11-28-06 Regular
CITY OF RICHFIELD, MINNESOTA
TUESDAY, NOVEMBER 28, 2006
REGULAR CITY COUNCil MEETING
COUNCil CHAMBERS
6700 PORTLAND AVENUE
6:30 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 Concurrent City Council/HRAlPlanning Commission
Meeting of October 16, 2006 and (2) Special City Council Worksession of November 14,
2006
PRESENTATION
COUNCil DISCUSSION
1. Council discussion
. Cancel December 26, 2006 Regular City Council Meeting
. Schedule January 2 Special City Council Meeting
. Hats Off To Hometown Hits
Notes:
AGENDA APPROVAL
2. Council approval of agenda
CONSENT CALENDAR
3. Consent Cal ndar 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
Cons nt Calendar and placed on the r gular agenda for Council discussion and action.
All it ms listed on the Consent Calendar are recommended for approval.
A. Consideration of approval of resolution designating City's 2007 contribution toward
health, term life and dental insurance premiums for General Services and
Management employees S.R. No. 246
B. Consideration of approval of first reading of a Transitory Ordinance vacating utility
easements in Cedar Point Commons redevelopment area and scheduling public
hearing and second reading for December 12, 2006 S.R. No. 247
C. Consideration of approval of bid minutes and tabulation and award of contract to
Magney Construction, Inc. for construction of backwash reClaim tank project at Water
Plant in amount of $939,594 S.R. No. 248
D. Consideration of approval of award of contract to Cutler-Magner Company for
purchase of 2,800 tons of quick lime for water treatment in the amount of $272,790
S.R. No. 249
Notes:
4. Consideration of items, if any, removed from Consent Calendar
Notes:
PUBLIC HEARING
5. Public hearing regarding resolution authorizing conditional use permit to allow single-
family dwelling located at 1407 66th Street East in General Commercial District
Staff Report No. 250
Notes:
RESOLUTIONS
6. Consideration of resolution awarding sale of$2,500,000 General Obligation Storm Sewer
Revenue Bonds, Series 2006B
Staff Report No. 251
Notes:
7. Consjderation of resolution reallocating $200,000 in Community Development Block
Grant rehabilitation funds to property acquisition activities
Staff Report No. 252
Notes:
PROPOSED ORDINANCES
8. Consideration of second reading of ordinance amending Section 210.01, Subdivision 5
of Richfield City Code related to City Council salary review
Staff Report No. 253
Notes:
OTHER BUSINESS ,
9. . Consideration of approval of Richfield Veterans Memorial concept plan and authorize
Veterans Me.morial Committee to proceed with advertising for sale of engravings
Staff Report No. 254
Notes:
10. Consideration of transfer of funds to fund certain capital projects
Staff Report No. 255
Notes:
CITY MANAGER'S REPORT
11. City Manager's report
Notes:
12. 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 items not on the agenda.
Individuals who wish to address the Council must have registered prior to the meeting.
Notes:
13. Adjournment
Auxiliary aids for individuals with disabilities are available upon requ st. Requests must be
made at least 96 hours in advance to the City Clerk at 612-861-9738.
AGENDA ~ECTlON:
AGENDA ITEM #
REpORT #
CONSENT
3A
246
STAFF REpORT
CITY COUNCIL MEETING
NOVEMBER 28, 2006
REpORT PREPARED By:
STEVEN L. DEVICH, CITY MANAGER
NAME, TInE
REpORT PRESENTER:
REVIEWED BY CITY MANAGER:
1~
ITEM FOR COUNCIL CONSIDERATION:
Consideration of the attached resolution designating City's contribution toward health, term life
and dental insurance premiums for General Services and ManaQement employees.
1. RECOMMENDED ACTION:
By Motion: Adopt the attached resolution designating City's
contribution toward health, term life and dental insurance premiums
for General Services and Management employees.
I II. BACKGROUND I
At the present time, the City contributes to the cost of premiums for four kinds of insurance
coverages available to City employees. Full-time Management and General Services
employee contributions are discussed within this staff report as well as contributions
toward health insurance for part-time regular General Services employees. Other
employees are covered under terms of labor agreements.
LIFE
A $25,000 term life insurance policy is provided for all full-time Management and General
Services employees. The City pays the full premium for this insurance. The rate for 2007
remains at $4.35 per month per employee.
DENTAL
The second type of insurance provided to full-time Management and General Services
employees is a self-funded group dental insurance. In 2006, the City contributed $30 per
month per employee for the total cost of employee (not dependent) coverage. For 2007,
the City will contribute $32 per month per employee. Employees who desire dependent
coverage must pay the full cost of such additional premium, which will be $32 per month
11-28-06 Benefits
for 2007. This is a $3 increase from 2006. Inasmuch as dental insurance is self-funded,
the City establishes the dental rates from year to year internally, based upon administrative
and benefit payout cost data. Analysis of the dental fund performance for the past two
years indicates that rate increases are necessary.
HEALTH INSURANCE FOR FULL-TIME EMPLOYEES
The third type of insurance coverage ayailable to full-time Management and General
Services employees is group health coverage. The Local Government Information
Systems Association (LOGIS) group will again offer the Medica High Option Plan,
Elect/Essential Plan and the deductible MIC1000 plan.
In an effort to remain flexible and keep rate increases as low as possible, LOGIS offers a
four-tier system, giving employees the choice of employee only, employee plus spouse,
employee plus child(ren) and family option. By providing this four-tier rating system some
employees are able to benefit by choosing the employee plus spouse option or employee
plus child(ren) option.
LOGIS health insurance rates increased 16% for 2007. The City will continue to pay the
full individual employee premium and provide an additional contribution toward dependent
coverage up to a specified maximum insurance premium. In 2007, the City's monthly
contribution for Management and General Services employees will be increased from $655
to $705 for the employee plus spouse and employee plus child(ren) tiers and from $700 to
$750 for the family coverage tier. The City's contribution for Management and General
Services employees as a percent of premium over the past several years is shown in
Attachment 1. Full-time employees have the option to waive health insurance coverage
through the City if they prove they have coverage elsewhere. Employees electing to waive
coverage will receive an additional $50 per month on their pay check. This $50 will be
taxed as regular income.
The 2006 and 2007 monthly premium costs of the health plans are:
2006 Medica 2007 Medica 2006 Medica 2007 Medica
High Option High Option Elect or Medica Elect or Medica
Essential Essential
Employee
Only $419.72 $486.88 $383.41 $444.76
Employee Plus
Spouse .$896.41 $1,039.84 $818.84 $949.85
Employee Plus
Child(ren) $846.83 $982.32 $773.54 $897.31
Family $1,106.22 $1,283.22 $1,010.99 $1,172.75
2006 Medica MIC 2007 Medica MIC100
1 00 Plan (deductible) Plan
Employee ~
Only $373.93 $433.76
Employee Plus
Spouse $798.58 $926.35
Employee Plus
Child(ren) $754.40 $875.10
Family $985.99 $1,143.75
HEALTH INSURANCE FORPART-TIME REGULAR EMPLOYEES
The City will continue to contribute 75% of the single health care premium for part-time
regular employees and increase the dependent coverage contribution to $352.50 per
month for the employee plus spouse and employee plus child(ren) tiers and $375 for the
family coverage tier. Part-time employees may opt out of health insurance altogether.
LONG-TERM DISABILITY (L TO)
The fourth type of insurance provided to all employee groups is long-term disability
insurance (L TO). L TO is provided through a group policy secured by the City. The rate
has increased from 41 cents per $100 to 45 cents per $100. Rate increases are based on
claims experience and employee population. The City will be going out for bids in early
2007 for the April 1, 2007 renewal of the L TO policy.
I III. BASIS OF RECOMMENDATION I
I A. POLICY I
. The City continues to provide adequate insurance protection for the
Management and General Services employee'groups, which are
comparable to other City employee groups, as well as employees
performing similar jobs in comparable communities.
. By providing the same coverages, greater benefit equality is achieved
between female classes found in Management and General Services
groups and male classes found in the contracted labor units.
I B. CRITICAL ISSUES I
. The City should implement the premium increases for coverages by
December 1, 2006. Payroll deductions for January insurance
payments, the beginning of the new insurance period, are calculated
in December.
I C. FINANCIAL I
. The funding necessary to provide for the premium contributions as
recommended will be addressed in the 2007 Revised Budget.
. With the increase recommended, Richfield's contribution will be about
average with those of comparable metro cities.
I D. LEGAL I
. In order to provide the requested insurance benefit changes, the City
Council must approve the resolution designating the City's contribution
toward health, term life and dental insurance premiums for General
Services and Management employees.
I IV. ALTERNATIVE RECOMMENDATION(S) I
. The Council may take no action to increase the insurance premiums beyond
the current 2006 funding level.
. Defer discussion to another date.
I V. ATTACHMENTS
. Resolution
. The City's Contribution Toward Dependent Health Insurance as a Percent of
Total Premium Cost
I VI. PRINCIPAL PARTIES EXPECTED AT MEETING
RESOLUTIOti NO.
SA.... I
RESOLUTION DESIGNATING CITY'S CONTRIBUTION
TOWARD HEALTH, TERM LIFE AND DENTAL INSURANCE
PREMIUM FOR MANAGEMENT AND GENERAL SERVICES EMPLOYEES
WHEREAS, the hospital-medical/surgical group health insurance plan is available
from the LOGIS Health Insurance program for City employees and their families; and
WHEREAS, a term life and accidental death and dismemberment insurance plan is
available from the Local Government Information Systems Association (LOGIS) for City
employees; and
WHEREAS, a self-funded group dental insurance plan is available to City
Management and General Services employees and their families; and
WHEREAS, a group short-term and long-term disability program is available to City
Management and General Services employees; and
WHEREAS, the City Council is required to determine by resolution the City's
contribution toward the premium for employee group insurance coverages.
NOW, THEREFORE, BE IT RESOLVED that the City shall contribute a maximum of
$750 per month for family health insurance to full-time employees, and in any event, said
contributions shall not exceed the cost of single coverage for employees selecting that option.
The City shall give to full-time employees not participating in the City's health plan, a sum of
$50 per month, which will be taxed as regular income. For all full-time Management and
General Services employees, the City shall also pay the $32 monthly premium for the offered
dental insurance plan, and the $4.35 monthly premium for the term life and accidental death
and dismemberment insurance plan, for a total possible maximum 2007 insurance premium
contribution of $783.35 per month. The City shall contribute 75% of the single health care
premium for part-time regular employees and a maximum of $375 per month towards
dependent coverage. Part-time employees shall also receive a portion of short-term disability
insurance dependent upon hours worked. Such contributions shall be for coverage effective
January 1, 2007.
BE IT FURTHER RESOLVED that the City shall contribute the full cost of long-term
disability insurance for full-time Management and General Services employees.
BE IT FURTHER RESOLVED that the City Council shall determine the City's
contribution toward insurance premiums for all organized employee groups by the adoption of
the appropriate resolutions concerning labor contracts with the respective organized
employee groups.
.,.;
Adopted by the City Council of the City of Richfield, Minnesota this 28th day of November
2006.
Martin J. Kirsch, Mayor
ATTEST:
Nancy Gibbs, City Clerk
Attacnment 1
3~- Q..
The Citv's Contribution Toward Dependent Health Insurance as a Perc nt of Total Premium Cost
YEAR HEAL TH DEPENDENT CITY CONTRIBUTION CITY CONTRIBUTION
PLAN PREMIUM MGMT./GEN. SVCS AVERAGE % OF
COST PREMIUM
2003 MEDICA
High Option
* Employee +
Spouse $704.43 $515 73%
* Employee +
Children $665.46 $515 77%
* Family $869.74 $530 61%
Elect Option
* Employee +
Spouse $643.47 $515 80%
* Employee +
Children $607.85 $515 85%
* Family $794.46 $530 67%
MIC 1000
* Employee +
Spouse $591.72 $515 87%
* Employee +
Children $558.98 $515 92%
* Family $730.58 $530 73%
2004 MEDICA
High Option
* Employee +
Spouse $800.37 $565 71%
* Employee +
Children $756.10 $565 75%
* Family $987.70 $580 59%
Elect/Essential Option
* Employee +
Spouse $731 .11 $565 77%
* Employee +
Children $690.66 $565 82%
* Family $902.97 $580 64%
MIC 1000
* Employee +
Spouse $713.02 $565 79%
* Employee +
Children $673.57 $565 84%
* Family $880.35 $580 66%
2005 MEDICA
High Option
* Employee +
Spouse $800.37 $605 76%
* Employee +
Children $756.10 $650 80%
* Family $987.70 $650 66%
Elect/Essential Option
* Employee +
Spouse $731.11 $605 83%
* Employee +
Children $690.66 $650 88%
* Family $902.97 $650 72%
MIC 1000
* Employee +
Spouse $713.02 $605 85%
* Employee +
Children $673.57 $650 90%
~A-3
* Family $880.35 $650 74%
2006 MEDICA
High Option
* Employee +
Spouse $896.41 $655 73%
* Employee +
Children $846.83 $655 77%
* Family $1106.22 $700 63%
Elect/Essential Option
* Employee +
Spouse $818.84 $655 80%
* Employee +
Children $773.54 $655 85%
* Family $1010.99 $700 69%
MIC 1000
* Employee +
Spouse $798.58 $655 82%
* Employee +
Children $754.40 $655 87%
* Family $985.99 $700 71%
2007 MEDICA
High Option
* Employee +
Spouse $1039.84 $705 68%
* Employee +
Children $ 982.~2 $705 72%
* Family $1283.22 $750 58%
Elect Option
* Employee +
Spouse $ 949.85 $705 74%
* Employee +
Children $ 897.31 $705 79%
* Family $1172.75 $750 64%
Low Option
* Employee +
Spouse $ 926.35 $705 76%
* Employee +
Children $ 875.10 $705 81%
* Family $1143.75 $750 66%
AGENDA SECTION:
AGENDA ITEM #
REpORT #
CONSENT
3B
247
.......
STAFF REpORT
RI0PilFIELD
CITY COUNCIL MEETING
.NOVEMBER 28, 2006
REpORT PREPARED By:
CORRlNE H. THOMSON, CITY ATTORNEY
NAME, TITLE
COUNCIL PRESENTER:
DEPARTMENT DIRECTOR REVIEW:
NAME, TITLE
REVIEWED BY CITY MANAGER:
ITEM FOR COUNCIL CONSIDERATION:
Approval of first reading of a Transitory Ordinance vacating utility easements in Cedar Point
Commons redevelopment area.
