schedule 5 Special Services/Provisions Proposal Date Proposal Number Agreement No. ]un 15, 2009 P9P00602 Terms & Conditions Modifications: Item 6 City to have 30 days far payment, not 10 as shown. Item 10 "Causes beyond control of Contractor's" applies to entire paragraph. Item 13 Stricken Item 14 Stricken Item 15 Insert "circumstances beyond Contractor's control, including:" after "damage or detention caused by" and then strike " or by any cause beyond its control" at the end of the sentence. Item 17 Add the following to end "Any liability for Indoor Air Quality issues will be limited to systems installed under this contract. Item 19 Stricken THE SERVICES DESCRIBED ABOVE ARE GOVERNED BY THE TERMS AND CONDITIONS OF THE PROGRAM OF WHICH THIS SCHEDULE IS A PART, s-oae ©i9ss me unc corporeno~ (rtev. a-iz-oi> Harris Companies ~~~ .. ~ ,.~. .~,.. ,. ,, ,n . ;~. ~ ~ , ,d `' .4 ~~ ... _. d< ~ s~~ ~~x' ar,; ._ , - - _ A LINO Service ~ Contractor -- MAINTENANCE AGREEMENT FOR BTLDI G ENVIRONMENTAL SYSTEMS Proposal ©ate Rroposal lumber Agreement Na. Sul 08, 2fGit~9 P~R~Q~tI2.A BY AND BETWEEN: Harris Companies City of Richfield 909 Montreal Circle ' AND ' b700 Portland Avenue South St. Paul, MN 55102 Richfield, MN 55423 hereinafter CONTRACTOR J ~ hereinafter CUSTOMER SERVICES WILL BE PROVIDED AT THE FOLLOWING LOCATION(S): Richfield Ice Arena Contractor wiN provide the services described in the maintenance program indicated below, which are attached hereto and made a par[ of this Agreement, in accordance with the terms and conditions set forth on the following maintenance program pages. MAINTE{1EANCE PROGRAM. Customizes! Professional Maintenance Program III ' and associated Terms and Conditions AGREEMENT coverage will commence on: (date). The AGREEMENT price is $ 23.550A0 per year, payable $ 5.887.50 per Quarter 1n advance beginning on the effective date of Jan 1. 2010 IN WARRANTY QNLY: During the warranty, the AGREEMENT price will be $ .per . It is understood that the warranty expires on {date). SCHEDULES INCLUDED: 1-Inventory of Equipment 5-Special Services) Provisions i nis proposa{ is the property or contractor and is provided for Customer's use only. Contractor guarantees the price stated in this Agreement for thirty (30} days from proposal date above. This proposal will become a binding Agreement only after acceptance by Customer and approved by an officer of Contractor as evidenced by their signatures below. This Agreement sets forth all of the terms and conditions binding upon the parties hereto; and no person has authority to make any claim, representation, promise or condition on behalf of Contractor which is not expressed herein. This annual Agreement shall continue In effect from year to year unless either party glues written notice to the other of Intention not to renew thirty (30) days prior to any anniversary date. ~fii2A T ~~ ~~ stghaix,r>?{5a4~,2~orese ta;ive} )C@'eFd B3kk2n .Approved for Contractor: CUSTOMER Signature (Authorized Representative) signature Name (Print/Typej Name&Title T~ - Qate :.:. _... _ _. __,. Dare s-o3s p 1463 The Cinc Corporation (Rev. 6-12-01) ~~ Harris Companies ~-~ ~ CUSTOMIZED PR®FESSIONAL MAINTENANCE PROGRAM III. Prmposal Date Rroposal htLlmber Agre~rr~ent No. Jul t1$, 2a43 ] P9PQ~(~~a~A. Our Customized Professional Maintenance III (CPM-iii) program is designed to pravide the Customer with an ongoing maintenance program. The CPM-III program will be initiated, scheduled, administered, monitored and updated by the Contractor. The service activities will be directed and scheduled, on a regular basis, by our comprehensive equipment maintenance scheduling system based on manufacturers' recommendations, equipment location, application, type, run time, and Contractor's own experience. The Customer is informed of tha program's progress and results on a continuing basis via a detailed Service Report, presented