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HomeMy WebLinkAbout19950320_regular230 MNIJTES OF THE REGULAR MEETJXG OF THE EDINA CITY COUNCIL HELD AT CITY ~ MARCH 20, 1995 - -- -- ROLLCALL Answering rollcall were Members Maetzold, Paulus, Smith and Mayor Richards. CONSENT AGENDA ITEMS APPROVED Motion was made by Member Paulus and was seconded by Member Smith to approve and adopt the Council Consent Agenda items as presented with the exception of removal of Item VI. F. - Site Restoration Plan - Braemar Tennis Courts and Item VI. G. - July 4th Fireworks - Norwest Donation. Rollcall : Ayes: Maetzold, Paulus, Smith, Richards Motion carried. BEDICAL LABORATORY VEEK PROCLAIMED Motion of Member Maetzold vas seconded by Member Paulus and carried unanimouSly for adoption of a Proclamation naming April 16 - 22, 1995, as Medical Laboratory Week in Edina. The Proclamation stated that laboratory medicine is an honorable profession which should be recognized by all individuals as vital to the high standards of health care enjoyed in the United States. The Proclamation was initiated on behalf of more than 285 laboratory professionals who work in the Fairview Laboratory system. DAYS OF REWQIBRANCE OF THE HOLOCAUST PROCLAIMED Motion of Member Maetzold was seconded by Member Paulus and carried unanimously proclaiming Sunday, April 23 through Sunday, April 30, 1995, as Days of Remembrance of the Holocaust. The Proclamation stated that 1995 marks the fiftieth anniversary of the victorious United States Armed Forces and the Allies over the German National Socialists regime, ending the war in Europe during World War 11. the Holocaust is in memory of the victims, survivors and their liberators, in hope that we as a city and as individual citizens will strive to overcome prejudice, hatred and indifference would be overcome through learning, tolerance and remembrance. The Days of Remembrance of *MINOTES APPROVED FOR REGULAR MEETING OF MARCH 6. 1995. AND CLOSED SPECIAL MEETING OF MARCH 15. 1995 Motion was made by Member Paulus and was seconded by Member Smith to approve the Minutes of the Regular Meeting of March 6, 1995 and the Closed Special Meeting of March 15, 1995. Motion carried on rollcall vote - four ayes. AMENDED FINAL SITE PLAN AND PRETLIXRWRY PLAT APPROVED FOR THE COVENTRY AT CENTENNIBL LAKES: FINAL PLAT APPROVED FOR THE COVENTRY AT CENTENNIAL LAKES 2Nll ADDITION Affidavits of Notice were presented, approved and ordered placed on file . Presentation by Planner Planner Larsen recalled that Council approved the original development plan for this 98 unit townhouse development in October, 1993. thirteen units are complete or near completion at this time. months of marketing the approved plan, developers Laukka Jarvis are petitioning for approval of a revised site plan in order to respond to the market place. There is a strong buyers' resistance to the east-west building orientation because backyards would have no sun and a strong demand for one story lifestyle. A graphic was presented of the new site plan that suggests a reorientation for a majority of the units. Units originally with a north-south orientation would be rotated 90 degrees to an east-west orientation. Coventry Lane running along the easterly side of the property would remain unchanged. Two buildings containing After several I However, with the new plan 31 20195 231 it would have units The remaining units Court. The project fronting on both sides of the. would front on Coventry Place would remain at a total of 98 ._ street north of Coventry Court. running north from Coventry units. The original development concept contained three different unit sizes all of which contained two levels of living space above the garage. has five different units with one end unit being one story. like to increase the number of one level units in the remaining phases. The phase three building would have one, one level unit but phase four would have four one level units. The unit size (width) mix would be similar to that in building two. The second building Laukka Jarvis would I- The original concept showed a narrow service alley of seven feet in width between the rear yard areas of abutting buildings. alley width would increase to fifteen feet and would accommodate overstory trees for additional screening. would remain unchanged. With the proposed reorientation, For the most part, the architecture of the project Planner Larsen said two actions are requested of the Council: 1) Final Site Plan approval (revision of the original 1993 site plan) and Preliminary Plat approval (revision of preliminary plat approval), and 2) Final Plat approval for the platting of the next 15 units. At its meeting of March 1, 1995, the Planning Commission reviewed the revisions and would recommend approval. Peter Jarvis, representing the developers, said he had nothing further to add but would respond to questions. Council Comment/Action Member Maetzold stated that he would be abstaining from the discussion and vote on this matter (Agenda Items 1I.A and 1I.B) because of a potential conflict of interest. Member Smith asked if the number of units would remain the same. Planner Larsen responded that the total number of units in the plan remains unchanged. Developer Jarvis expanded that under no circumstances would the number increase. There is now an 11 building configuration rather than 10 and depending upon the ultimate split between the one story wider units and the two story units there actually could be a decrease in the number of units. The total number would be determined by the time construction is begun on building five or six. No further Council comment or public comment was heard. Member Smith introduced the folloving resolutions and moved adoption, subject to: 1) developers agreement, 2) landscaping bond, and 3) watershed district permit: RESOLUTION APPROVING AElENDED FINAL SITE PLAN AND PRELIPIINARP PLAT FOR THE COPENTRY AT CENTENNIAI, IAKES BE IT RESOLVED by the City Council of the City of Edina, Minnesota, that the Final Site Plan for Centennial Lakes (Outlot A, South Edina Development Addition) is hereby amended to allow construction of a 98 unit townhouse development as presented and proposed by Laukka Jarvis, Inc. at the regular meeting of the City Council of March 20, 1995; BE IT FUR"HER RESOLVED by the City Council of the City of Ed-, Minnesota, that the Preliminary Plat entitled "THE COVENTRY AT CENTENLQIAL LAKES", platted by Laukka Jarvis, Inc. is hereby amended as presented at the regular meeting of the City Council of March 20, 1995. 