I. RECOMMENDED ACTION:
By Motion: Approve first reading of a transitory ordinance to vacate
utility easements in the Cedar Point Commons redevelopment area
and schedule public hearing and second reading for December 12,
2006.
I II. BACKGROUND I
On June 27,2006, the City Council approved Transitory Ordinance No. 18.37,
which vacated certain streets within the proposed Cedar Point Commons
development. The transitory ordinance reserved easements for existing utilities
until those utilities were relocated. The Hennepin County Examiner of Titles has
112806 Utility Vacation - Cedar Point
required a separate vacation proceeding in order to terminate the reserved utility
easements.
I III. BASIS OF RECOMMENDATION I
I A. POLICY I
. The utility lines have been relocated, and easements for the utilities
are no longer needed.
I B. CRITICAL ISSUES I
. Vacation of the easements will clear the title to the Cedar Point
. Commons development.
I C. FINANCIAL
. N/A
I D. LEGAL
. N/A
I IV.
ALTERNATIVE RECOMMENDATION(S)
. N/A
Iv.
ATTACHMENTS
. Transitory ordinance.
. Map showing easements to be vacated.
I VI.
PRINCIPAL PARTIES EXPECTED AT
MEETING
. N/A
"38-1
BILL NO.
TRANSITORY ORDINANCE NO.
AN ORDINANCE VACATING RESERVED UTILITY EASEMENTS
(Cedar Point Commons)
THE CITY OF RICHFIELD DOES ORDAIN:
Sec. 1: On June 27, 2006, the Richfield City Council adopted Transitory
Ordinance No. 18.37, which vacated the public streets as described in the attached
Exhibit A and as depicted in the attached Exhibit B (the "Vacated Area").
Sec. 2. Section 4 of Transitory Ordinance No. 18.37 reserved utility easements
overthe Vacated Area for existing utilities..
Sec. 3. The vacation of the street easements and the reservation of the utility
easements is evidenced by Notices of Completion of Vacation Proceedings filed in the
Office of the Hennepin County Recorder as Document Nos. 8879625, 8886147 and
8890374 and filed in the Office of the Hennepin County Registrar of Titles as Document
No. 4317073, as corrected by Corrected Notice of Completion of Vacation Proceedings
filed as Document No. in the Office of the Hennepin County Recorder and
Document No. in the Office of the Hennepin County Registrar of Titles.
Sec. 4. The utilities that were located within the Vacated Area have been
relocated to other public or private easement areas, and there is no public need for the
utility easements reserved in Transitory Ordinance No. 18.37 are no longer required.
Sec. 5: Upon the effective date as provided in Section 7 below, the utility
easements encumbering the Vacated Area are vacated.
Sec. 6. The City of Richfield held the first reading on November 28, 2006, and
held the second reading and public hearing on December 12, 2006.
Sec. 7: This ordinance shall become effective 30 days after publication of the
Ordinance.
Sec. 8: The City Clerk is directed to prepare a certificate of completion of
vacation proceedings and to record the vacation in the office of the Hennepin County
Registrar of Titles and Hennepin County Recorder.
Passed by the City Council of the City of Richfield, Minnesota this 12th day of
December, 2006.
Martin J. Kirsch, Mayor
ATTEST:
Nancy Gibbs, City Clerk
112806 Utility Vacation - Cedar Point
38-;)...
EXHIBIT A
Legal Description of Vacated Area
All that part of 17th Avenue South as dedicated in the plat of Iverson's Third Addition,
according to the recorded plat thereof, Hennepin County, Minnesota.
All that part of 17th Avenue South as dedicated in the plat of Iverson's Second Addition,
according to the recorded plat, thereof, Hennepin County, Minnesota, which lies
southerly of the easterly extension of the north line of Lot 1, Block 1, of said Iverson's
Second Addition.
All that part of 18th Avenue South as dedicated in the plat of Iverson's Third Addition,
according to the recorded plat thereof, Hennepin County, Minnesota, which lies
southerly of a line drawn perpendicular to the centerline of said 18th Avenue South to
the northwest corner of Lot 9, Block 3 of said Iverson's Third Addition.
All that part of 18th Avenue South as dedicated in the plat of iverson's Second Addition,
according to the recorded plat thereof, Hennepin County, Minnesota, which lies
southerly of a line drawn perpendicular to the centerline of said 18th Avenue South to
the northeast corner of Lot 14, Block 6, of said Iverson's Second Addition.
All that part of Cedar Avenue South, as dedicated in the plat of Iverson's Third Addition,
according to the recorded plat, thereof, Hennepin County, Minnesota, which lies
southerly 'of a line drawn perpendicular to the centerline of said Cedar Avenue to the
intersection of the north line of the south 25 feet of Lot 6, Block 3, of said Iverson's Third
Addition and the westerly right-of-way line of said Cedar Avenue South.
All that part of Cedar Avenue South, as dedicated in the plat of New Ford Town,
according to the recorded plat, thereof, Hennepin County, Minnesota, which lies
southerly of a line drawn perpendicular to the centerline of said Cedar Avenue South to
the northwest corner of Lot 3, Block 15, of said New Ford Town and which. lies northerly
ofa line drawn perpendicular to the centerline of said Cedar Avenue South to the
southwest corner of Lot 10, Block 1, of said New Ford Town.
All that part of 65th Street East, as dedicated in the plat of New Ford Town, according to
the recorded plat of New Ford Town, which lies west of the northerly extension of the
east line of Lot 1, Block t,of said New Ford Town.
All that part of 64th Street East, as dedicated in the plat of New Ford Town, according to
the recorded plat thereof, Hennepin County, Minnesota, which lies west of the northerly
extension of the east line of Lot 1, Block 8, of said New Ford Town.
88-3
All that part of 65th Street East, as dedicated in the plat of Iverson's Third Addition,
according to the recorded plat thereof, Hennepin County, Minnesota, accruing to Lot 6
and 7 , Block 1, and Lots 1 and 14, Block 2, of said Iverson's Third Addition.
All that part of 64th Street East, as dedicated in the plat of Iverson's Third Addition,
according to the recorded plat thereof, Hennepin County, Minnesota.
All that part of 65th Street East, as dedicated in the plat of Iverson's Second Addition,
which lies east of the east right of way line of 17th Avenue South in said Iverson's
Second Addition.
All that part of 64th Street East, as dedicated in the plat of Iverson's Second Addition,
according to the recorded plat thereof, Hennepin County, Minnesota, which lies eastof
the east right of way line of 17th Avenue South in said Iverson's Second Addition.
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AGENDA SECTION:
AGENDA ITEM #
REpORT #
CONSENT
3C
248
STAFF REpORT
CITY COUNCIL MEETING
NOVEMBER 28, 2006
REpORT PREPARED By:
BRIAJ..rY OUNG, UTILITY SUPERINTENDENT
NAME, TITLE
COUNCIL PRESENTER:
NAME, TITLE
DEPARTMENT DIRECTOR REVIEW:
REVIEWED BY CITY MANAGER:
ITEM FOR COUNCIL CONSIDERATION:
Consider the award of contracts for the Backwash Reclaim Tank Project.
1. RECOMMENDED ACTION:
By Motion: Approve the bid minutes and tabulation and award of
contract to Magney Construction, Inc. for the total bid amount of
$939,594.00 for the construction of the Backwash Reclaim Tank
Project.
I II. BACKGROUND, I
Funding for construction of a $1,100,000 Backwash Reclaim Tank was included in the
2006 Water Utility Bond for $6,080,000. The new tank is also included in the revised'
2006 Capitol Improvement Program. The Backwash Reclaim Tank will help stabilize
the treatment process and extend the life of the sand filters, which were recently
reconstructed. A Backwash Reclaim Tank was not constructed as part of the original
Water Plant Construction in 1963 but is now recommended by the Health Department
and the Ten State Standards, the guidebook for Water Plant construction and
operations. The current process allows the highly turbid filter backwash water to be
returned to the head of the plant, and upsets the chemical make-up, affecting the
downstream processes. The new tanks would allow for the backwash water to be sent
to the backwash tank and allow the solids to settle to the bottom of the tank. Once this
1128Backwash
occurs we will reclaim the decanted flow back. to the head of the plant and send the
solids to the lime sludge presses. This will give us better control of our backwash
water and stop the spikes of turbidity that upsets our water treatment process.
I III. BASIS OF RECOMMENDATION I
I A. POLICY I
. A bid opening was held on November 8, 2006.
. Pursuant to Section 8.04 of the City Charter, the project required
approval of a transitory ordinance because the estimated project cost
exceeds $500,000.
. Magney Construction, Inc. was the lowest responsible bidder and is an
established contractor that meets all of the city's requirements.
I B. CRITICAL ISSUES I
. . The current process allows the filter backwash water to be sent to the
head of the plant without settling and therefore upsets the water
treatment process.
. The longer it takes to install the Backwash Reclaim Tanks, the more it
will cost.
I C. FINANCIAL I_
. At the April 25, 2006 City Council Meeting, Council approved the sale of
$6,080,000 G.O. Water and Sewer Revenue Bonds, Series 2006A, for
capital improvements at the Water Plant.
. Proceeds from the G.O. Water & Sewer Bonds, will fund the Installation
of the Backwash Reclaim Tanks.
I D. LEGAL I
. All contracts or purchases in excess of $25,000 require Council approval.
. All contracts or purchases over $50,000 require sealed bids to be
solicited by public notice.
. . At the October 10,2006 City Council meeting a public hearing was held
and subsequently Council approved the Transitory Ordinance for this
project.
I IV. ALTERNATIVE RECOMMENDATION(S) I
. Council could reject all bids and instruct staff to re-advertise
. Council may choose to take no action at this time.
I V. ATTACHMENTS
. Bid Minutes
I VI. PRINCIPAL PARTIES EXPECTED AT MEETING
. . None
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AGENDA SECTION:
. AGENDA ITEM #
REpORT #
CONSENT
3D
249
......
STAFF REpORT
RICHFIELD
CITY COUNCIL MEETING
NOVEMBER 28, 2006
REpORT PREPARED By:
ROBERT HINTGEN, ASSISTANT
UTILITIES SUPERINTENDENT
NAME, TITLE
COUNCIL PRESENTER:
DEPARTMENT DIRECTOR
REVIEW:
,pg
REVIEWED BY CITY
MANAGER:
ITEM FOR COUNCIL CONSIDERATION:
Consideration of award of contract for 2,800 tons of quick lime for water treatment.
I. RECOMMENDED ACTION:
By Motion: Award of contract to Cutler-Magner Company for quick
lime in the amount of $272,790.00 for the years 2007 and 2008 with the
option to renew -for another two years.
I II. BACKGROUND I
The chemical quick lime is used in the water treatment process to lower water
hardness thus producing soft water. Approximately 1,400 tons of quick lime is
required each year for treatment.
A formal bid opening for a two-year (2007 and 2008) contractfor the purchase of
2,800 tons of quick lime was held on November 16,2006. The notice of bids for the
quick lime was published both in the Construction Bulletin on October 20, and 27,
2006 and the Richfield Sun-Current on October 19 and 26, 2006 with the hope of a
greater response.
I III. BASIS OF RECOMMENDATION
1128QuickLime
"
,
...
.
IA.
POLICY I
. Cutler-Maqner Company was the lowest bidder that met all bid
specifications and is an established contractor that meets all
requirements.
. The only other bidder was Western Lime Corporation based out of
West Bend, Wisconsin. Their base price was $127.00/tonfor an
annual cost of $177,800.00 per year.
1 B. CRITICAL ISSUES I
. Quick lime is a necessary chemical required in the water softening
process, which reduces water hardness.
Ic.
FINANCIAL I
. A recent history of prices for this product is:
Years Base Price Cost per Year
01/02 $62.43/ton $87,402
03/04 $65.00/ton $91,000
2005 $72.73/ton $101,822
2006 $78.66/ton $107,240
2007 $95.20/ton $133,280
2008 $99.65/ton $139,510
Vendor
Cutler-Magner Co.
Cutler-Magner Co.
Cutler-Magner Co.
Cutler Magner Co.
Cutler-Magner Co.
Cutler-Magner Co.
. The $34.42/ton increases since 2001 is a 34.42% increase over 7
years, or 4.9% annual increase.
. . There are sufficient funds in the 2007 Water Maintenance budget for
the purchase of quick lime.
I D. LEGAL I
.If the amount of purchase is estimated to exceed $50,000, sealed bids
shall be solicited by public notice.
. When the purchase of materials, merchandise, equipment or
construction exceeds $25,000, authority to purchase shall be
submitted to the City Council for consideration.
I IV. ALTERNATIVE RECOMMENDATION(S) I
. Council may reject the bid and direct staff to readvertise; however, staff does
not believe we can obtain a better price from a reputable contractor.
j V. ATTACHMENTS
. Bid minutes and tabulation.
I VI. PRINCIPAL PARTIES EXPECTED AT MEETING
. None.
90-(
CITY OF RICHFIELD, MINNESOTA
Bid Opening
November 14, 2006
2:00 p.m.
Water Treatment Plant Chemicals
Quick Lime
City Bid No. 06-08
Pursuant to requirements of Resolution NO.1 015, a meeting of the Administrative Staff
was called by Deborah Guiher, Deputy City Clerk, who announced that the purpose of
the meeting was to receive, open and read aloud, bids for water treatment plant
chemicals - quick lime, as advertised in the official newspaper on October 19 and
. October 26, 2006.
Present:
Deborah Guiher, Deputy City Clerk
Cheryl Krumholz, City Manager Representative
Robert Hintgen, Utility Superintendent
The following bids were submitted and read aloud:
Bidder's Name/City Bond Total Base Bid
Western Lime Corp. Presented $355,600
West Bend, WI
Cutler-Magner Co. Presented $272,790
Duluth
The Deputy City Clerk announced that the bids would be tabulated and considered at
the November 28, 2006 City Council Meeting.