after each service call for Customer's review, approval signature and record. CONTRACTOR WELL PROVIDE THE FOLLOWING PROFESSIONAL MAINTENANCE SERVICES FOR THE BUILDING ENVIRONMENTAL MECHANICAL SYSTEM(S) COMPRISED OF THE EQUIPMENT LISTED ON SCHEDULE 1 (INVENTORY OF EQUIPMENT): TEST AND INSPECT: Job labor, travel labor and trove! and living expenses required to visualty INSPECT and TEST equipment to determine its operating condition and efficiency. Typical activities include: -TESTING for excessive vibration; motor winding resistance; refrigerant charge; fan RPM; refrigerant oil (acid); water condition; flue gas analysis; safety controls; combustion and draft; crankcase heaters; control system{s), etc. -INSPECTING for worn, failed or doubtful parts; mountings; drive couplings; oil level; rotation; soot; flame composition ai shape; pilot and igniter; steam, water, oil and/or refrigerant leaks, etc. s-oaz p ies3 me Linc corporaNoo-(Rev. 6-iz-oil Harris Companies 1. Customer shall permit Contractor free and timely access to areas and equipment, and allow Contractor to start and stop the equipment as necessary to perform required services. All planned work under this Agreement wilt be performed during the Contractor's normal working hours. 2. In case of any failure to perfarm its obligations under this Agreement, Contractor's liability is limited to repair or replacement at its option and such repair or replacement shall be Customer's sole remedy. This warranty is conditioned upon proper operation and maintenance by Customer and shall not apply if the failure is caused or contributed to by accident, alteration, abuse or misuse, and shall not extend beyond the term of this Agreement. - 3. The annual Agreement price is subject to adjustment on each commencement anniversary to reflect increases in labor, material and other costs. 4. Customer shall be responsible for alt taxes applicable to the services and/or materials hereunder. 5. Customer will promptly pay invoices within ten (10) days of receipt, Should a payment become thirty (30) days or more delinquent, Contractor may stop all work under this Agreement without notice and/or cancel this Agreement, and the entire Agreement arnount shall become due and payable immediately upon demand, 5. Any alteration m, or deviation from, this Agreement involving extra work, cost of material or labor will become an extra charge (fixed price amount to be negotiated or on a time-and-material basis at Contractor's rates then in effect) over the sum stated in this Rgreement. ', 7. Contractor will not be required to move, replace or alter any part of the building structure in the performance of this Agreement. ~~ °~ ~ ~ ~y 10. Contractor shall not be liable For any delay, loss, damage or detention caused by unavailability of machinery, equipment or materials, delay of carriers, strikes, including those. by Gontractar's employees, lockouts, civil or military authority, priority regulations, insurrection or riot, action of the elements, forces of nature, or by any cause beyond its control. a4J - - - - - - - - rift-ccusrd-ir+~~oar~ ~y ~ ~~~t~ _ r 12. Customer shall make available to Contractor's personnel ail pertinent Material Safety Data Sheets (MSDS) pursuant to OSHA'S Hazard Communication Standard Regulations. 13. Contractor expressly disclaims any and all responsibility and liability For the indoor air quality of the customer's Facility, including without limitation, injury or illness to occupants of the facility or third parties, arising out of or in connection with the Contractor's work under this agreement. 