3/20/95 RESOLUTION APPROVING FINAL PUT FOR THE COVENTRY AT CENTENNIAL LBKES 2ND ADDITION BE IT RESOLVED by the City Council of the City of Edina, Minnesota, that that certain pla+ entitled "THE COVENTRYAT CENTENNIAL LBKES 2ND ADDITION", platted by--- Iaukka Jarvis, Inc., a Minnesota corporation, and presented at the regular meeting of the City Council of March 20, 1995, be and is hereby granted final plat approval. Motion was seconded by Member Paulus. Rollcall : Ayes: Paulus, Smith, Richards Abstained: Maetzold Resolutions adopted. (See minutes of 5/1/95 for amended resolution.) Mayor Richards asked if the City should be concerned with the total value for Centennial Lakes because of what is being proposed. Assistant Manager Hughes said to a certain extent the value is ultimately reflected in the form of tax increment. However, staff contends it is better for this district that value get on line faster than slower. As a result, changes that make the property more marketable and increase the speed of development are of primary interest to the cash flow of the district. Mayor Richards asked, for example, what a reduction from 98 units to 90 units would do. Mr. Jarvis commented that the value should be in excess of the numbers on which the original tax increment analysis was based because the average valuation of the units being built today are much higher in terms of sales price and value than the preliminary numbers of two years ago. VACATION OF UTILITY AND DRAINAGE EASEMENT GRANTED FOR LOT 2. BLOCK 1. SOUTH WHITE OAKS ADDITION (4009 WEST 48TJ3 STREET1 approved and ordered placed on file. Presentation bv Engineer Engineer Hoffman informed Council that the property owner of Lot 2, Block 1, South Oaks Addition (4009 West 48th Street) is doing a rehab on his house and has petitioned for vacation of a five foot sideyard utility and drainage easement to eliminate a title problem of building encroaching on an existing easement. request has been reviewed by both staff and the utility companies and there is no apparent need for the easement. vacate the utility and drainage easement. Affidavits of Notice were presented, I The The recommendation is to grant the request to Mayor Richards called for public comment on the vacation request. objection was heard. Council Comment/Action Member Maetzold asked if the easement was put in place initially because of anticipation of possible use by the City or a utility company. explained that often there are unused easements throughout the City that will surface when a resident attempts to build a house addition, porch, etc. and an encroachment could cause a title problem. City Engineer and written approval is required from all four utility companies before considering vacating an easement. Member Paulus moved adoption of the folloving resolution: RESOLUTION VACATING EBSEMEN'J! FOR UTIIJTY AND DRAINAGE PURPOSES VHEBEBS, a resolution of the City Council, adopted the 21st day of February, 1995, fixed a date for a public hearing on a proposed vacation of an easement for utility and drainage purposes; and VHEBEBS, two veeks' published and posted notice of said hearing vas given and the hearing was held on the 20th day of Harch, 1995, at which time all persons No comment or Engineer Hoffman All such easements are examined by the 31 20 I95 233 desiring to be heard were given an opportunity to be heard thereon; and l7EERUS, the Council deems it to be in the best interest of the City and of the public that said easement vacation be made; and WHEREAS,-the Council has considered the extent to which the yacation affects - ____ .___ . existing easements within the area of the vacation and the extent to which the vacation affects the authority of any person, corporation, or municipality owning or controlling electric, telephone or cable television poles and lines, gas and sewer lines, or water pipes, mains, and hydrants on or under the area of the proposed vacation to continue maintaining the same, or to enter upon such easement area or portion thereof vacated to maintain, repair, replace, remove, or otherwise attend thereto; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Ed-, Hennepin County, Minnesota, that the following described utility and drainage easement be and is hereby vacated effective as of March 21, 1995: The east five feet of Lot 2, Block 1, South White Oaks Addition. The City Clerk is authorized and directed to cause a notice of completion of proceedings to be prepared, entered in the transfer record of the County Auditor, and filed with the County Recorder, in accordance with Minnesota Statutes, Section 412.851. Motion was seconded by Member Maetzold. Rollcall : Ayes: Maetzold, Paulus, Smith, Richards Resolution adopted. ORDINANCE NO. 1995-1 - AN ORDINANCE AMENDING CODE SECTIONS 400 AND 410 TO PROVIDE UPDATES TO BUILDING CODE ADOPTED ON SECOND READING Building Coordinator Kehoe recalled that on March 6, 1995, the Council gave First Reading to Ordinance No. 1995-1 - An Ordinance Amending Code Sections 400 and 410 to Provide Updates to the Minnesota State Building Code and the Uniform Building Code. the Council asked that optional Chapter 15 of the Appendix of the Uniform Building Code relating to reroofing be deleted. some updates to numbering only were needed to City Code Section 400. Ordinance No. 1995-1 has been revised to delete Chapter 15 and to update Section 400 with proper citations. presented. At that meeting Subsequently, it was found that Staff would recommend adoption of the ordinance as now Mayor Richards called for public comment on the proposed ordinance. or objections were heard. No comment Member Smith moved Second Reading and adoption of Ordinance No. 1995-1 as follows : ORDINANCE NO. 1995-1 AN ORDINANCE AHENDING SECTIONS 400 AND 410 OF THE CITY CODE TO PROVIDE UPDATES TO THE MINNESOTA STATE BUILDING CODE AND THE UNIFORM BUILDING CODE AND TO ADOPT OPTIONAL PROVISIONS OF THE MINNESOTA STATE BUILDING CODE AND THE UNIFORM BUILDING CODE THE CITY COUNCIL OF THE CITY OF EDINA ORDAINS: Section 1. read as follows: "410.01 State Building Code Adopted. There is hereby adopted and incorporated herein by reference, as a section of this Code, the Minnesota State Building Code (the "MSBC") as promulgated by the State Department of Administration pursuant to M.S. 16B.59 through 16B.75, including amendments to the MSBC in effect on March 20, 1995, and including the following, but only the following, listed optional provisions of the MSBC and of the 1994 Edition of the Uniform Building Code as promulgated by the International Conference of Building Officials (the "UBC"), except, however, that fees Subsection 410.01 of Section 410 of the City Code is amended to 23%. _. Code Code Code Code Code read 3/20/95 shall be as provided in this Section. hereby adopted are as follows: A. Concrete. - -- - .