Deputy City Clerk
Deborah Guiher
AGENDA SECTION:
AGENDA ITEM #
REpORT #
PUBLIC HEARING
.5
250
STAFF REpORT
CITY COUNCIL MEETING
NOVEMBER 28, 2006
REpORT PREPARED By:
MELISSA POEHLMAN, PLANNING &
ZONING ADMINISTRATOR
NAME, TITLE
COUNCIL PRESENTER:
DEPARTMENT DIRECTOR
REVIEW:
Iff'
.
REVIEWED BY CITY
MANAGER:
ITEM FOR COUNCIL CONSIDERATION:
Public hearing regarding a resolution authorizing a conditional use permit to allow a single-
family dwelling located at 1407 66th Street East in the C-2 District
I. RECOMMENDED ACTION:
Conduct and close the public hearing and by motion: Approve the
resolution authorizing a conditional use permit to allow a single-
family dwelling located at 1407 66th Street East in the C-2(General
Commercial) District.
I II. BACKGROUND I
The applicant, Jenefer Morales, is the owner and operator of Jenny's Salon,
currently operated as a home occupation out of her residence at 1407 66th Street
East. This property was also used for a home occupation salon by the previous
property owner.
The property is zoned C-2 (General Commercial). Single-family residential
dwellings are conditional uses in the C-2 District; however, in this case the use pre-
dates this zoning regulation and has been operated continuously, and therefore use
of the property as a single-family home with a home occupation is considered a
112806 - CUP 1407 66th St E
legal nonconforming use. Ms. Morales is allowed to continue to use the property for
residential purposes, so long as she complies with all home occupation standards.
Ms. Morales would like to continue to operate the home occupation; however, she
would like to erect larger signage than is allowable by the home occupation
standards, as this is a primarily commercial area. She would also like to hire one
non-resident employee. This requires that the property be brought into compliance
with current code standards, including a request for a conditional use permit (CUP)
to allow'a single-family residential dwelling in the C-2 District.
I III. BASIS OF RECOMMENDATION I
I A. POLICY I
Single-Jamily dwellings in the R-1 District must meet the following provisions and
requirements:
a) Minimum lot requirements:
. Area: 10,000 square feet
. Lot width: 75 feet
. Lot depth: 100 feet
. All requirements are met
b) Setback requirements (dwelling):
. Front: 30 feet
. Rear: 25 feet
. Side: 10 feet
. All requirements are met
c) Setback requirements (accessory garage):
. Front: 30 feet
. Rear: 3 feet
. Side: 10 feet - legal nonconformity at approximately two feet two inches.
Garage permit issued 1951. No provisions for side setbacks for
accessory buildings of this nature at that time.
. All requirements are met
Single-family dwellings that comply with the R-1 District provisions and
requirements are a conditional use in the C-2 District. One non-resident employee
may be employed at a home occupation if a CUP is issued. The findings necessary
to issue a CUP (546.05, subd.6) are as follows:
a) The proposed use is consistent with the goals, policies, and objectives of the
City's Comprehensive Plan. This requirement is not met. The property is
designated as "office," which is not consistent with a single-family residential
dwelling; however, the proposed use is a continuation of a legal
nonconforming use and will not change the property's relationship to the
Comprehensive Plan designation.
b) The proposed use is consistent with any officially adopted redevelopment
plans or urban design guidelines. This requirement does not apply. There
are no official redevelopment plans or urban design guidelines applicable to
this site.
c) The proposed use is or will be in compliance with the performance
standards specified in Section 541 of this code. This requirement is met.
The performance standards stated in Section 541 apply largely to
commercial buildings, rather than single-family residences.
d) The proposed use will not have undue adverse impacts on governmental
facilities, utilities, services, or existing or proposed improvements. This
requirement is met.
e) The use will not have undue adverse impacts on the public health, safety, or
welfare. This requirement is met.
f) There is a public need for such use at the proposed location. This
requirement is met. The existing residential dwelling and salon have been in
place for a number of years.
g) The proposed use meets or will meet all the specific conditions set by this
code for the granting of such conditional use permit. See below.
. In light of the commercial zoning designation of the property and the
character of the surrounding neighborhood, staff believes that the request
for additional signage would not have any detrimental impacts. Staff
recommends that the applicant be allowed to choose one of the following
options for signage:
. One freestanding ground sign not to exceed 50 square feet in sign area
and 27 feet in height. A minimum vertical clearance of 14 feet is required
for any such sign located within 25 feet of any street or driveway
intersection or at any other location where pedestrian or vehicle traffic is
required to pass under the sign.
. Wall signage not to exceed 15 percent of the total wall area of the portion
of the wall of the building to which they are attached.
. This recommendation is based on signage allowances in the Service-
Office (SO-1) and Neighborhood Business (C-1) Districts. All signs
require a sign permit issued by the Building Inspections Department.
Staff does not believe that the employment of one non-resident employee will
adversely impact the neighborhood. There is adequate parking in the garage and
on the driveway to serve this employee and the limited number of customers to be
served.
lB. CRITICAL ISSUES I
. The property has been used as a residential dwelling with an accessory
home occupation for a number of years.
. The property is zoned C-2 (General Commercial).
. In order to maintain use as a residence, but increase the allowable
square footage of signage, the applicant is requesting a CUP for a single-
family dwelling in the C-2 District.
. Additionalsignage would not be out of character for this commercial
neighborhood.
. In the past, the applicant has failed to comply with requests by the
Building Inspections Department to remove illegal signage (sandwich
board signs).
Staff has observed vehicles parked in the front yard area. The current
site plan (attached) indicates the area that has been used for parking.
This is in violation of Section 1305.27 Subd. 5 of the City Code.
. With the exception of additional signage, all other requirements of a home
occupation should be met.
I. C. FINANCIAL I
. The required fee for a CUP has been paid.
ID.
LEGAL
. Zoning:
. Land Use:
. Proposed:
. Comprehensive Plan:
. Notification:
within 350 feet
. Other Actions:
. Planning Commission:
. HRA:
Hearing Examiner:
I
C-2 (General Commercial)
Current: Single-family dwelling
Same
Office
Neighbors and property-owners
To be considered on November 27,2006
N/A
N/A
Stipulations of Approval:
. That the recipient of this CUP record the resolution with the County,
pursuant to Minnesota Statutes Section 462.36, Subdivision 1 and
Richfield Zoning Code 546.05, Subdivision 7.
. That any illegal signs be removed immediately and not replaced.
. That parking in the front yard cease immediately and that grass be
planted by May 1, 2007.
. That the tree stumps in the front yard area be ground to a depth of 1 foot
below ground level, resulting wood chips removed, and grass planted in
the disturbed area by May 1,2007.
. That with the exception of sign regulations, all of the following stipulations
regulating home occupations be met:
. That the home occupation be conducted as an accessory use to
the residential dwelling unit.
. No outside storage of products or materials or equipment
connected with the home occupation is permitted.
. Parking, structural alteration, lighting or similar facilities which
indicate use of the dwelling for purposes other than residential are
prohibited. Home occupations involving the need for more than
three outdoor parking spaces for the operators and customers are
prohibited. Parking must be provided on the premises, but no such
parking facilities shall be provided within any required front or side
yard, except upon an established driveway.
. Continuous retail sales of products on the premises are prohibited.
Occasional sales of products or other articles are permitted where
such sales are incidental to and not the primary purpose of the
home occupation.
. That signage be allowed in accordance with the following:
. Either one freestanding ground sign not to exceed 50 square feet in sign
area and 27 feet in height. A minimum vertical clearance of 14 feet is
required for any such sign located within 25 feet of any street or driveway
intersection or at any other location where pedestrian or vehicle traffic is
required to pass under the sign; OR
. Wall signage not to exceed 15 percent of the total wall area of the portion
of the wall of the building to which they are attached.
I IV. ALTERNATIVE RECOMMENDATION(S) I
. Approve the CUP with additional stipulations.
. Deny the CUP.
I V. ATTACHMENTS
. Resolution
. . Existing & proposed site plans
. Area land use and zoning maps
I VI. PRINCIPAL PARTIES EXPECTED AT MEETING
. Ms. Jenefer Morales, applicant
5--1
RESOLUTION NO.
RESOLUTION AUTHORIZING A
CONDITIONAL USE PERMIT TO ALLOW
A SINGLE-FAMILY DWELLING LOCATED AT 1407 66TH STREET EAST
IN THE C-2 (GENERAL COMMERCIAL) DISTRICT
WHEREAS, an application has been filed with the City of Richfield which requests a
conditional use permit to allow a single-family dwelling with an accessory home occupation
on land generally located at 1407 66th Street East, legally described as: .
That part of the North 125 feet lying West of the East 28.10 feet and East of the
West 104 feet of Block 2, Rich Fields.
WHEREAS, the Planning Commission of the City of Richfield has recommended
approval of this requested conditional use permit at 1407 66th Street East at its November
27,2006 meeting; and .
WHEREAS, this requested conditional use permit at 1407 66th Street East meets
those requirements necessary for issuing a conditional use permit as specified in
Richfield's Zoning Code, Section 546.05, subd.6; and
WHEREAS, the City has fully considered the request for approval of the conditional
use permit.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of
Richfield, Minnesota, as follows:
1. A conditional use permit is issued for a single-family dwelling, as described in
Staff Report No. , on the Subject Property legally described above.
2. This conditional use permit at 1407 66th Street East is subject to the following
conditions inaddition to those specified in Section 521.17 City's Zoning
Ordinance:
a) That the recipient of this conditional use permit record this resolution with the
County, pursuant to Minnesota Statutes section 462.36, Subdivision 1 and
Richfield Zoning Code 546.05, Subdivision 7;
b) That the operation of a home occupation with one non-resident employee
comply with the conditions specified in Section 511.21 of the City's Zoning
Ordinance, except as noted in (c);
c) That signage be allowed in accordance with one of the following:
. Either one freestanding ground sign not to exceed 50 square feet in sign
area and 27 feet in height. A minimum vertical clearance of 14 feet is
required for any such sign located within 25 feet of any street or driveway
intersection or at any other location where pedestrian or vehicle traffic is
required to pass under the sign; OR
. Wall signage not to exceed 15 percent of the total wall area of the portion
of the wall of the building to which they are attached.
3. That no vehicles park in the front yard area and that grass be planted in the area
identified on the site plan by May 1,2007;
112806 - CUP 1407 66th St E
5-d-
4. That the tree stumps in the front yard area be groundto a depth of 1 foot below
ground level, resulting wood chips removed, and grass planted in the disturbed
area by May 1, 2007; and
5. The conditional use permit shall remain in effect for so long as conditions
regulating it are observed, and the conditional use permit shall expire if normal
operation of the use has been discontinued for 12 or more months, as required
by the Zoning Ordinance, Section 546.05, Subd. 9.
Adopted by the City Council of the City of Richfield, Minnesota this 28th day of
November, 2006.
MartinJ. Kirsch, Mayor
ATTEST:
Nancy Gibbs, City Clerk
1407
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LAND USES OF PROPERTIES WITHIN 350 FEET
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NOVEMBER, 2006
AGENDA SECTION:
AGENDA ITEM #
REpORT #
RESOLUTIONS
6
251
STAFF REpORT
RIC3I-rt1FIEtb)
CITY COUNCIL MEETING
NOVEMBER 28, 2006
REpORT PREPARED By:
CHRIS REGIS, FINANCE MANAGER
NAME,. TInE
COUNCIL PRESENTER:
o
REVIEWED BY CITY MANAGER:
ITEM FOR COUNCIL CONSIDERATION:
Consideration of the resolution awarding the sale of $2,500,000 General Obligation Storm
Sewer Revenue Bonds, Series 2006B.
I. RECOMMENDED ACTION:
By Motion: Approval of the resolution awarding the sale of $2,500,000
General Obligation Storm Sewer Revenue Bonds, Series 2006B; fixing
their form and specifications; directing their execution and delivery;
and providina for their payment.
I II. BACKGROUND I
. On October 24, 2006, the City Council adopted a resolution providing for the
sale of General Obligation (G.O.) Storm Sewer Revenue Bonds, Series
2006B to provide funding for identified storm sewer projects.
. Bids on the G.O Storm Sewer Revenue Bonds are due in the offices of
Ehlers & Associates, Inc. on November 28,2006. A representative from
Ehlers & Associates, Inc. will be at the City Council meeting to recommend
the successful bidder and to review attached documents, and provide
information that is absent from the resolution and available only after the
bidding on the certificates has closed.
. Following Ehlers & Associates, Inc. recommendation, it would be appropriate
for the City Council to award the bond sale to the qualified buyer and
undertake other related actions as necessary as delineated in the approving.
resolution. The closing of the bonds is scheduled for the end of December
2006.
1128 GO Storm Sewer Revenue Bonds
I III. BASIS OF RECOMMENDATION I
I A. POLICY I
. The City Council approved the call for sale of the G.O. Storm Sewer
Revenue Bonds, Series 2006B at the October 24, 2006 City Council
meeting. '.
. The City has made the commitment to provide for the treatment and
disposal of storm water in the City.
. As part of the update. of the City's Comprehensive Storm Water
Management Plan, the City Council will review and adjust the capital
improvement storm water priorities.
lB. CRITICAL ISSUES I
. These projects have been identified as necessary, and in order to
proceed, funding is required through the issuance of a revenue bond.
I C. FINANCIAL I
. The total of the, G.O. Storm Sewer Revenue Bonds to be issued is
$2,500,000. '
. The total improvements before issuance costs is $2,440,000 and
include the following: .
o 1-35/64th Street Storm Sewer Upsizing $ 135,000
o Richfield Lake Improvement Project 650,000
o Au~sburg Pond Lift Station - 375,000
o 73 Street & 1st Avenue Storm Sewer 680,000
o City Maintenance Facility 600,000
. The debt service of the bonds will be paid from storm sewer revenues.
. Annual debt service is expected to average $195,080 over the life of
the bond.
. Storm Sewer utility rates for 2007 are proposed to increase by 3%
over 2006 rates. However, this proposed rate increase is not tied to
the issuance of the new debt. It is a result ()f anticipating increases in
operational costs of the utility. In fact, the actual debt service of the
new bonds will be approximately $25,000 less on an annual basis
than the current bond issue maturing February 1,2007.
I D. LEGAL I
. Legal counsel has been involved in the bond sale transaction as bond
counsel to the City.