14. Contractor's obligation under this proposal and any subsequent contract does not indude the identification, abatement or removal of asbestos or any other toxic or hazardous substances, hazardous wastes or hazardous materials. In the event such substances, wastes or materials are encountered, Contractor's sole obligation will be to notify the Owner of their existence. Contractor shall have the right thereafter to suspend its work unto such substances,wastes or materials and the resultant hazards are removed. The time for completion of the work shall be extended to the eater caused by khe suspension and the rnntract price equitably adjusted. 15. UNDER NO CIRCUMSTANCES, WHETHER ARISING IN CONTRACT, TORT {INCLUDING NEGLIGENCE), EQUITY OR OTHERWISE, WILL CONTRACTOR BE RESPONSIBLE FOR LOS5 OF USE, LOSS OF PROFIT, INCREASED OPERATING OR MAINTENANCE EXPENSES, CLAIMS OF CUSTOMER'S TENANTS OR CLIENTS,OR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES. 16. This Agreement does not include preventive maintenance, repairs to the system(s), the provision or Installation of components or parts, or service calls requested by the Customer. These services will be charged for at Contractor's rates then in effect. 5-0426 ~ 1963 The Zinc Corporation (Rev. 6-iZ-01) f(8rr15 COIT1panIES ~.y3 Richfield Ice Arena Schedule 1 Page 4 of 6 Inventory of Equipment Customized Professional Maintenance Program III (Refrigeration and HVAG}: Four (4) TRAK Heat Pumps (Source) Twa (2) TRAK Heat Pumps (Load) Two (2) BP-1, 2 West Rink Supply Pumps Two (2) BP-3, 4 East Rink Supply Pumps One (1) P-5 Return Pump Two (2) MLP-1, 2 Moderate Loop Pump One (1) GLP-1 Ground Loop Pump All VFDs for pumps Dry Cooler Snow Melt Pit Pump Sub Floor Heaf Pump Heat Exchanger 1(Domestic Hot Water) KMC Control System including associated valves, actuators, sensors AHU-1 West Rink Locker Rooms AHU-2 Office AHU-3 Dehumidification MAU-3 East Rink Locker Rooms CP-1, 2 HW Circ Pumps Domestic HW Storage Tanks All Unit Heaters, Exhaust Fans, Cabinet Unit Heaters Pneumatic /Electronic Controls including associated devices Furnace F-1, 2, 3 Dome Unit Boiler ~ ~" Harris Companies Confidential' June 15, 2009 -5~ Measurement & Verification: This proposal includes all Measurement & Verification of the calculated energy savings presented in the Performance Contract. Please reference Attachment B in the Performance Contract Document for details on the Performance Standards & .Energy Savings. Measurement & Verification will begin upon substantial completion of the construction project and acceptance by the owner. The start date on this contract will be adjusted accordingly, pricing will be valid thirty (30) days from completion of the Performance Contract. In year 1 of the Measurement & Verification, Harris will provide quarterly reconciliation of the utility bills and present the report to the owner. In year 2 and thereafter, Harris will provide annual reconciliation of the utility bills and present report to the owner. This contract will be renewed on an annual basis with escalation based on consumer price indices. It is cancellable with a 30 day written notice prior to anniversary date. Upon termination of this contract, Harris will not be responsible for the utility bill guarantee, THE SERVICES DESCRIBED ABOVE ARE GOVERNED BY THE TERMS AND CONDITIONS OF THE PROGRAM OF WHICH THIS SCHEDULE IS A PART. 5-048 ®1483 The Llnc Corporation (Rev. 6-12-01) HBfI'IS COfT1p8f1185 ~ V Prod i Date Prcapos~i iVurnber Agreement ~Q, ~u1 C18, 2FJt}3 i~~Pt?E~~OC12A ___ Terms & Conditions Modifications: Item 5 City to have 30 days for payment, not 10 as shown. Item 8 Stricken Item 9 Stricken Item 10 Insert "circumstances beyond Contractor's control, including:" after "damage or detention caused by" and then strike " or by any cause beyond its control" at the end of the sentence. Item 13 Add the following to end "Any liability for Indoor Air Quality issues will be limited to systems installed under this contract. Item 11 Stricken THE SERVICES DESCRIBED ABOVE ARE GOVERNED BY THE TERMS AND CONDITIONS OF THE PROGRAM OF WHICH THIS SCHEDULE IS A PART. 5-046 0 1983 The Linc Corporation {Rev. 6-12-01) Haf'I'~$ COfIlpB111f3S