- B. Membrane Structures. C. Chapter 1306 with Option 8 (Group My S, or P occupancies with 2,000 or more gross square feet) of the HSBC relating to Special Fire Protection Systems. D. E. f loodproof ing . Section 2. "A. 1300, 1301, 1302, 1305, 1306, 1307, 1310, 1315, 1325, 1330, 1335, 1340, 1346, 1350, 1360, 1365, 1370, 4715, and 7670 of Minnesota Rules, 1994." Section 3. Paragraph C of Subsection 410.03 of Section 410 of the City "C. The 1993 Edition of the National Electrical Code (NEX) as approved by the American National Standards Institute (ANSI/NFPA70-1990)." Section 4. "E. promulgated by the International Conference of Building Officials and the International Association of Plumbing and Mechanical Officials, with appendices A, B and C." Section 5. "I?. and the Model Energy Code, 1992 Edition, as published by the Council of American Building Officials." Section 6. Paragraph G of Subsection 410.03 of Section 410 of the City is amended to read as follows: "6. Rules, 1994." Section 7. as follows: "410.04 Organization and Enforcement. The organization of the Building Department of the City, and enforcement of this Section, shall be established by Chapter 1 of the UBC." Section 8. Line 2 of Subsection 400.01 of Section 400 of the City Code is The optional provisions which are Chapter 19 of the Appendix of the WC relating to Exposed Residential Chapter 31, Division 11 of the Appendix of the WC relating to Chapter 1310 of the MSBC relating to Building Security. Chapter 1335, parts 1335.0600 to 1335.1200 of the HSBC relating to Paragraph A of Subsection 410.03 of Section 410 of the City is amended to read as follows: The State Building Code regulations known and identified as Chapters is amended to read as follows: Paragraph E of Subsection 410.03 of Section 410 of the City is amended to read as follows: Chapters 1 to 20 of the 1991 Edition of the Uniform Mechanical Code Paragraph P of Subsection 410.03 of Section 410 of the City is amended to read as follows: Model Energy Code as set out in Chapter 7670 of Minnesota Rules, 1991, Minnesota State Plumbing Code as set out in Chapter 4715 of Minnesota Subsection 410.04 of Section 410 of the City Code is amended to amended by replacing the reference to "Section 204 of the Uniform Build-ing Code (WC)" with "Section 105 of the Uniform Building Code (UBC)". Code is amended by replacing the reference to "Section 204 the of WC" with "Section 105 of the WC". 400 of the City Code is amended by replacing the reference to "Section 203 of the UBC" with "Section 102 of the WC". The third line of Subsection 400.08 of Section 400 of the City Code is amended by replacing the reference to "Section 204 of the WC" with "Section 105 of the WC". Schedule A of Section 185 of the City Code is amended to provide new fee amounts for Fee Nos. 30, 31, 32, 33, 34, 35, 36, and 37 as f ollovs : Section 9. Paragraph A of Subsection 400.02 of Section 400 of the City Section 10. The ninth line of paragraph B of Subsection 400.02 of Section Section 11. Section 12. 3120195 235 PURPOSE - SEC SUBSEC. OF FEE/CHARGE AMOUNT ---.410. ~ 410.02 Building permit: - - ._ - -_ Subd. 1 Total valuation of work: $1.00 to $500.00 I $501.00 to $2,000.00 $2,001.00 to $25,000.00 $25,001.00 to $50,000.00 $50,001.00 $100,000.00 $100,001.00 to $500,000.00 * $22.00 * $22.00 for first $500.00 plus $2.75 for each additional $100.00 or fraction thereof to and including $2,000.00 * $63.00 for first $2,000.00 plus $12.50 for each additional $1,000.00.or fraction thereof to and including $25,000.00 * $352.00 for first $25,000.00 plus $9.00 for each additional $1,000.00 or fraction thereof to and including $50,000.00 * $580.00 for first $50,000.00 plus $6.25 for each additional $1,000.00 or fraction thereof to and including $100,000.00 * $895.00 for the first $100,000.00 plus $5.00 for each additional $1,000.00 or fraction FEE NO. _-- -_ 30 31 32 33 34 35 $500,001.00 to $1,000,000.00 $1,000,001.00 and up thereof to and including $500,000.00 * $2,855.00 for the first $500,000.00 plus $4.25 for each additional $1,000.00 or fraction thereof to and including $1,000,000.00 * $4,955.00 for the first $1,000,000.00 plus $2.75 for each additional $1,000.00 or fraction thereof 36 37 *plus surcharge pursuant to M.S. 168.70 Section 13. This ordinance shall be in full force and effect upon pas- and publication. ATTEST : Mayor Motion for adoption of the ordinance was seconded by Member Maetzold. Ro 11 c a1 1 : Ayes: Maetzold, Paulus, Smith, Richards Ordinance adopted. *BID AWARDED FOR CARBON CHANGE OUT - LIFT STATION ODOR CONTROL UNIT Motion was made by Member Paulus and was seconded by Member Smith for avard of bid for carbon change out for lift station odor control unit to sole bidder, Calgon Carbon Corporation, at $32,067.15. Motion carried on rollcall vote - four ayes. *BID AWARDED FOR TGTO LIGHT DUTY UTILITY VEHICLES FOR BRAEMAR GOLF COURSE Motion was made by Member Paulus and was seconded by Member Smith for award of bid for two light duty utility vehicles (Jacobsen 810) for Braemar Golf Course to 236 3/20/95 recommended lov bidder, North Star Turf, at $8,530.65. Motion carried on rollcall vote - four ayes. I - *BID AWARDED .FOB UTILITY VEHICLE 4x4 Motion vas made by Member Paulus and- was seconded by Member Smith for avard of bid for a utility vehicle 4x4 to Hawkins Polar Chevrolet at $22,202.00 through State bid, Contract mber 326884. Motion carried on rollcall vote - four ayes. '.kTRBFFIC SAFETY STAFF REPORT OF MARCH 9. 