I IV. ALTERNATIVE RECOMMENDATION(S) I
. The City Council may decide to not proceed with the award of sale for the
bonds or delay action until a future City Council meeting. However, both of
these alternatives would delay the identified storm sewer projects.
I V. ATTACHMENTS
. Resolution.
I VI. PRINCIPAL PARTIES EXPECTED AT MEETING I
. Sid Inman, Ehlers & Associates, Inc.
. Rebecca Kurtz, Ehlers & Associates, Inc.
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RESOLUTION NO.
A RESOLUTION AWARDING THE SALE OF $ GENERAL
OBLIGATION STORM SEWER BONDS,
SERIES 2006B; FIXING THEIR FORM AND SPECIFICATIONS;
DIRECTING THEIR EXECUTION AND DELIVERY;
AND PROVIDING FOR THEIR PAYMENT
BE IT RESOLVED By the City Council of the City of Richfield, Hennepin County,
Minnesota (the "City") as follows:
. Section 1.
Sale. of Bonds.
1. 0 1. It is determined that:
(a) the City Engineer has recommended the construction of various
improvements to the City's. water system, including 135/64th Street Storm Sewer
Up sizing, Richfield Lake Improvement Project, Augsburg Pond Lift Station, 73rd Street
and 1 st Avenue Storm Sewer and City Maintenance Facility (the "Project").
(b) the City is authorized by Minnesota Statutes, Section 444.075 (the "Act")
to issue and sell bonds to finance all or a portion of the cost of the construction,
enlargement and other improvements to its storm sewer system including mains, holding
areas and ponds, and other appurtenances and related facilities for the collection and
disposal of storm water (the "Facilities").
(c) the bonds authorized under the Act may be general obligations of the City
if the City Council in the resolution awarding the sale of the Bonds covenants that it will
impose rates and charges for the use of the Facilities at the times and in the amounts
required to produce, together with any other revenues pledged for payment of the Bonds,
net revenues (as defined by the Act) adequate to pay all principal and interest when due
on the Bonds.
(d) the City Engineer has informed this Council that contracts for the
construction and related costs of construction and improvements to the Facilities
(the "Costs") have been or will be incurred as follows:
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Proiect Designation & Description:
Total Proiect Cost
Total
$2,440,000
30,000
28,000
2.000
$2,500,000
Project Construction Fund
Underwriter's Discount
Costs ofIssuance
Rounding Amount
(e) it. is necessary and expedient to the. sQund.. financial management of the
affairs of the City to issue $ General Obligation Storm Sewer Bonds,
Series 2006B (the "Bonds") pursuant to the Act to provide financing for the Project.
1.02. The proposal of, (the "Purchaser") to
purchase $ General Obligation Storm Sewer Bonds, Series 2006B
(the "Bonds") of the City described in the Terms of Proposal thereof is found and determined to
be a reasonable offer and is accepted, the proposal being to purchase the Bonds at a price of
$ , plus accrued interest to date of delivery, for Bonds bearing interest as follows:
Year
Interest Rate
Year
Interest Rate
2008
2009
2010
2011
2012
2013
2014
2015
2016
2017
2018
2019
2020
2021
2022
2023
2024
2025
2026
2027
True interest cost:
1.03; The sumof$ , being the amount proposed by the Purchaser in excess
of $ , shall be credited to the Debt Service Fund established pursuant to Section
4.01(a) hereof or the Project Fund established pursuant to Section 4.01(b) hereof, as determined
by the City's Finance Manager in consultation with the City's financial advisor. The City
Finance Manager is directed to retain the good faith check of the Purchaser, pending completion
of the sale of the Bonds, and to return the good faith checks of the unsuccessful proposers. The
Mayor and City Manager are directed to execute a cQntract with the Purchaser on behalf of the
City.
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1.04. The City will forthwith issue and sell the Bonds pursuant to the Act, in the total
principal amount of $ , originally dated December 1, 2006, in the
denomination of $5,000 each or any integral multiple thereof, numbered No. R-l, upward,
bearing interest as. above set forth, and maturing serially on February 1 in the years and amounts
as follows:
Year Amount Year Amount
2008 2018
2009 2019
2010 2020
2011 2021
2012 2022
2013 2023
2014 2024
2015 2025
2016 2926
2017 2027
1.05. Optional Redemption. The City may elect on February 1, 2016, and on any day
thereafter to prepay Bonds due on or after February 1,2017. Redemption may be in whole or in
part and if in part, at the option of the City and in such manner as the City will determine. If less
than all Bonds of a maturity are called for redemption, the City will notify DTC (as defined in
Section 7 hereof) of the particular amount of such maturity to be prepaid. DTC will determine
by lot the amount of each participant's interest in such maturity to be redeemed and each
participant will then select by lot the beneficial ownership interests in such maturity to be
redeemed. Prepayments will be at a price of par plus accrued interest.
[1.06. Term Bonds. To be completed if Term Bonds are requested by the Purchaser.]
Section 2.
Registration and Payment.
2.01. Registered Form. The Bonds will be issued only in fully registered form. The
interest thereon and, upon surrender of each Bond, the principal amount thereof, is payable by
check or draft issued by the Registrar described herein.
2.02. Dates; Interest Payment Dates.' Each Bond will be dated as of the last interest
payment date preceding the date of authentication to which interest on the Bond has been paid or
made available for payment, unless (i) the date of authentication is an interest payment date to
which interest has been paid or made available for payment, in which case such Bond will be
dated as of the date of authentication, or (ii) the date of authentication is prior to the first interest
payment date, in which case such Bond will be dated as of the date of original issue. The interest
on the Bonds will be payable on February 1 and August 1 of each year, commencing August 1,
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2007, to the owner of record thereof as of the close of business on the fifteenth day of the
immediately preceding month, whether or not such day is a business day.
2.03. Registration. The City will appoint, and will maintain, a bond registrar, transfer
agent, authenticating agent and paying agent (the "Registrar"). The effect of registration and the
rights and duties of the City and the Registrar with respect thereto are as follows:
(a) Register. The~ Registrar must keep at its principal corporate trust office a
bond register in which the Registrar provides for the registration of ownership of Bonds
and the registration of transfers and exchanges of Bonds entitled to be registered,
transferred or exchanged. ~ .
(b) Transfer of Bonds. Upon surrender for transfer of a Bond duly endorsed
by the registered owner thereof or accompanied by a written instrument of transfer, in
form satisfactory to the Registrar, duly executed by the registered owner thereof or by an
attorney duly authorized by the registered owner in writing, the Registrar will
authenticate and deliver, in the name of the designated trC!llsferee or transferees, one or
more new Bonds of a like aggregate principal amount and maturity, as requested by the
transferor. The Registrar may, however, close the books for registration of any transfer
after the fifteenth day of the month preceding each interest payment date and until that
interest payment date.
( c) Exchange of Bonds. When Bonds are surrendered by the registered owner
for exchange the Registrar will authenticate and deliver one or more new Bonds of a like
aggregate principal amount and maturity as requested by the registered owner or the
owner's attorney in writing.
(d) Cancellation. Bonds surrendered upon transferor exchange will be
promptly cancelled by the Registrar and thereafter disposed of as directed by the City.
(e) Improper or Unauthorized Transfer. When a Bond is presented to the
Registrar for transfer, the Registrar may refuse to transfer the Bond until the Registrar is
satisfied that the endorsement on the Bond or separate instrument of transfer is valid and
genuine and that the requested transfer is legally authorized. The Registrar will incur no
liability for the refusal, in good faith, to make transfers which it, in its judgment, deems
improper or unauthorized.
(f) Persons Deemed Owners. The City and the Registrar may treat the person
in whose name a Bond is registered in the bond register as the absolute owner of the
Bond, whether the Bond is overdue or not, for the purpose of receiving payment of, or on
account of, the principal of and interest on the Bond and for all other purposes, and
payments so made to a registered owner or upon the owner's ordet: will be valid and
effectual to satisfy and discharge the liability upon the Bond to the extent of the sum or
. sums so paid.
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(g) Taxes. Fees and Charges. The Registrar may impose a charge upon the
owner thereof for a transfer or exchange of Bonds, sufficient to reimburse the Registrar
for any tax, fee or other governmental charge required to be paid with respect to the
transfer or exchange.
(h) Mutilated. Lost. Stolen or Destroyed Bonds. If a Bond becomes mutilatea
or is destroyed, stolen or lost, the Registrar will deliver a new Bond of like amount,
number, maturity date and tenor in exchange and substitution for and upon cancellation
of the mutilated Bond or in lieu of and in substitution for a Bond destroyed, stolen or lost,
upon the payment of the reasonable expenses and charg~softhe Registrar in Connection
therewith; and, in the case of a Bond destroyed, stolen or lost, upon . filing with the
Registrar of evidence satisfactory to it that the Bond was destroyed, stolen or lost, and of
the ownership thereof, and upon furnishing to the Registrar an appropriate bond or
indemnity in form, substance and amount satisfactory to it and as provided by law, in
which both the City and the Registrar must be named as obligees. Bonds so surrendered
to the Registrar will be cancelled by the Registrar and evidence of such cancellation must
be given to the City. If the mutilated, destroyed, stolen or lost Bond has already matured
or been called for redemption in accordance with its terms it is not necessary to issue a
new Bond prior to payment.
(i) Redemption. In the event any of the Bonds are called for redemption,
notice thereof identifying the Bonds to be redeemed will be given by the Registrar by
mailing a copy of the redemption notice by first class mail (postage prepaid) to the
registered owner of each Bond to be redeemed at.the address shown on the registration
books kept by the Registrar and by publishing the notice if required by law. Failure to
give notice by publication or by mail to any registered owner, or any defect therein, will
not affect the validity of the proceedings for the redemption of Bonds. Bonds so called
for redemption will cease to bear interest after the specified redemption date, provided
that the funds for the redemption are on deposit with the place of payment at that time.
2.04. Appointment of Initial Registrar. The City appoints Wells Fargo Bank, National
Association, Minneapoiis, Minnesota, as the initial Registrar. The Mayor and the City Manager
are authorized to execute and deliver, on behalf of the City, a contract with the Registrar. Upon
merger or consolidation of the Registrar with another corporation, if the resulting corporation is a
bank or trust company authorized by law to conduct such business, the resulting corporation is
authorized to act as successor Registrar. The City agrees to pay the reasonable and customary
charges of the Registrar for the services performed. The City reserves the right to remove the
Registrar upon 30 days' notice and upon the appointment of a successor Registrar, in which
event the predecessor Registrar must deliver all cash and Bonds in its possession to the successor
Registrar and must deliver the bond register to the successor Registrar. On or before each
principal or interest due date, without further order of this Council, the City Finance Manager
must transmit to the Registrar moneys sufficient for the payment of all principal and interest then
due.
6
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2.05. Execution. Authentication and Delivery. The Bonds will be prepared under the
direction of the City Manager and executed on behalf of the City by the signatures of the Mayor
and the City Manager, provided that all signatures may be printed, engraved or lithographed
facsimiles of the originals. If an officer whose signature or a. facsimile of whose signature
appears on the Bonds ceases to be such officer before the delivery of any Bond, the signature or
facsimile will nevertheless be valid and sufficient for all purposes, the same as if the officer had
remained in office until delivery. Notwithstanding such execution, a Bond will not be valid or
obligatory for any purpose or entitled to any security or benefit under this Resolution unless and
until a certificate of authentication on the Bond has been duly executed by the manual signature
of an authorized representative of the Registrar. . Certificates of authentication on different Bonds
need not be signed by the same representative. The executed certificate of authentication on a
Bond is conclusive ,evidence that it has been authenticated and delivered under this Resolution.
When the. Bonds have been so prepared, executed and authenticated, the City Manager will
deliver the same to the Purchaser upon payment of the purchase price in accordance with the
contract of sale heretofore made and executed, and the Purchaser is not obligated to see to the
application of the purchase price.
2.06. Temporary Bonds. The City may elect to deliver in lieu of printed definitive
Bonds one or more typewritten temporary Bonds in substantially the form set forth in Section 3
with such changes as may be necessary to reflect more than one maturity in a single temporary
bond. Upon the execution and delivery of definitive Bonds the temporary Bonds will be
exchanged therefor and cancelled.
Section 3.
Form of Bond.
3.01. The Bonds will be printed or typewritten in substantially the following form:
UNITEDSTATESOFAME~CA
STATE OF MINNESOTA
COUNTY OF HENNEPIN
CITY OF RICHFIELD
$
No.R-
GENERAL OBLIGATION STORM SEWER BOND,
SE~ES 2006B
Rate
Maturity
Date of
Original Issue
CUSIP
February 1,20_
December 1, 2006
7
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Registered Owner: Cede & Co.
The City of Richfield, Minnesota, a duly organized and existing municipal corporation in
Hennepin County, Minnesota (the "City"), acknowledges itself to be indebted and for value
received hereby promises to pay to the Registered Owner specified above or registered assigns,
the principal sum of $ on the maturity date specified above without option of prior
payment, with interest thereon from the date hereof at the annual rate specified above, payable
February 1 and August 1 in each year, commencing August 1,2007, to the person in whose name
this Bond is registered at the close of business on the fifteenth day (whether or not a business
day) of the immediately preceding month. The interest hereon and, upon presentation and
surrender hereof, the principal. hereof are payable in lawful money of the United States of
America by check or draft by Wells Fargo Bank, National Association, Minneapolis, Minnesota,
as Registrar, Paying Agent, Transfer Agent and Authenticating Agent, or its designated
successor under the Resolution described herein. For the prompt and full payment of such
principal and interest as the same respectively become due, the full faith and credit and taxing
powers of the City have been and are hereby irrevocably pledged.
The City may elect on February 1,2016, and on any day thereafter to prepay Bonds due
on or after February 1, 2017. Redemption may be in whole or in part and if in part, at the option
of the City and in such manner as the City will determine. If less than all Bonds of a maturity are
called for redemption, the City will notify Depository Securities Trust Company ("DTC") of the
particular amount of such maturity to be prepaid. DTC will determine by lot the amount of each
participant's interest in such maturity to be redeemed and each participant will then select by lot
the beneficial ownership interests in such maturity to be redeemed. Prepayments will be at a
price of par plus accrued interest.
The City Council has designated the Bonds as "qualified tax exempt obligations" within
the meaning of Section 265(b )(3) of the Internal Revenue Code of 1986, as amended
(the "Code") relating to disallowance of interest expense for financial institutions and within the
$10 million limit allowed by the Code for the calendar year of issue.
This Bond is one of an issue in the aggregate principal amount of $ all of like
original issue date and tenor, except as to number1 maturity date, redemption privilege, and
interest rate, all issued pursuant to a resolution adopted by the City Council on
November 28,2006 (the "Resolution"), for the purpose of providing money to aid in financing
various improvements to the storm sewer system of the City, pursuant to and in full conformity
with the home rule charter of the City and the Constitution and laws of the State of Minnesota,
including Minnesota Statutes, Section 444.075 and Chapter 475 and the principal hereof and
interest hereon are payable primarily from the net revenues of the storin sewer system of the City
in a special debt service fund of the City, as set forth in the Resolution to which reference is
made for a full statement of rights and powers thereby conferred. The full faith and credit of the
City are irrevocably pledged for payment of this Bond and the City Council has obligated itself
to levy ad valorem taxes on all taxable property in the City in the event of any deficiency in net
revenues pledged, which taxes may be levied without limitation as to rate or amount. The Bonds
8
4,-8
of this series are issued only as fully registered Bonds in denominations of $5,000 or any integral
multiple thereof of single maturities.
IT IS HEREBY CERTIFIED AND RECITED That in and by the Resolution, the City has
covenanted and agreed that it will continue to own and operate the storm sewer system free from
competition by other like utilities; that adequate insurance on said plant and system and suitable
fidelity bonds on employees will be carried; that proper and adequate books of account will be
kePt showing all receipts and disbursements relating to the Water and Storm Sewer Fund, into
which it will pay all of the gross revenues from the storm sewer system; that it will also create
and maintain a General Obligation Storm Sewer Bonds, Series 2006B Debt Service Fund, into
which itwill pay,outofthe net revenues fromthe storm sewer system a sum sufficient to pay
principal hereof and interest thereon when due; and that it will provide, by ad valorem tax levies,
for any deficiency in required net storm sewer system revenues.
As provided in the Resolution and subject to certain limitations set forth therein, this
Bond is transferable upon the books of the City at the principal office of the Registrar, by the
registered owner hereof in person or by the owner's attorney duly authorized in writing, upon
surrender hereof together with a written instrument of transfer satisfactory to the Registrar, duly
executed by the registered owner or the owner's attorney; and may also be surrendered in
exchange for Bonds of other authorized denominations. Upon such transfer or exchange the City
will cause a new Bond or Bonds to be issued in the name of the transferee or registered owner, of
the same aggregate principal amount, bearing interest at the same rate and maturing on the same
date, subject to reimbursement for any tax, fee or governmental charge required to be paid with
respect to such transfer or exchange.
The City and the Registrar may deem and treat the person in whose name this Bond is
registered as the absolute owner hereof, whether this Bond is overdue or not, for the purpose of
receiving payment and for all other purposes, and neither the City nor the Registrar will be
affected by any notice to the contrary.
IT IS HEREBY CERTIFIED, RECITED, COVENA~TED AND AGREED that all acts,
conditions and things required by the home rule charter of the City and the Constitution and laws
of the State of Minnesota to be done, to exist, to happen and to be performed preliminary to and
in the issuance of this Bond in order to make it a valid and binding general obligation of the City
in accordance with its terms, have been done, do exist, have happened and have been performed
as so required, and that the issuance of this Bond does not cause the indebtedness of the City to
exceed any constitutional, statutory or charter limitation of indebtedness.
This Bond is not valid or obligatory for any pUrpose or entitled to any security or benefit
under the Resolution until the Certificate of Authentication hereon has been executed by the
Registrar by manual signature of one of its authorized representatives.
IN WITNESS WHEREOF, the City of Richfield, Hennepin County, Minnesota, by its
City Council, has caused this Bond to be executed on its behalf by the facsimile or manual
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signatures of the Mayor and City Manager and has caused this Bond to be dated as of the date set
forth below.
Dated:
CITY OF RICHFIELD, MINNESOTA
(Facsimile)
Mayor
CERTIFICATE OF AUTHENTICATION
This is one of the Bonds delivered pursuant to the Resolution mentioned within.
WELLS FARGO BANK
National Association
By
Authorized Representative
The following abbreviations, when used in the inscription on the face of this Bond, will
be construed as though they were written out in full according to applicable laws or regulations:
TEN COM -- as tenants
III common
UNIF GIFT MIN ACT
(Cust)
Custodian
(Minor)
TEN ENT -- as tenants
by entireties
under Uniform Gifts or
Transfers to Minors
.
IT TEN -- as joint tenants with
right of survivorship and
not as tenants in common
Act .................................
(State)
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Additional abbreviations may also be used though not in the above list.
ASSIGNMENT
For value received, the undersigned hereby sells, assigns and transfers unto
the within Bond and all rights thereunder, and
does hereby irrevocably constitute and appoint attorney to
transfer the said Bond on the books kept for registration of the within Bond, with full power of
substitution in the premises.
Dated:
Notice: The assignor's signature to this assignment must correspond with the name as it
appears upon the face of the within Bond in every particular, without alteration or any change
whatever.
Signature Guaranteed:
NOTICE: Signature(s) must be guaranteed by a financial institution that is a member of the
Securities Transfer - Agent Medallion Program ("STAMP"), the Stock Exchange Medallion
Program ("SEMP"); the New York Stock Exchange, Inc. Medallion Signatures Program
("MSP") or other such "signature program" as may be determined by the Registrar in addition to,
or in substitution for, STAMP, SEMP or MSP, all in accordance with the Securities Exchange
Act of 1934, as amended.
The Registrar will not effect transfer of this Bond unless the information concerning the
assignee requested below is provided.
Name and Address:
(Include information for all joint owners if this
Bond is held by joint account.)
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Please insert social security or
other identifying number of assignee
PROVISIONS AS TO REGISTRATION
The ownership of the principal of and interest on the within Bond has been registered on
the books ofthe Registrarin the name ofthe person last noted below.
Date of Registration
Registered Owner
Signature of
Officer of Registrar
Cede & Co.
Federal ID #13-2555119
3.02. The City Manager will obtain a copy of the proposed approving legal opinion of
Kennedy & Graven, Chartered, Minneapolis, Minnesota, which will be complete except as to
dating thereof and will cause the opinion to be printed on or accompany each Bond.
Section 4.
Payment: Security: Pledges and Covenants.
4.01. (a) The City will create and continue to operate its Water and Storm Sewer
Fund to which will be credited all gross revenues of the storm sewer system described in Section
1.01 and out of which will be paid all normal and reasonable expenses of current operations of
the storm sewer system. Any balances therein are deemed net revenues and will be transferred,
from time to time, to a General Obligation Storm Sewer Bonds, Series 2006B Debt Service Fund
(the "Debt Service Fund") hereby created in the Water and Storm Sewer Fund, which fund will
be used only to pay principal of and interest on the Bonds 'and any other bonds similarly
authorized. There will always be retained in the Debt Service Fund a sufficient amount to pay
principal of and interest on all the Bonds, and the City Manager must report any current or
anticipated deficiency in the Debt Service Fund to the City Council. There is appropriated to the
Debt Service Fund all capitalized interest financed from Bond proceeds, if any, any amount over
the minimum purchase price of the Bonds paid by the Purchaser to the extent designated for
deposit to the Debt Service Fund in accordance with Section 1.03 hereof, and all accrued interest
paid by the Purchaser upon closing and delivery of the Bonds.
(b) The proceeds of the Bonds, less the appropriations made in paragraph (a),
together with any other funds appropriated during the construction of the Project financed by the
Bonds, will be deposited in a separate project fund (the "Project Fund") to be used solely to
defray expenses of the Project and the payment of principal and interest on the Bonds prior to the
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completion and payment of all costs of the Project. When the Project is completed and the cost
thereof paid, the Project Fund is to be closed and any balance therein is to be deposited in the
Debt Service Fund.
4.02. The City Council covenants and agrees with the holders of the Bonds that so long
as any of the Bonds remain outstanding and unpaid, it will keep and enforce the following
covenants and agreements:
(a) The City will continue to maintain and efficiently operate the storm sewer
system as public utilities and conveniences free from competition of other like utilities
and will cause all revenues therefrom to be deposited in bank accounts and credited to the
storm sewer system accounts as hereinabove provided, and will make no expenditures
from those accounts except for a duly authorized purpose and in accordance with this
resolution.
(b) The City will also maintain the Debt Service Fund as a separate account in
the Water and Sewer Fund and will cause money to be credited thereto from time to time,
out of net revenues from the storm sewer plant and system in sums sufficient to pay
principal of and interest on the Bonds when due.
(c) The City will keep and maintain proper and adequate books of records and
accounts separate from all other records of the City in which will be complete and correct
entries as to all transactions relating to the storm sewer system and which will be open to
inspection and copying by any bond holder, or the holder's agent or attorney, at any
reasonable time, and it will furnish certified transcripts therefrom upon request and upon
payment of a reasonable fee therefor, and said account will be audited at least annually by
a qualified public accountant and statements of such audit and report will be furnished to
all bondholders upon request.
(d) The City Council will cause persons handling revenues of the storm sewer
system to be bonded in reasonable amounts for the protection of the City and the
bondholders and will cause the funds collected on account of the operations of the storm
sewer system to be deposited in a bank whose deposits are guaranteed under the Federal
Deposit Insurance Law.
(e) The Council will keep the storm sewer system insured at all times against
loss by fire, tornado and other risks customarily insured against with an insurer or
insurers in good standing, in such amounts as are customary for like plants, to protect the
holders, from time to time, of the Bonds and the City from any loss due to any such
casualty and will apply the proceeds of such insurance to make good any such loss.
(f) The City and each and all of its officers will punctually perform all duties
with reference to the storm sewer system as required by law.
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(g) The City will impose and collect charges of the nature authorized by
Minnesota Statutes, section 444.075 at the times and in the amounts required to produce,
net revenues adequate to pay all principal and interest when due on the Bonds and to
create and maintain such reserves securing said payments as may be provided in this
resolution.
(h) The City Council will levy general ad valorem taxes on all taxable
property in the City, when required to meet any deficiency in net revenues.
4.03. It is hereby determined that the estimated collection of net revenues for the
payment of principal and interest on the Bonds will produce atleast five percent in excess ofthe
amount needed to meet, when due, the principal and interest payments on the Bonds and that no
tax levy is needed at this time.
4.04. The City Manager is authorized and directed to file a certified copy of this
resolution with the Taxpayer Services Division Manager of Hennepin County and to obtain the
certificate required by Minnesota Statutes, Section 475.63.
Section 5.
Authentication of Transcript.
5.01. The officers of the City are authorized and directed to prepare and furnish to the
Purchaser and to the attorneys approving the Bonds, certified copies of proceedings and records
of the City relating to the Bonds and to the financial condition and affairs of the City, and such
other certificates, affidavits and transcripts as may be required to show the facts within their
knowledge or as shown by the books and records in their custody and under their control,
relating to the validity and marketability of the Bonds, and such instruments, including any
heretofore furnished, will be deemed representations of the City as to the facts stated therein.
5.02. The Mayor, City Manager and Finance Manager are authorized and directed to
certify that they have examined the Official Statement prepared and circulated in connection
with the issuance and sale of the Bonds and that to the best of their knowledge and belief the
Official Statement is a complete and accurate representation of the facts and representations
made therein as of the date of the Official Statement.
5.03. The City authorizes the Purchaser to forward the amount of Bond proceeds
allocable to the payment of issuance expenses (other than amounts payable to Kennedy &
Graven, Chartered as Bond Counsel) to u.S. Trust Company, Minneapolis, Minnesota on the
closing date for further distribution as directed by the City's financial adviser, Ehlers &
Associates, Inc.
Section 6.
Tax Covenant.
6.01. The City covenants and agrees with the holders from time to time of the Bonds
that it will not take or permit to be taken by any of its officers, employees or agents any action
14
t,-I ~
which would cause the interest on the Bonds to become subject to taxation under the Internal
Revenue Code of 1986, as amended (the "Code"), and the Treasury Regulations promulgated
thereunder, in effect at the time of such actions, and that it will take or cause its officers,
employees or agents to take, all affirmative action within its power that may be necessary to
ensure that such interest will not become subject to taxation under the Code and applicable
Treasury Regulations, as presently existing or as hereafter amended and made applicable to the
Bonds.
6.02. The City will comply with requirements necessary under the Code to establish
and maintain the exclusion from gross income of the interest on the Bonds under Section 103 of
the Code, including without limitation. requirements ... relating to temporary periods. for
investments, limitations on amounts invested at a yield greater than the yield on the Bonds, and
the rebate of excess investment earnings to the United States.
6.03. The City further covenants not to use the proceeds of the Bonds or to cause or
permit them or any of them to be used, in such a manner as to cause the Bonds to be "private
activity bonds" within the meaning of Sections 103 and 141 through 150 of the Code.
6.04. In order to qualify the Bonds as "qualified tax-exempt obligations" within the
meaning of Section 265(b )(3) of the Code, the City makes the following factual statements and
representations:
(a) the Bonds are not "private activity bonds" as defined in Section 141 ofthe
Code;
(b) the City designates the Bonds as "qualified tax-exempt obligations" for
purposes of Section 265(b)(3) of the Code;
(c) the reasonably anticipated amount of tax-exempt obligations (other than
private activity. bonds, that are not qualified 501(c)(3) bonds) which will be issued by the
City (and all subordinate entities of the City) during calendar year 2006 will not exceed
$10,000,000; and
(d) not more than $10,000,000 of obligations issued by the City during
calendar year 2006 have been designated for purposes of Section 265(b )(3) of the Code.
6.05. The City will use its best efforts to comply with any federal procedural
requirements which may apply in order to effectuate the designations made by this section.
Section 7.
Book-Entry System; Limited Obligation ofCitv.
7.01. The Bonds will be initially issued in the form of a separate single typewritten or
printed fully registered Bond for each of the maturities set forth in Section 1.03 hereof. Upon
initial issuance, the ownership of each Bond will be registered in the registration books kept by
15
10-, s
the Registrar in the name of Cede & Co., as nominee for The Depository Trust Company, New
York, New York, and its successors and assigns ("DTC"). Except as provided in this section, all
of the outstanding Bonds will be registered in the registration books kept by the Registrar in the
name of Cede & Co., as nominee ofDTC.