1995 APPROVED Paulus and vas seconded by Member Smith to approve the following action as recommended in Section A of the Traffic Safety Staff Report of March 9, 1995: Motion vas made by Member 1) To erect "No Parking Anytime" signs on the west side of Cahill Road from Devey Hill Road southward'to W. 78th Street; and to acknovledge Sections B and G of the report as presented. Motion carried on rollcall vote - four ayes. STA!CUS REPORT GIVEN ON ODOR CONTROL FOR GOLDEN VALLEY MICROWAVE FOODS Michael Bley, President of Golden Valley Microwave Foods, gave a progress update since the Council meeting of February 21, 1995, as follows: - - Completed installation of wet scrubber on March 1, 1995. - Started wet scrubber use on March 6, 1995. - - Implemented new process for manufacturing 96% fat-free popcorn March 1, 1995. Final equipment and trouble shooting completed on March 9, 1995. Subjected wet scrubber to performance evaluation using same test methods as previous studies for odor panel and organic analysis. to trial unit (better than 99 percent efficiency). Results comparable The next steps being planned by Golden Valley Microwave Foods: Communication Plan: Mailing to neighborhood in 2-3 weeks to area outlined on detailed map. Area chosen to reflect where known complaints have been generated. Article and copy of letter in Edina Sun-Current to reach other Edina residents. Contact Person at Golden Valley: Primary contact for community complaints - Elisa Thompson. Plan to Respond to any future issues: City Manager to help develop plan to respond to further issues. Rust Environmental available to help as well. Invite Members of Council, City Manager to view equipment and the work that went into this project. Mayor Richards suggested that the Council Members view the odor control equipment individually rather than as a group in order to comply with the Open Meeting law. Member Smith commented that in the last day or two he could still pick up the odor and asked if Golden Valley is still working with the new equipment. Mr. Bley said he appreciated any feedback as Golden Valley has every intention of making the new system work exactly as they want it to work, i.e. no odor associated with the fat free popcorn process. new wet scrubber system is capable of taking out all the odor. He said he has no doubt that the Member Paulus asked if the letter to the residents could be sent sooner as two to three weeks is a long time when the residents have been patiently waiting for a solution to the odor problem. sure that everything in the letter is correct before it is sent and they would mail it as soon as possible. owners as well as single family homes. Mr. Bley answered that Golden Valley wanted to be He added that it would be mailed to corporate Mayor Richards asked that staff be 31201 95 237 informed when the letter goes out. WATER OUALITIES ACTIVITY REPORT PRESENTED the -fall of 1994, the Council discussed treatment of water bodiesfor-aquatic vegetation, algae and cattail control. Staff was requested to review current programs and to return with a report. The staff reviewed all City water bodies and determined that approximately 1100 homeowners abut some type of water body. General treatment usually covers rooted aquatic plants, algae, duckweed and cattail control. Engineer Hoffman commented that during I ---- Engineer Hoffman presented a chart of current programs on Arrowhead Lake, Indianhead Lake and the Millpond which indicated the following for 1994: Indianhead Lake - 31 properties assessed at $239.00 covering ongoing costs for aeration and both mechanical weed hafiesting and chemical weed control. DNR permits required for mechanical or chemical treatment for submerged vegetation; chemical treatment for filamentous and plankton algae and purpose loosestrife. Arrowhead Lake - 31 properties assessed at $386.91 covering installed aeration system and ramp (1994). Ramp cost approximately $8,000. Cost split 50% assessment/50% City paid. Amount of assessment is higher last two years due to ramp and aeration. Future years will be same as for Indianhead. Costs for ongoing aeration and mechanical weed harvesting. DNR permits required for mechanical and chemical control of submerged vegetation and plankton algae. Mill Pond - 59 properties assessed at $103.75 covering mechanical weed harvesting twice annually. Total annual cost $8,000. City pays approximately $1,500. DNR permits required for mechanical control of submerged vegetation. Portion paid by City due to public use. Public hearings are conducted to hear concerns and answer residents questions. Indianhead and Arrowhead both have "Lake Improvement Associations". Surveys are sent annually to assess the treatment and whether it should be continued, feelings about the assessment and suggestions. should be continued without modification unless the Council wishes to participate more on the fiscal end of the program. These long-standing programs Continuing, Engineer Hoffman explained that since the early 1980's, the City has treated 34 different ponds or lakes for different types of problems. City costs for years 1992 through 1994 have ranged from $11,000 to $14,000 per year, which included DNR permits and the treatments. These ponds and lakes average $250 to $400 per year per location to properly treat the problem. ponds require a greater expenditure per event, but in some years no treatment is necessary. On occasion, some The funds expended for this work come from the stormwater utility. Staff would suggest that the Council discuss the following: A. Should the program be continued as is? B. If the program is to change and assessments implemented for partial funding, should only those properties abutting the water body be assessed or should the assessment include those properties across the street who can also see the pond? Should a more formal petition program be established for this process? C. Utility Superintendent Pelinka then explained that the City's current normal program consists of approximately 18 ponds which are treated each year. Beginning late in March, bids are solicited from several aquatic contractors in the area. Following selection of the contractor, required DNR permits are 238 3120195 obtained by the contractor. is begun. treatment. For ponds not in the current program, Superintendent Pelinka said a request for treatment usually is initiated by a resident. The request is reviewed with the treatment specialist. area, required DNR permits are obtained. If under 2.5 acres, the decision is made by the City with the assistance of the treatment specialist. that often the residents wait too long before requesting treatment as some of the chemicals take up to 45 days to work. If the contact is made too late in the season the treatment will not be effective. He pointed out that requests for treatment vary every year as each pond has its own personality. When weather conditions are favorable the treatment He noted that the temperature is important as to optimum effect of the I - - - . - .