7.02. With respect to Bonds registered in the registration books kept by the Registrar in
the name of Cede & Co., as nominee of DTC, the City, the Registrar and the Paying Agent will
have no responsibility or obligation to any broker dealers, banks ~d other financial institutions
from time to time for which DTC holds Bonds as securities depository (the "Participants") or to
any other person on behalf of which a Participant holds an interest in the Bonds, including but
not limited to any responsibilityorobligation withrespectto (i) the accuracy oftherecords of
DTC, Cede & Co. or any Participant with respect to any ownership interest in the Bonds, (ii) the
delivery to any Participant or any other person (other than a registered owner of Bonds, as shown
by the registration books kept by the Registrar,) of any notice with respect to the Bonds,
including any notice of redemption, or (iii) the payment to any Participant or any other person,
other than a registered owner of Bonds, of any amount with respect to principal of, premium, if
any, or interest on the Bonds. The City, the Registrar and the Paying Agent may treat and
consider the person in whose name. each Bond is registered in the registration books kept by the
Registrar as the holder and absolute owner of such Bond for the purpose of payment of principal,
premium and interest with respect to such Bond, for the purpose of registering transfers with
respect to such Bonds, and for all other purposes. The Paying Agent will pay all principal of,
premium, if any, and interest on the Bonds only to or on the order of the respective registered
owners, as shown in the registration books kept by the Registrar, and all such payments will be
valid and effectual to fully satisfy and.discharge the City's obligations with respect to payment
of principal of, premium, if any, or interest on the Bonds to the extent of the sum or sums so
paid. No person other than a registered owner of Bonds, as shown in the registration books kept
by the Registrar, will receive a certificated Bond evidencing the obligation of this resolution.
Upon delivery by DTC to the City Manager of a written notice to the effect that DTC has
determined to substitute a new nominee in place of Cede & Co., the words "Cede & Co.," will
refer to such new nominee of DTC; and upon receipt of such a notice, the City Manager will
promptly deliver a copy of the same to the Registrar and Paying Agent.
7.03. Representation Letter.. The City has heretofore executed and delivered to DTC a
Blanket Issuer Letter. of Representations (the "Representation Letter") which will govern
payment of principal of, premium, if any, and interest on the Bonds and notices with respect to
the Bonds. Any Paying Agent or Registrar subsequently appointed by the City with respect to
the Bonds will agree to take all action necessary for all representations of the City in the
Representation letter with respect to the Registrar and Paying Agent, respectively, to be
complied with at all times.
7.04. Transfers Outside Book-Entry System. In the event the City, by resolution ofthe
City Council, determines that it is in the best interests of the persons having beneficial interest, in
the Bonds that they be able to obtain Bond certificates, the City will notify DTC, whereupon
DTC will notify the Participants, of the availability through DTC of Bond certificates. In. such
16
{p -l{p
event the City will issue, transfer and exchange Bond certificates as requested by DTC and any
other registered owners in accordance with the provisions of this Resolution. DTC may
determine. to discontinue providing its services with respect to the Bonds at any time by giving
notice to the City and discharging its responsibilities with respect thereto under applicable law.
In such event, if no successor securities depository is appointed, the City will issue and the
Registrar will authenticate Bond certificates in accordance with this resolution and the provisions
hereof will apply to the transfer, exchange and method of payment thereof.
7.05. Payments to Cede & Co. Notwithstanding any other provision of this Resolution
to the contrary, so long as a Bond is registered in the name of Cede & Co., as nominee of DTC,
payments with respect to principal of, premium, if any, and interest on the Bond and notices with
respect to the Bond will be made and given, respectively in the manner provided in DTC's
Operational Arrangements, as set forth in the Representation Letter.
Section 8.
Continuing Disclosure.
8.01. The City hereby covenants and agrees that it will comply with and carry out all of
the provisions of the Continuing Disclosure Certificate. Notwithstanding any other provision of
this Resolution, failure of the City to comply with the Continuing Disclosure Certificate is not to
be considered an event of default with respect to the Bonds; however, any Bondholder may take
such actiqns as may be necessary and appropriate, including seeking mandate or specific
performance by court order, to cause the City to comply with its obligations under this section.
8.02. "Continuing Disclosure Certificate" means that certain Continuing Disclosure
Certificate executed by the Mayor and City Manager and dated the date of issuance and delivery
of the Bonds, as originally executed and as it may be amended from time to time in accordance
with the terms thereof.
Section 9. Defeasance. When all Bonds and all interest thereon, have been discharged
as provided in this section, all pledges, covenants and other rights granted by this resolution to the
holders of the Bonds will cease, except that the pledge of the full faith and credit of the City for the
prompt and full payment of the principal of and interest on the Bonds will remain in full force and
effect. The City may discharge all Bonds which are due on any date by depositing with the
Registrar on or before that date a sum sufficient for the payment thereof in full. If any Bond should
not be paid when due, it may nevertheless be discharged by depositing with the Registrar a sum
sufficient for the payment thereof in full with interest accrued to the date of such deposit.
(The remainder of this page is intentionally left blank.)
.
17
(p--/'7
Passed and adopted this
day of
, 2006.
CITY OF RICHFIELD, MINNESOTA
Mayor
City Manager
Attest:
City Clerk
18
&-1 y
The motion for the adoption of the foregoing resolution was duly seconded by Member
, and upon vote being taken thereon, the following voted in favor
thereof:
and the following voted against the same:
whereupon said resolution was declared duly passed and adopted.
19
.
0-ICf
STATE OF MINNESOTA )
)
COUNTY OF HENNEPIN ) ss.
)
CITY OF RICHFIELD )
I, the undersigned, being the duly qualified and acting Clerk of the City of Richfield,
Hennepin County, Minnesota, do hereby certify that I have carefully compared the attached and
foregoing extract of minutes of a regular meeting of the City Council of the City held on
Tuesday, November 28,2006, with the original minutes on file in my office and the extract is a
full, true and correct copy of the minutes insofar as they relate to the issuance. and sale of
$
General Obligation Storm Sewer Bonds, Series 2006B ofthe City.
WITNESS My hand officially as such City Clerk and the corporate seal of the City this
day of
,2006.
City Clerk
Richfield, Minnesota
(SEAL)
301543vl(JAE)
RC145-575
AGENDA SECTION:
AGENDA ITEM #
REpORT #
RESOLUTIONS
7
252
......
STAFF REpORT
RICHFIELD
CITY COUNCIL MEETING
NOVEMBER 28, 2006
REpORT PREPARED By:
BRUCE NORDQUIST, HOUSING AND
REDEVELOPMENT~NAGER
NAME, TITLE
COUNCIL PRESENTER:
DEP ARTMENT DIRECTOR
REVIEW:
Er
d
~:])
REVIEWED BY CITY
~NAGER:
ITEM FOR COUNCIL CONSIDERATION:
Consideration of a resolution regarding programming Federal Community Development Block
Grant funds for property acquisition.
1. RECOMMENDED ACTION:
By Motion: Approve the resolution reallocating $200,000 in
Community Development Block Grant Rehabilitation funds to
property acquisition activities.
I II. BACKGROUND I
In 2008 the partnership of the U.S. Department of Housing and Urban Development
(HUD), Hennepin County, the City of Richfield and the Richfield Housing and
Redevelopment Authority (HRA) will reach 30 years of administering Federal
Community Development Block Grant (CDBG) programs. Two of the HRA's core
programs have been available during that time:
· The Deferred Rehabilitation Loan Program; funding repairs of homes owned
by low income families and elderly.
. The New Home Program; the acquisition and clearance of substandard.
homes followed by the construction of new homes for first time buyers with
lower incomes.
112806 CDBG
Annually, the City also authorizes the maximum amount of CDBG funding allowed
for social service programs. Programs include H.O.M.E. (Home and Outdoor
Maintenance for the Elderly), Greater Minneapolis Day Care, and C.A.S.H.
(Community Action for South Hennepin).
The HRA has recently been approached by willing sellers interested in selling their
sl!bstandard homes. To provide sufficient funding, it is proposed that Rehabilitation
Program funds be shifted and used for affordable new home development.
Every year during February, the HRA and City consider CDBG funding for housing
program purposes. About $200,000 is available annually for housing. The last two
years, due to federal funding cuts, it was determined to prioritize rehabilitation:
. The City of Richfield was receiving about $100,000 more annually.
. Substandard homes had not been recently offered to the HRA.
. The cost of acquisition had risen such that CDBG funding was insufficient to
fund both acquisition and rehabilitation.
. Staff was directed to identify other sources of funds for acquisition.
However, this fall:
. Approximately four owners have made contact with the HRA and are
considering selling.
. In 2006 the HRA has received approximately $100,000 in repayment of past
Rehabilitation Loans. The funds are automatically added to the
Rehabilitation program, adding program capacity beyond the anticipated
budget.
. Rehabilitation needs, approximately 20 clients, are being fully funded and
there are sufficient resources for additional assistance prior to receiving a
new allocation of CDBG funds in 2007.
. Hennepin County and Habitat for Humanity have identified other resources
that could be combined with CDBG to assist Richfield in covering the cost of
acquisition, allowing two or three of the property offers to be purchased.
The shifting of funds between two program areas, called reprogramming, is allowed
by HUD and Hennepin County following consideration at a City Council meeting. A
public hearing is not required. Members of the public are requested to respond in
writing to either or both Hennepin County and the City of Richfield.
..1 III. BASIS OF RECOMMENDATION I
I A. POLICY I
. The HRA has agreements with the City, Hennepin County, and HUD
to receive CDBG funds for housing program purposes.
. A process established by HUD allows the funds to be shifted from a
rehabilitation program to a property acquisition program upon review
by the HRA, City Council and Hennepin County. The HRA supported
the shift on October 16. The County is scheduled to consider the shift
on December 12.
. An opportunity to fund the acquisition of property and develop new
homes for first time buyers is an eligible use of funds if resources are
sufficient to also meet rehabilitation needs.
. In the past, the HRA administered both activities on an annual basis.
I B. CRITICAL ISSUES I
. The City Council and Hennepin County are scheduled to consider the
proposal, as sellers are presently interested.
. CDBG resources have been insufficient the last two years to budget to
acquire substandard properties for the New Home Program.
. Reprogramming provides sufficient resources without impacting
present needs.
. The timely expenditure of CDBG funds is an administrative
requirement. With the recent loan repayments now made available,
the funds would be used promptly by reprogramming.
. The reprogramming would not affect funding allocated to social
service programs.
I C. FINANCIAL I
. The HRA budget plans for both Rehabilitation and New Home
Program activities in 2007. The budget for New Home projected one
or two homes given no CDBG funds being available.
. The additional resources made available by reprogramming for
property acquisition will allow some of that activity to begin in late
2006 and more properties to be considered.
. Rehabilitation needs of present clients and anticipated clients can be
fully met.
. The City Council will consider 2007/2008 funding in February.
I D. LEGAL I
. The contracts and HUD procedures allow reprogramming.
. The process of reprogramming does not require a public hearing.
I IV. ALTERNATIVERECOMMENDATION(S) I
. Do not approve of the reprogramming of funds.
. Transfer more or less funds. However, this would leave the Rehabilitation or
New Home Programs short of the amount of funds that best match
anticipated programactivity.
. Delay consideration.
I V. ATTACHMENTS
. Resolution
I VI. PRINCIPAL PARTIES EXPECTED AT MEETING I
. A standard form notice formulated by HUD for reprogramming of funds to be
used in this situation was published on November 9 and announces the
scheduled City Council consideration of this matter. The public is to respond
with written comments directed to the City of Richfield and/or Hennepin
County. Any comments received would be forwarded to Hennepin County
for the scheduled December 12th meeting.
'7-(
RESOLUTION NO.
RESOLUTION TO REALLOCATE URBAN HENNEPIN COUNTY COMMUNITY
DEVELOPMENT BLOCK GRANT FUNDS AND AUTHORIZE EXECUTION OF ANY
THIRD PARTY AGREEMENTS
WHEREAS, the City of Richfield through execution of a Joint Cooperation
Agreement with Hennepin County, is a subrecipient community in the Urban Hennepin
County Community Development Block Grant Program; and
WHEREAS, pursuant to the Subrecipient Agreement between the City of Richfield
and Hennepin County, the City agrees to assume certain responsibilities for the utilization
of Community Development Block Grant funds; and
WHEREAS the City of Richfield would now like to reallocate Community
Development Block Grant funds previously allocated to the City pursuant to the
Subrecipient Agreement.
NOW, THEREFORE, BE IT RESOLVED, that the City Council ofthe City of
Richfield, Minnesota approves the reallocation of Community Development Block Grant
funds by reallocating $200,000 from the Rehabilitation project and allocating $200,000 to
the New Scattered site project(s).
BE IT FURTHER RESOLVED, that the City Council hereby authorizes and directs
the Mayor and its City Manager to execute any required Agreements on behalf of the City,
if such an agreement is required.
Adopted by the City Council of the City of Richfield, Minnesota this 28th day of
November, 2006.
Martin J. Kirsch, Mayor
ATTEST:
Nancy Gibbs, City Clerk
112806 CDSG
AGENDA SECTION:
AGENDA ITEM #
. REpORT #
PROP. ORDINANCE
8
253
STAFF REpORT
RICPlFIELD
CITY COUNCIL MEETING
NOVEMBER 28, 2006
REpORT PREPARED By:
. STEVEN L. DEVICH, CITY MANAGER
NAME, TITLE
COUNCIL PRESENTER:
REVIEWED BY CITY
MANAGER:
ITEM FOR COUNCIL CONSIDERATION:
Consideration of second reading of the ordinance amending Section 210.01, Subdivision 5 of
Richfield City Code related to City Council salarv review;
I. RECOMMENDED ACTION:
By motion: Approve second reading of the ordinance amending
Section 210.01, Subdivision 5 related to City Council salary review.
I II. BACKGROUND I
Chapter II, Section 210 of the City ordinance establishes the salaries of the City
Council. Section 210.01, Subdivision 5 provides that the salaries of the Council
Members be reviewed by December 1 of each year in which a municipal election is
held.