- . ___ - . If the pond is found treatable and is 2.5 acres or over in He mentioned Mayor Richards asked what causes the eutrophication in ponds. Pelinka answered that the phosphorous from lawn fertilizer runoff is the major cause. will pay for this in the future. any public access. for from the utility fund and nothing is charged back to property owners. Superintendent Mayor Richards asked if any of these ponds have public access and who Superintendent Pelinka said he was not aware of Engineer Hoffman reiterated that currently the costs are paid Member Paulus asked if the City is educating the residents about the affect of fertilizer runoff or late reporting that a pond needs treatment. Hoffman said one of the issues is should the City initiate a formal education program. Member Smith asked if staff management time is included in any costs that are assessed back for the three treated lakes. Engineer Hoffman answered that currently no staff time is included in the assessments. Engineer I Kevin Kretsch, Lake Restoration, Inc., told Council that Lake Restoration has cared for Edina ponds since about 1980. degrees of weed growth and methods of treatment. explained that every pound of phosphorous that enters lakes or ponds results in 500 pounds of aquatic vegetation in the form of algae or submerged aquatic vegetation. contributing factor is stormwater runoff, together with lawn fertilizer, animal waste and leaves. (immediately effective but requires large water body to work in) and DNR approved aquatic herbicides and algicides. In one 1994 project the phosphorous, which had built up over the years, was actually precipitated out of the pond. Restoration has also removed some cattails to improve the residents' view or to provide access for small watercraft. Mr. Kretsch said they have also done some work on purple loosestrife (a noxious weed) and have looked for Eurasian water milfoil. He presented slides depicting different Regarding eutrophication, he The sources of the phosphorous are many; primarily the largest Methods of treatment include a 10,000 pound harvester Lake Member Maetzold asked about natural predators or a bubbler system that would control weeds in a pond. Mr. Kretsch said grass carp, while not allowed in Minnesota, has been used in southern states in irrigation canals. However, the grass carp eat everything resulting in no submerged vegetation but a lot of algae. milfoil has been tried but because of the dollars required to get the product through regulatory agencies the experiments have been stopped. A bubbler system was tried for about ten years in a pond near the Edina Aquatic Center but it was found that vegetation grew within ten feet of the bubbler so it was removed. Member Maetzold inquired if the City has an annual Eurasian water milfoil inspection program in place for moving bodies of water. is no program but Lake Restoration has always inspected ponds and lakes before starting treatment with none found to date in Edina. the first infestation of Eurasian water milfoil in Minnehaha Creek near the Grays A fungus product found naturally in lakes which attacks Eurasian water I Mr. Kretsch said there Lake Restoration did find 3120195 239 Bay dam in 1989 which has progressed downstream. watercraft using public access. very effective. Assistant Manager Hughes informed Council that for the last two years the Mill Pond has been lush with Eurasian water milfoil. Engineer Hoffman said residents have commented that the majority of aquatic weeds harvested in the Mill Pond are milfoil. they have said they possibly could do some treatment is there was a way to control the water at the dam so that there would be contact time with the plants. It is spread primarily by He said an aggressive early treatment program is - - . .- - ~ -- -- . ._ In speaking with the DNR about treating the milfoil in the Mill Pond, I ---- Engineer Hoffman presented a chart of "Relative Toxicity of Chemical Substances", which noted that many scientists in the field of pond management are confident that a very safe herbicide is available to manage nuisance growths of aquatic weeds. After some discussion staff was asked to: 1) bring back a plan for educating the public about what they can do to help maintain water quality in the City's water bodies, 2) communicate and survey residents abutting ponds about costs they might incur in the future for pond treatment, and 3) develop guidelines for improving the current water quality program. STORMWATER MANAGEMENT PLAN UPDATE PRESENTED that both the Nine-Mile Creek and Minnehaha Creek Watershed Districts are updating their watershed management plans to meet current Minnesota Board of Water and Soil Resources requirements. Staff has participated in the plan review on Nine-Mile Creek Watershed and recently received notice from Minnehaha Creek on the start of their update. Engineer Hoffman informed Council Staff has reviewed the City's current stormwater management status and would recommend that the City start basic elements of the required City plan. requirement will start once the two Watersheds get their programs approved by the Board of Water and Soils Resources. This Barr Engineering has been the City's long standing stormwater consultant and staff would recommend that Barr Engineering and City staff conduct the activities jointly. The project would be to conduct a wetlands inventory, develop a Global Information System (GIS) data base., and format the initial data as a chapter and appendix in the City's surface water management plan. delineation from Barr Engineering would be assisted by an intern who would do field delineation. the data into our City GIS system. An expert in wetland City staff would field survey the areas as needed and input The type of wetland management information developed would include: 1) the susceptibility class leading to optimum flood bounce and duration, 2) water quality/sediment control requirements for wetlands, and 3) a description of each wetland as to management strategy and special concerns. Engineer Hoffman pointed out that the project would be an important element in the final plan and the anticipated cost would be $25,000.00. a consultant estimate to do this process without intern and City staff. consultant cost estimate was approximately $75,000.00. recommend the joint project method with funding coming from the stormwater uti1 i ty . Staff had requested The all Staff would therefore Mayor Richards asked what product the City would have in the end. Hoffman said the product would be a complete City wetlands inventory which we do not have, and a plan for any development containing wetlands, e.g. Parkwood Knoll 24th Addition. Basically, the process would be to identify wetlands and then Engineer 31 20 195 240 develop a wetlands management plan for the community. Member Smith inquired whether this plan would help the stormwater holding capacity.