It is recommended that Subdivision 5 be revised to have the salary review by May 1,
instead December 1 in a year in which an election for municipal office is held. This
provides an opportunity for the City Council to review their salaries during the next
year's budget preparation process. It also ensures that the salary review process,
including any subsequent ordinance revision, is completed before the election is held so
that the salaries may be effective in the year following the election.
First reading was conducted on November 14, 2006 and second reading of the
proposed ordinance was scheduled for November 28,2006.
1128alaries
I III. BASIS OF RECOMMENDATION I
I A. POLICY I
. Chapter II, Section 210 of the City Code establishes the salaries of the City
Council and provides that the salaries of the Council Members be reviewed
each year in which an election is held.
. The City Charter stipulates that City Council salaries may be adjusted only by
ordinance.
I B. CRITICAL ISSUES I
. A public hearing is not required per State Statute or City Charter.
Ic. FmANC~ I
. The City Council will not receive a salary adjustment in 2007 and 2008. Their
salary will remain at the 2006 rate.
. The nextsalary adjustmentwill be considered in 2008, by May 1, to be
effective January 1, 2009. At that time, the City Council may wish to
consider that council salaries have not been increased for two years.
ID.
LEGAL
. N/A
-I
I IV. ALTERNATIVE RECOMMENDATION(S) I
. The Council could defer action on this item to a future meeting.
. Do not approve second reading of the ordinance and take no further action.
I V. ATTACHMENTS
. Proposed ordinance.
I VI. PRINCIPAL PARTIES EXPECTED AT MEETmG
. None.
8 -'{
BILL NO.
AMENDMENT TO SECTION 210
OF THE ORDINANCE CODE OF
THE CITY OF RICHFIELD
THE CITY OF RICHFIELD DOES ORDAIN:
Section 210 of the ordinance code of the City of Richfield is hereby amended by
amending Subsection 210.01, subdivision 5 to read as follows:
Subd 5. Salary review. The council shall review the salaries set by this
section by nE"('E"mber Mav 1 in each year in which an election is held pursuant to
section 2000fthis code. An ordinance amendino the salaries as established in
this section must not take effect until after the next succeedino municipal
election.
Passed by the City Council of the City of Richfield, Minnesota this 28th day of
November, 2006. ~
Martin J. Kirsch, Mayor
ATTEST:
Nancy Gibbs, City Clerk
AGENDA SECTION:
AGENDA ITEM #
REpORT #
OTHER BUSINESS
9
254
STAFF REpORT
CITY COUNCIL MEETING
NOVEMBER 28, 2006
REpORT PREPARED By:
JIJV[ TOPITZHOFER, RECREATION SERVICES
DIRECTOR
NAME, TITLE
COUNCIL PRESENTER:
NAME, TITLE
DEPARTMENT DIRECTOR REVIEW: E:r'
REVIEWED BY CITY MANAGER:
ITEM FOR COUNCIL CONSIDERATION:
Consideration of approval of the Richfield Veterans Memorial Concept Plan and authorize the
Veterans Memorial Committee to proceed with advertisinQ for the sale of enaravinQs.
I. RECOMMENDED ACTION:
By Motion: Approve the Richfield Veterans Memorial Concept Plan
and authorize the Veterans Memorial Committee to proceed with
advertising for the sale of engravings.
I II. BACKGROUND I
The Richfield Arts Commission and the Community Services Commission have
been working jointly on the planning of a proposed veterans memorial to be located
in Veterans Memorial Park. Several members from each Commission have joined
with representatives from. VFW Post 5555 and the Richfield American Legion Post
435 to form a committee to begin this planning work. The group is lead by Richfield
resident Travis Gorshe, Arts Commission member and chiefdesigner of the
memorial. The Committee evaluated the site to determine a location and developed
a design, promotion plan, budget, funding plan, and phasing schedule, which is
outlined in the attached summary.
1128 Vets Memorial Concept
I III. BASIS OF RECOMMENDATION I .
I A. POLICY I
. The Veterans Memorial Committee is requesting approval of the
attached concept plan and authorization to proceed with advertising
the sale of engravings as the main source of funding for the project.
. The Veterans Memorial Committee has scheduled a public meeting on
January 11,2007, to solicit feedback from residents.
I B. CRITICAL ISSUES I
. The goal of the Committee is to complete phase one of the project by
July 2008, so that the unveiling can be incorporated into the City's
Centennial Celebration. To keep the project on schedule, the group
must begin advertising for the sale engravings in the near future.
I C. FINANCIAL I
. The funding plan has been carefully timed to reduce financial risk to
the City. The bulk of funding will come from the sale of engravings
that are placed on granite tablets as part of the memorial. With
Council approval, the Committee will attempt to sell 480 engravings
by June 1, 2007, and secure all funding for phase one of the project
before proceeding with the submittal of any construction contracts.
. Funding for the memorial in the amount of $15,000 has been
included in the proposed 2007 Capital Improvement Budget.
I D. LEGAL
. None
I ALTERNATNE RECOMMENDATION(S)
. None
I IV. ATTACHMENTS I
. Richfield Veterans Memorial Concept Plan
. StarTribune article, The Last of the Flag Raisers (October 26,2006)
. Richfield Sun Current article, Richfield Group Seeks to Put Memorial in
Veterans Memorial Park (June 14, 2006)
I V. PRINCIPAL P AR.TIES EXPECTED AT MEETING I
. Travis Gorshe, Veterans Memorial Committee Chair
. Len Gudmunson, Commander, VFW Post 5555
. Glen Rasmusson, Commander, Richfield American Legion Post 435
. Other members of VFW Post 5555, American Legion Post 435 and the
Veterans Memorial Committee
q-I
VETERANS MEMORIAL CONCEPT PLAN
November 28, 2006
Location - The proposed location for the Veterans Memorial is in Veterans Memorial Park in
the open area adjacent to the north parking area of American Legion (see attached site map)"
General Description - The Memorial will be built in two stages.
Phase 1 - The memorial will be built on a circular area about 50 feet in diameter made of
brick pavers. The following items will be placed within the paver area:
. The Memorial will feature a bronze statue of Charles Lindberg, last surviving member
of the team of US Marines that first raised the American flag on Japanese soil during
the Battle of Iwo Jima of World War II. The life-size bronze bust will be mounted in
lava rock imported from the Island of Iwo Jima and placed on a granite pedestal.
. Three lighted flagpoles, will display flags of the United States, State of Minnesota,
and Prisoners of War. The height of the tallest flagpole will be approximately 20 feet.
. Four granite tablets (6 feet high, 3 feet wide, 8 inches deep each) will include
engravings of the names of veterans, for a fee, as a funding source for the cost of
the Memorial. The Memorial will welcome the engravings of all veterans that were
honorably discharged in service to the United States.
. The site will include park benches, security lighting, and some low maintenance
landscaping. Bituminous pathways will be constructed to connect the Memorial to
the American Legion parking lot and the existing trail system within the Park.
Phase II - The sale of engravings placed upon additional granite tablets will provide
funding for the second phase of the project featuring the following elements:
. The Memorial will feature six granite columns to honor each branch of the US Military
Branches - Army, Marines, Navy, Air Force, Coast Guard and Merchant Marine.
Each column will include a granite lining to support a plaque identifying each branch.
Two reflecting glass lenses, about 2 feet in diameter, will bridge the columns. The
purpose of the glass lenses are to reflect sunlight in such a manner as to shed
sunlight from one end of the memorial to the other, symbolizing that veterans are not
forgotten. The glass lenses also creates an interactive component to the Memorial,
which in turn may attract fine arts grants.
Site Plan - The site will be graded with a slight downward slope. An eight-foot bituminous path
will be constructed to connect the Memorial to the Legion parking lot, the Farmers Market
parking lot and the park trail system. The site will include park benches, security lighting, and
some low maintenance landscaping. An electric outlet will be added to accommodate audio
equipment for ceremonies.
q-;L
Promotion Plan
. Brochure - A brochure will be designed to articulate the attributes of the Memorial
and will focus on the solicitation of engravings and donations. The brochure will be
distributed to all inquires, sent to all Richfield VFW and American Legion members,
and will be available at all fundraising events.
. A web-site will be established to promote the Memorial and to solicit donations and
engravings. The existing on-line registration software currently used by the
Recreation Department will aid the sale of engravings.
. Promotion DVD - A power point presentation will be developed to assist in speaking
events and can be given to prospective supporters.
. Advertising - Ads will be purchased in Leatherneck magazine, Star Tribune, Pioneer
Press, and on cable television to solicit engravings and donations.
. The City will promote the Memorial in all the media outlets currently used. Regular
updates will be sent to the SunCurrent and to donors through a newsletter. The
Public Relations Branch of the US Marines Corp will promote the Memorial on a
National basis. The Richfield VFW and Richfield Legion will help to provide the
names of veterans that still or once lived in Richfield.
Phasing PlanlTime Line - The first phase of the project will include the walking path, circular
plaza, pillar and tablet foundations, four tablets, the bronze statue and the flagpoles. All funding
will be secured in advance of signing construction contracts, including the sale of 480
engravings at $425 each engraving.
The columns, lenses, and. remaining tablets can be install at a later date when additional
engravings and donations are received.
The basic project time line is as follows:
. Concept approval by Community Services Commission
. Arts Commission approval of concept
. Council approval of concept
. Complete Web-site and begin advertising the sale of
Engravings and donations
. Construction documents and specifications for site work
. Bid out site grading, paths, pavers and foundations
. Site work
. Deadline for minimum engraving sale (480)
. Begin bronze molding process
. Construction documents and specifications for the remainder
of phase one
. Bid out remainder of first phase of memorial
. Begin construction of memorial
. Complete construction. of Memorial
. Opening Ceremony
7/06
8/06
11/06
1/07
2/07
4/07
6/07
6/07
7/07
10/07
12/07
4/08
6/08
7/08
q--3
Funding Plan (Pha I) - The majority of funding for the Memorial'will come from the sale of
engravings complimented by other funding sources:
. Engravings - 480 engravings (20 letters) @ $425
less engraving cost @$20 per engraving
$204,000
($9,600)
. City of Richfield
$15,000
$10,000
. VFW
. American Legion
not confirmed
. Donations
$7,000
. Fundraisers
Pig Roast and Auction
Sale of Prints
Other
Total Funding
$20,000
$2,000
$2,000
$250,400
Open Ceremony - July 2, 2008 is the target date. Incorporate opening ceremony in City's
Centennial and 4th of July Event.
q,-L{
RICHFIELD VETERANS MEMORIAL BUDGET
COSTS - Phase I
Sculpture
Bronze Bust $ 60,000
Rock $ 17,000
Granite Pedestal $ 65,000
Total Sculpture $ 142,000
Tablets (4 @ $7,000 per tablet) $ 28,000
Site Improvements
50" Diameter Patio (1,960 ft2 @ $17 per ft2) $ 33,320
8 ft bit. pathway (360 ft @ $30 per linear feet) $ 10,800
Park Benches (6 x $480 per bench) $ 2,880
Electrical (flag, street light and bollard) $ 3,000
Other $ 1,000
Total Site Improvements $ 51 ,000
Marketing
Brochure
Leatherneck Advertising
Promotion DVD
Cable Advertising
Newspaper Advertising
Postage
Webpage
Total Marketing $ 10,000
Flagpole 3 flagpoles $ 7,500
Contingency 5% $ 11,900
Total Memorial Costs $ 250,400
FUNDING - Phase I
City of Richfield $ 15,000
VFW $ 5,000
Legion $ 5,000
Donations $ 5,000
Tourism $ 2,000
Fundraisers
Print Sales $ 2,000
Pig Roast/Auction $ 20,000
Other $ 2,000
Engravings 480 Engravings @$425 $ 204,000
Less Engraving Cost @ $20 per engraving $ (9,600)
Total Funding $ 250,400
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The last of the flag-raisers
Page 1 of3
0,-/0
starTribune.com I MINNEAPOLIS - ST. PAUL, MINNESOTA
Home News.... Sports.... Lifestyle.... Entertainment.... Opinion.... Classifieds.... Cars.... Homes.... Jobs.... Shopping....
IV\,
Home I Local
The last of the flag-raisers
Richfield plans to honor one of its own -- the last of the
Marines who raised the flag on Iwo Jima's Mount Suribachi.
Donna Halvorsen, Star Tribune
Last update: October 24, 2006 - 10:09 PM
Richfield plans to erect a
monument to one of its own:
Charles Lindberg, the only
living veteran of the World War
II flag-raisings on Iwo Jima.
It'll be the fourth Minnesota
memorial to Lindberg, and it
gives him another chance to
explain that the Marines in the
Pulitzer Prize-winning photo
weren't the ones who first
planted a U.S. flag on Japanese
soil during the ferocious 1945
battle in which more than 6,800
Marines died.
Lindberg, 86, isn't one to call
attention to himself, but he does
want to set the record straight:
that he and five other Marines
planted the flag atop Mount
Suribachi and that they were
photographed by Marine
photographer Lou Lowery.
"Our job was to take the
mountain," and the Fifth Marine
Division did just that, Lindberg
said. "I'm not a hero. Everybody
did as much as I did."
~ Printer friendly
[?3l E-mail this story
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TOOLS SPONSORED BY:
+,
WVVII veteran Charles Lindberg
David Star Tribune
Raising the flag on Iwo Jima.
Local
http://www.startribune.com/462/ story 17 644 33 .html
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The last of the flag-raisers
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hours later. Its raising produced
the famous photo by Joe
Rosenthal of the Associated
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"Kind of a bad trick to pull,"
Lindberg said Tuesday at the
Richfield home where he has
lived with his wife, Vi, for 54
years. Lowery "was kind of sore
about it, too," he said.
Lindberg, who served in the Marines from 1942 to 1946, has been
much-honored since then.
Surrounded by wall-to-wall memorabilia in what he calls his "war
room," he said he was impressed that 3,000 people came out for the
unveiling of a veterans memorial in Long Prairie, Minn., that
features a 40-foot replica of Mount Suribachi.
And he's pleased with the Richfield memorial designed by Travis
Gorshe, an artist, World War II buff and member of the Richfield
Arts Commission. "It looks like it's going to be pretty nice,"
Lindberg said.