-- Engineer Hoffman responded that would be part of the analysis-. - Edina-- is a fully-developed suburb that uses wetlands for stormwater retention while attempting to maintain the water quality of the wetlands. Mayor Richards questioned the value in spending a lot of time on developing a City stormwater management plan just because some other regulatory agency says it should be done. He mentioned that there are questions and issues still unresolved and referenced a letter dated March 15, 1995, to the Board of Water and Soil Resources from Aileen Kulak, Chairman of the Nine-Mile Creek Watershed District. watershed management plan: - . The letter asked for guidance on four items concerning Nine-Mile's 1) Role of Advisory Committees within Managers' Discretion. 2) Municipal/District Relations. 3) 4) State Rules and guidelines are adequate with performance standards. Financial authority of Chapter 103D or 103B be used. Following discussion, it was the consensus of the Council that it would be helpful to have stormwater management experts appear before the Council to talk about this issue. Engineer Hoffman said that would be arranged for a Council Meeting in April. WXLEEAD PROTECTION/WATER SUPPLY PLAN State through the Minnesota Board of Health, the Minnesota Department of Natural Resources (DNR) and Metropolitan Council have enacted requirements to develop a wellhead protection plan and a community water supply plan which would include water conservation and emergency plans for both use and reduction. Metropolitan Council has supplied guidelines and an outline for the water supply plan. Engineer Hoffman informed Council that the The The work would be conducted by staff and the City's water consultant, Short Elliot Hendrickson, Inc., (SEH). SEH has developed the City's water master plan over many years and has considerable data relevant to developing the water supply plan. The Water Rate Study conducted by PCE last year will be also used in developing the final supply plan document. They have extensive experience in water supply and wellhead protection. The final product will be a report which should meet all State requirements. The initial portion entitled Water Supply Plan must be submitted by the end of 1995. The wellhead protection plan segment does not yet have an established date but is an important part of the complete management plan covering water supply. estimated cost for the consultant portion of the work on the Water Supply Plan is $7,800.00 and will be funded from the water and sewer utility. The Following some discussion, the consensus of the Council was that the Water Supply Plan be completed for Council review as proposed. BRAEMAR TENNIS COURTS SITE RESTORATION PLAN APPROVED Mayor Richards said he asked that this item be removed from the Council Consent Agenda to allow any public comment to be heard. been noticed about this meeting. sent. Director Keprios recalled that the Council had directed staff to present a recommendation for the Braemar tennis court site area before removal of the courts and parking lot. He asked Director Keprios if the neighborhood had I Director Keprios answered that notices were not Based on responses from many residents in the Braemar 3120195 241 area, it was staff's recommendation that after removal of the courts and parking lot in spring of 1995, the area be leveled and sodded, as opposed to seeded. City staff would remove and dispose of the existing courts and prepare the site court removal and restoration would be approximately $4,500.00. The Park Board -- -. for. sodding which would be done by a contractor. The estimated totaL-cos.t of I has approved the recommendation. Member Smith said this was a hard decision to make. been published in the Edina Sun-Current voicing disapproval of the courts removal but, personally, he had not received any phone calls regarding this removal. He noted many letters had Mayor Richards noted a letter from Millie Karr, 7204 Schey Drive, asking that the tennis courts be restored with a response by Director Keprios with background information regarding the decision to remove the courts. No further comment or concerns were heard. Member Smith moved approval of the Park Board's recommendation to sod the Braemar tennis court and parking lot areas which are scheduled to be removed in Spring, 1995, as directed by the City Council. Motion was seconded by Member Paulus. Rollcall : Ayes: Maetzold, Paulus, Smith, Richards Motion carried. JUf,Y 4TH FIREWORKS DISPLAY: NORWEST DONATION DISCUSSED Mayor Richards said he had asked that this item be removed from the Council Consent Agenda for discussion on the proposed sponsorship. Director Keprios informed Council that Edina Norwest Bank on Vernon Avenue has presented a proposal of $3,000.00 per year for three years to enhance the City of Edina's July 4th fireworks display. return for the donation: Norwest Bank is requesting the following in 1) Norwest would be exclusive fireworks sponsor for years 1995, 1996 and 1997. 2) Norwest would like option to renew sponsorship after 1997 before other sponsors are approached. 3) Norwest's co-sponsorship with City of Edina be noted on large banner hung near Showmobile. 4) Norwest would offer and coordinate youth poster contest with City staff's assistance in developing promotion and distribution plan. 5) Norwest mascot, "Buddy Bear", would attend and pass out Norwest balloons. 6) Norwest employee would fly Norwest kite during event. 7) Norwest would receive co-sponsorship publicity wherever 4th of July event is publicized. Director Keprios noted that Edina's fireworks display is well received by all who have attended, i.e. weekend attendance of 10,000 and approximately 20,000 on a weekday. compared to surrounding communities. Edina's fireworks display has been slightly smaller in content when The 1995 City budget for fireworks display is $7,140.00. $3,000.00 donation would greatly enhance the quality of the display. recommend approval of the Park Board's recommendation to accept Norwest Bank's donation of $3,000.00 per year for three years, under the presented guidelines. The additional Staff would Mayor Richards said he is troubled with the Norwest's request that they be considered the exclusive sponsor of the 4th of July fireworks display when their donation is only 3/lOths of the total under the City's budget. Member Maetzold suggested that sole billing be given only to a corporate sponsor 31 201 95 that totally funds a program. player with Norwest as a co-sponsor. identify programs like this that might be worthy of private sponsorship in order In this case, the City should be billed as a major In addition, he said it might be helpful to -- to know Ghe-Eull range of potential sponsors. - -- - -- Member Smith suggested that staff develop policy guidelines for public and/or private sponsorship of City events, noting that other sponsors in the community might wish to donate and should be given a chance to do so. Member Paulus commented that in the past the July 4th celebration has been a real grass-roots event and low-keyed. identity and become commercialized with banners, posters and mascot on display. She voiced concern that it would loose that Mayor Richards concluded that, before a decision is made on Norwest's offer, staff be directed to develop policy guidelines regarding public or private sponsorship for Council review on April 3, 1995. *PARK AND RECREATION ACTIVITP BUS DISCONTINUED Motion was made by Member Paulus and was seconded by Hember Smith to approve the Park Board's recommendation to discontinue bus service for the Learn to Swim program at the Edina Aquatic Center with the caveat that information be sent out giving families alternatives for transportation including carpooling. Motion carried on rollcall vote - four ayes. *HN/DOT COMHUtiITY ROADSIDE LANDSCAPIMG PARTNERSHIP PROGRAM APPROVED Motion vas made by Member Paulus was seconded by Member Smith for adoption of the following resolution: RESOLUTION BE IT RESOLVED that the City of Edina enter into Agreement No.73282 with the State of Minnesota, Department of Transportation for the following purposes, to- wit: To provide for a lump sum payment of $10,786.00 by the State to the City for the acquisition of landscape materials to be planted along Trunk Highway No. 62 from 150 feet east to 600 feet west of the Vernon Hills Road cul-de-sac (6600 block) within the corporate City limits in accordance with plans, specifications and/or special provisions designated as the "T.H. 62 Vernon Hills Townhomes Beautification Plan", and in accordance with the terms of the State's "Community Roadside Landscaping Partnership Program", State Project No.8808-14. BE IT FURTHER RESOLVED that the proper City Officers are hereby authorized and directed to execute such agreement. Motion was carried on rollcall vote - four ayes. *FEASIBILITY REPORT PRESmJTED: HEARING DATE SET OF APRJX 3.1995. FOR STREET IMPROVEMENT BA-302 - HATiONEY AVENUE seconded by Member Smith for adoption of the following resolution: Motion was made by Member Paulus and was RESOLUTION PROVIDING FOR PUBLIC HE3EUNG ON STREET IMPROVEMENT NO. BA-302 - "Ep AVENUE 1. to the feasibility of the proposed street improvement described in the form of Notice of Hearing set forth below, and as to the estimated cost of such improvement, said report is hereby approved and directed to be placed on file in the office of City Clerk. 2. This Council shall meet on Monday, April 3, 1995, at 7:OO PA. in the Edina City Hall, to consider in public hearing the views of all persons interested in said improvement. 3. place and purpose of said meeting to be published in the officialnevspaper once The Chief Engineer, having submitted to the Council a preliminary report as The City Clerk is hereby authorized and directed to cause notice of the time, 3 120195 243 a week for two successive weeks, the second of which publication is to be not less than three days from the date of said meeting,and to mail notice to all affected properties in substantially the following form: ._ (Official Publication) -- ._--- CITY OF EDINA 4801 WEST 50TH STREET EDINA, MN 55424 NOTICE OF PUBLIC HEARING STREET IWRO- NO. BA-302 MALONEY AVENCE FROM BTAKE ROAD TO WASHINGTON AVENUE The Edina City Council will meet at the Edina City Hall, on Monday, April 3, 1995 at 7:OO PM to consider the following proposed improvement to be constructed under the authority granted by Minnesota Statutes, Chapter 429. Maloney Avenue from Blake Road to Washington Avenue Permanent Street Surfacing with Concrete Curb and Gutter/Sidewalk Improvement BA-302 Estimated Cost $ 550,188.19 The area proposed to be assessed for a portion of the cost of the proposed improvement includes: Lot 7, incl. adj. 1/2 of vac. alley, Blk 13, Mendelssohn; That part of the S 1/2 of NU 1/4 corresponding to Lots 4 and 5 Mealeys Grand View revised, now vacated incl. adj. 1/2 of street vacation; That part of N 1/2 of S 1/2 of NWl/4 corresponding to Lots 6, 7 and 8 incl. adj. street and alleys of Mealeys Grand View revised, now vacated except hwy.; Beg. on the N line of S 1/2 of NU 1/4 at a point 329.54 ft. W of the NE corner thof.,then S 370.9 ft. then W 492.37 ft., then N 370 ft.to the N line of S 1/2 of Nw 1/4, then to beg.; Commencing on a line of S 1/2 of NW 1/4 at a point dis. 829.58 ft W from NE corner thof., then S688.75 ft. to center line of Summit Av., then at right angles W to center line of Grand View Av, then Northerly along Center Line of said Av. to the Center Line of Shady Av., then Northeasterly along the center line of said Av. to N line of S 1/2 of NW 1/4 then E to beg.; Lots 1 thru 4, Block 1, Hansons 2nd Addn.; Lot 1, Blk. 1, Blanche Addn.; Beg. at NE comer of Lot 1 then W to a point 40 ft. E from NW corner thof., then S to an intersection with a line running from SE comer of Lot 6, to the NW corner of Lot 2, then southeasterly to SE comer of Lot 6 then N to beg., also the W 10 ft. of Lots 21 thru 24 incl. Griffis Subdivision of Blk 18, Mendelssohn, Willards Subdivision of Blk. 17; That part of Lot 24 lying E of the W 10 ft thof., and that part of the N 5 ft of Lot 23 Lying E of the W 10 ft thof., and Lots 1 and 2, Griffis Subdivision of Blk 18; S 1/2 of Lot 11 and Lots 12-15, Blk 9; Lot 13 incl. 1/2 of