It will be unlike the other memorials in at least one respect: It will be
built on an 8-ton piece of rock to be brought here from Iwo Jima.
"We're hoping we can pull that off," said Jim Topitzhofer,
Rich:fj.eld's parks and recreation director. "It's a big feat. You're
mining this rock from a foreign country, and then you transport it
halfway around the world. We're going to try to get the military
organizations to help us transport it."
As for getting Japan's permission, Topitzhofer said: "We're working
on it right now. We'd gladly use any help...."
If it works out, a bronze bust of Lindberg will be set into the rock. If
it doesn't, a full-size bronze statue of Lindberg will be made.
A design and budget will go to the City Council next month, with a
goal of completing the memorial in time for Richfield's 100th
birthday in 2008. Most of the funding is expected to come from the
engraving of veterans' names on 6-foot granite tablets that will be
part of the memorial, Gorshe said.
"[Lindberg's] words were, 'Don't make it about me,' but he and his
wife love it that Richfield is going to do something," said Gorshe,
who heads a group that has been planning the memorial for about it
http://www.startribune.com/462/ story /7 644 33 .html
Page 2 of3
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10/26/2006
The last of the flag-raisers
Page 3 of3
q-J J.
year. "There's been a lot of talk about it. It just needed somebody to
take the reins, organize it and get it going."
Gorshe said the group hopes to capitalize on interest in the new
movie "Flags of Our Fathers," in which Lindberg is briefly
portrayed.
Lindberg said he was upset after the war when no one would believe
him when he talked about the two flag-raisings.
But he's happy that Richard Wheeler, a member of Lindberg's
company, set the record straight in a 1980 book called "Iwo."
Wheeler inscribed a copy of the book for Lindberg: "For myoId
Marine buddy, Chuck Lindberg. One oflwo lima's real heroes."
Donna Halvorsen. 612-673-1709 · dhalvorsen@startribune.com
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10/26/2006
Sun Newspapers - MNSUN.com - Richfield group seeks to put 'memorial' in Veterans Memo... Page 1 of2
MN
SUN
Cj-/3
44 e GlfltPlHfifli ell' fHtWl!Jp IJ,Htl"1!!
Richfield group seeks to put 'memorial' in Veterans Memorial Park
BY SETH ROWE - SUN NEWSPAPERS
(Created: Wednesday, June 14,2006 10:52 PII<1 cor)
Plans are underway to give Veterans Memorial Park a veterans' memorial.
A group has been studying the possibility of creating a memorial honoring Richfield resident Charles
Lindberg and other veterans, past and present, with ties to the city.
Th€ story of Lindberg, who helped raise the first American flag at Iwo Jima, inspired Richfield resident
Travis Gorshe to propose a memorial for the city, he said. A monument near Washington, D.C., replicates
the Marines' second flag-raising during the World War II battle for the Pacific island.
Lindberg maintains that the first flag-raising, just after American troops took Iwo Jima's Mount Suribachi,
held more significance for those fighting than the more famous, second flag-raising caught on film by
Associated Press photographer Joe Rosenthal.
"That's the one the troops cheered for," Lindberg said referring to the first flag-raising, "and the second
one didn't mean much because no one knew what it was for. It was all secured when they came up."
Lindberg was recently honored with a statue in Bemidji, Minn. Gorshe said he plans to visit Bemidji to
ensure that Richfield's plans do not mimic that statue too closely.
No formal, final concept has been designed yet, but Gorshe said he envisions a life-sized representation
of Lindberg's upper body illustrating how he looked in a picture taken at the top of Mount Suribachi. The
statue could sit in the middle of a round circle about 40 feet in diameter, perhaps representing an
American Indian design.
Walls would list names of veterans from the Army, Navy, Marines, Air Force, Coast Guard and the
Merchant Marines, Gorshe said. A charge for every name listed would raise most of the money needed for
the project, which would likely cost about $500,000.
"We're looking at a grand size - a very significant memorial," Gorshe said.
Richfield Recreation Services Director Jim Topitzhofer said that the concept isn't fully developed yet and
that he wasn't sure how large a memorial might be.
"We might not want to make too much of a presence with this so it doesn't affect the park, but there has
to be a way to blend it in so it doesn't take away from uses or take away from the character of the park,"
Topitzhofer said.
A group has been discussiog a concept plan for such a memorial for about five months, Gorshe said. The
group has included Topitzhofer, Gorshe and representatives from the Richfield Arts Commission, Civil
Service Commission, Richfield Veterans of Foreign Wars Post 5555 and American Legion Post 435.
The group is considering an area in Veterans Memorial Park just north of the American Legion, Gorshe
said.
"I'm sensing that the citizens want this," Topitzhofer said. "They want to have a memorial that they can
honor veterans with."
A memorial could serve as a place to hold ceremonies on Memorial Day or the Fourth of July, Topitzhofer
said. It would also serve as a place where a person could find some solitude to remember someone who
has served.
The Richfield City Council is aware that the group is meeting and should have a formal proposal by the
end of the year, Topitzhofer said. Planners would like to have the memorial, or at least part of it, open in
2008, the year Richfield will celebrate its centennial.
In addition to raising money through the names to be listed on the wall, Gorshe is planning a fundraiser
http://www.mnsun.com/articles/2006/06/16/news/ri 15memorial. prt
6/16/2006
Sun Newspapers - MNSUN.com - Richfield group seeks to put 'memorial' in Veterans Memo... Page 2 of2
CJ-rf
at a Minnesota Twins game to generate "seed money" for the project, he said.
The game will be Sunday, July 30, at the Metrodome against the Detroit Tigers. Tickets for upper club,
infield-area seat will be available for $16, discounted from the regular price of $18. Of that amount, $7
from each ticket sold will go toward the memorial, Gorshe said. The tickets may be ordered at the VFW,
American Legion and by calling Gorshe directly at 612-345-6862 or 612-730-9706.
Funds are also being raised through the sale of prints of artist Kelli Spillers' depiction of Lindberg in Iwo
Jima as well. The artwork is on display at the Richfield Community Center, 7000 Nicollet Ave. S., and
may be purchased online at www.eyesofthewild.com or by calling 763-488-1515. The artwork is available
for viewing online by clicking on a "Military" button and then on Spillers' name. Half of the proceeds of
the $40 art will go toward the Richfield memorial, according to the Web site.
This site and its contents Copyright @ 2005. Sun Newspapers
- Main Office: 952-392-6800 webinfo@mnsun.com -
http://www.mnsun.com/artic1esI2006/06/ 16/news/ri lSmemorial. prt
6/16/2006
AGENDA SECTION:
AGENDA ITEM #
REpORT #
OTHER BUSINESS
10
255
....
STAFF REpORT
RICHFI H.D
CITY COUNCIL MEETING
NOVEMBER 28, 2006
REpORT PREPARED By:
CHRIS REGIS, FINANCE MANAGER
NAME, TITLE
COUNCIL PRESENTER:
REVIEWED BY CITY MANAGER:
ITEM FOR COUNCIL CONSIDERATION:
Consideration of transfer of funds to fund certain capital projects.
1. RECOMMENDED ACTION:
By Motion: Approve the transfer of funds to fund certain capital
projects.
I II. BACKGROUND I
Within the City's Construction improvement Fund, the City has several sub-funds,
one of which is the Municipal State Aid (MSA) fund. This fund accounts for primarily
state aid construction projects; however, it is not limited to these types of projects.
Capital projects set up and accounted for within the MSA fund are based on the
premise that the primary source of funding will come from state aid construction
funds. However, as is often the case with capital projects, state aid construction
funds are not the only source of funding there are always additional sources. For
example, funding can come from federal grants, county grants or internal funding
from within the City.
Presently, there are two projects within the MSA fund that have funding in addition
to state aid construction funds. The planned funding sources for these projects
come from within the City and will be utilizing Wastewater and Storm Sewer Utility
funds.
11282006 MSA Funding
The first project is the 76th Street Widening project that was undertaken in
conjunction with the Penn Avenue Bridge Reconstruction project. This project is
now complete and as such the funding for the project needs to be finalized.
Accordingly, in addition to the work completed as part of the bridge and roadways,
there was significant utility work also performed that was also part of the overall
project. Total cost of the utility portion of the project amounts to $771,222. Funding
for these costs will come from the Water, Wastewater and Storm Sewer utilities.
The Water utility has previously paid for $200,000 of these costs. Therefore, it has
been determined that the balance of the utility costs still outstanding will come from
the Wastewater Utility in the amount of $530,000 and the Storm Sewer Utility in the
amount of $37,000.
The second project, Richfield Lake Pond, is a storm sewer capital project that was
set up and accounted for within the MSA fund. In retrospect, this project would have
been better served being set up within the Storm Sewer utility fund. Accordingly, a
project accounting has now been established in the Storm Sewer fund to account
for all future costs. However, it still remains that costs were incurred within the MSA
fund, and as such it is proper to use Storm Sewer funds to reimburse the MSA fund.
The amount of transfer that is required from the Storm Sewer fund totals $83,650.
I III. BASIS OF RECOMMENDATION I
I A. POLICY I
. The City's auditors have recommended that non-budgeted transfers
between funds be approved by the City Council.
. The City's auditors have recommended that the City take steps to fund
the Municipal State Aid Fund.
I B. CRITICAL ISSUES
. N/A
I C. FINANCIAL I
. The following tables reflect the proposed transfer of funds:
Proiect to Fund
MSA Fund-76th St. Widening
MSA Fund-76th St. Widening
MSA Fund-Richfield Lake Pond
Balance
($530,000)
($37,000)
($83,650)
Fundinq Source
Wastewater Utility Fund
Storm Water Utility Fund
Storm Water Utility Fund
Amount
$530,000
$37,000
$83,650
ID.
I
ALTERNATIVE RECOMMENDATION(S) . I
. The City Council can choose to approve all, part or none of the proposed
project funding.
City Council can direct staff to seek alternative funding sources to fund the
identified projects.
LEGAL
. N/A
I IV.
Iv.
I v!.
ATIACHMENTS
. None
PRINCIPAL PARTIES EXPECTED AT MEETING
. N/A
~ddi'-h6~ J:~
AGENDA SECTION:
AGENDA ITEM #
REpORT #
OTHER BUSINESS
lOA
256
......
STAFF REpORT
RICHFIELD
CITY COUNCIL MEETING
NOVEMBER 28, 2006
REpORT PREPARED By:
CORRINE H. THOMSON, CITY ATTORNEY
NAME, TInE
REpORT PRESENTER:
REVIEWED BY CITY MANAGER:
ITEM FOR COUNCIL CONSIDERATION:
Consideration of authorizing Mayor and City Manager to execute Termination of Easement.
. .
I. RECOMMENDED ACTION:
By Motion: Authorize and direct the Mayor and City Manager to
execute a Termination of Easement instrument; Cedar Point.
I II. BACKGROUND I
The City owns Lots 1, 2, 3 and 4 in Block 8 of New Ford Town, located in the Cedar
Point development area. Lots 1 and 2 are benefited by an easement over part of
Lots 3 and 4. Because the City owns all of the affected lots, the easement normally
would be considered to be extinguished by a legal doctrine called "merger of title."
However, the Hennepin County Examiner of Titles is requiring that a legal
proceeding be commenced in order to terminate the easement. In the alternative,
the City may terminate the easement by executing an instrument to that effect.
The City has no need for the easement, and the easement must be removeqin
order to clear title to the properties. The City has agreed to convey part of the lots
to the HRA and part of the lots to MnDOT. The HRA will in turn convey its portion of
the lots to Ryan Companies US, Inc. Execution of the termination instrument will
facilitate those closings.
I III. BASIS OF RECOMMENDATION
I A. POLICY I
. The City has no need for_the easement.
. The execution of the termination instrument will facilitate clearing title
to the property and will facilitate the anticipated closing with the HRA
and Ryan Companies.
lB. CRITICAL ISSUES I
. Termination of the easement will clear the title to the properties.
I C. FINANCIAL
. None.
I D. LEGAL I
. The City Attorney has reviewed the form of termination.
I IV. ALTERNATIVE RECOMMENDATION(S)
. None.
I V. ATTACHMENTS
. Termination of easement.
I VI. PRINCIPAL PARTIES EXPECTED AT MEETING
. None
.
TERMINATION OF EASEMENT
THIS TERMINATION OF EASEMENT is made and entered into this _ day
of , 20_, by the City of Richfield, a Minnesota municipal
corporation.
WHEREAS, the City of Richfield is the fee owner ofthe following described real
property:
Lots 1,2,3, and 4, Block 8, New Ford Town, Hennepin County, Minnesota,
(the "Subject Property"); and
WHEREAS, title to the Subject Property is subject to an easement for pedestrian
and vehicular access and passage dated February 3, 1953, recorded February 6, 1953, as
Document No. 2797345, in Book 1951 of Deeds, page 619 (the "Easement"); and
WHEREAS, portions of the following described property, which is torrens
property, is burdened by the Easement:
Lots 3 and 4, Block 8, New Ford Town, Hennepin County, Minnesota,
(the "Burdened Property"); and
WHEREAS, the following described property, which is abstract property, is
benefited by the Easement:
Lots 1 and 2, Block 8, New Ford Town, Hennepin County, Minnesota,
(the "Benefited Property"); and
WHEREAS, the City of Richfield seeks to amend and terminate the Easement.
NOW THEREFORE, the City of Richfield, being the owner of the Burdened Property
and Benefited Property, hereby declares the following:
1. That the Easement is hereby amended to expire by its own terms as of the date
shown above.
2. That the Easement is hereby terminated and extinguished as of the date shown
above and that such Easement no longer burdens or benefits the Subject
Property.
City of Richfield, a Minnesota municipal
corporation
BY:
Its: Mayor
BY:
Its: City Manager
COUNTY OF
)
)ss.
)
STATE OF
The foregoing instrument was acknowledged before me this _ day of.
,20_, by , and by
, the Mayor and City Manager of the City of Richfield, a
Minnesota municipal corporation, on behalf of the corporation.
Notary Public
THIS INSTRUMENT WAS DRAFTED BY:
Barna, Guzy & Steffen, Ltd. (TOE)
400 Northtown Financial Plaza
200 Coon Rapids Boulevard
Minneapolis, MN 55433
763-780-8500
351211_1