adj. vac. alley, Lot 14 and S 19 ft. of Lot 15 incl. adj. 1/2 of vac. alley, Blk. 10; S 14 ft. of Lot 12 and all of Lot 13, Lot 14 and the S 14 ft. of Lot 15, Blk 11; S 14 ft of Lot 12 and all of Lot 13 incl. adj. 1/2 of vac. alley, Lot 14 and S 11 ft.of Lot 15 incl. adj. 112 of vac. alley, Blk. 12; Lot 13 and S 18 ft. of Lot 12 incl. adj. 1/2 of vac. alley, Lot 14 and that part of Lot 15 lying S of the N 42 ft. thof. incl. adj. 1/2 of vac. alley, Blk. 13; Lot 13 and S 8 ft. of Lot 12 bcl. adj. 1/2 of vac. alley, S 44 ft. of Lot 14 incl. adj. 1/2 of vac. alley, Blk. 14;Lot 13 incl. adj. 1/2 of vac. alley, Lot 14 and S 14 ft. of Lot 15 incl. adj. 1/2 of vac. alley, Blk. 15;Lot 13 and S 23 ft. of Lot 12, Lot 14 and S 20 ft. of Lot 15, Blk. 16, West Minneapolis Heights; Lot 5, Steiner and Koppelman's First; That part of the S 198 ft lying E of the W 141 ft thof, Blk 16, Mendelssohn; Lot 2, Blk 2, Lot 3, Blk 1, Davie's First Addn; W 64.5 ft. of Lot 6 and S 120 ft of Lot 7, Blk 14 incl adj. vac alley, also the E 20 ft. of S 160 ft of Blk 15, Mendelssohn; The E 110.5 ft of Lot 6, Blk 14, that part of Lot 6 lying W of the E 67 ft thof., and the E 67 ft of Lot 6 incl adj 1/2 of vac alley, Blk 13, Mendelssohn; Lot 1, Blk 2, and Lot 1, Blk 1, Mendelssohn Heights; and Blk 1, Ascension Addn. These properties are proposed to be assessed at $20.00 per lineal foot of property abutting Maloney Avenue. Marcella M. Daehn City Clerk 3/20/95 244 Motion carried on rollcall vote - four ayes. *3.2 BEER LICENSE RENEWALS APPROVED Motion was made by Member Paulus and was - seconded by-Member Smith for approval of 3.2 beer license renewals for the-- Ciatti's Italian Restaurant, Corelli's Pizza 6: Pasta, Daytons Food Service, Good Earth Restaurant, Two Guys from Italy, Hawthorn Suites Hotel, Mick's at Southdale, Normandale Golf Course, Original Pancake House, Pantry Restaurant, Pizzeria Uno, Q. Cumbers, Ruby Tuesday, Sidney's Pizza Cafe, Szechuan Star Restaurant, TJ's Family Restaurant, Tejas, The Lotus 111, Tour Cafe; OFF-SALE - Country Store, Holiday Stations Inc., Jerry's Foods, Kenny's Market, SuperAmerica. . following establishments: ON-SALE - Braemar Golf Course, Braemar Golf Dome, Motion carried on rollcall vote - four ayes. WN-SBLE WIlE LICENSE RENEW.. APPROVED Motion vas made by Member Paulus and was seconded by Member Smith for approval of on-sale wine license renewals for the following establishments: The Pantry, and Ruby Tuesdays. Motion carried on rollcall vote - four ayes. VACANCY NOTED ON COMMUNITY HEBLTB SERVICES ADVISORY COMMITTEE Mayor Richards noted that a vacancy exists on the Community Health Services Advisory Committee and encouraged the Council to submit names of interested providers to him for possible appointment. RESOLUTION ADOPTED SETTING PUBLIC HEARMG DATE OF APRIL 17, 1995, REGARDING PROPOSED TRANSFER OF OWNERSHIP OF PARAGON CABLE Manager Rosland informed Council that Paragon Cable and its home company, KBLCOM, Inc., is selling to Time Warner, Inc. Certain steps must be taken to satisfy State, Federal and City ordinance requirements. hearing date for April 17, 1995. The April 17, 1995, meeting would include hearing of the proposal as well as First Reading of the ordinance amendment. Upon receiving First Reading, the ordinance would be presented to the Southwest Suburban Cable Commission for review and recommendation and would be back before the Council at a regular meeting in June. The first step would be to adopt a resolution setting a public Member Smith introduced the following resolution and moved adoption: RESOLUTION REQUIRING A PUBLIC HEARING REGARDING THE PROPOSED TRANSE'ER OF OUNE€SHIP OF PARAGON CABLE WEREAS, on or about February 21, 1995, the Southwest Suburban Cable Commission of vhich the City of Edina is a member, received a letter and Form 394 from Paragon Cable, the current franchisee of the cable system in Edina, stating that KBLCOM Incorporated vhich is a wholly-owned subsidiary of Houston Industries and which owns 100 percent of Nortel Cable Corporation and Countryside Investments, Inc. which own Paragon Cable, would become a wholly-owned subsidiary of Time Warner, Inc.; and WEEREAS, the federal Cable Communications Policy Act of 1984, as amended by the Cable Television Consumer Protection and Competition Act of 1992, states that: 1) a cable operator cannot transfer a cable system unless it has held the system at least thirty-slx (36) months; and 2) if a cable transfer or sale requires franchising authority approval, the franchising authority has 120 days from receipt of the Form 394 to approve the sale; and 'RHEBEBS, the Minnesota Cable Communications Act and Article XII, Section 1, Subsection B of the cable franchise ordinance for the City of Edina state that a franchising authority which receives a written request for approval of a sale or transfer shall ansver in writing within thirty (30) days of the request and shall state whether it approves the request or whether it determines that a public hearing is necessary because the sale or transfer may adversely affect the subscribers ; and 31 20195 245 I WEEREAS, the Minnesota Cable Communications Act and the cable franchise ordinance for the City of Edina state that if a public hearing is deemed necessary, such hearing shall be conducted within thirty (30) days of such determination and notice of such a hearing shall be given fourteen (14) days beforesuch-hearing by- publishing notice once in a newspaper of general circulation in the area served by the franchise; and WHEREAS, Article XII, Section 1, Subsection G of the cable franchise ordinance for the City of Edina states that the City of Edina may inquire into the qualifications of the prospective controlling party, and the Grantee shall assist the City in such an inquiry and pay all costs incurred by the City in so inquiring, including City staff time at a value determined by the City; and WHEREAS, pursuant to Article XI of the cable franchise ordinance for the City of, Edina, the Minnesota Cable Communication Act and the federal Cable Communications Policy Act of 1984, as amended by the Cable Television Consumer Protection and Competition Act of 1992, the City of Edina has up to 120 days to exercise its right to purchase the system at the bona fide purchase price in the offer. NOW, THEREFORE, the City of Edina resolves as follows: least thirty-six (36) months. cable system and it is reviewing the Form 394 provided by Paragon Cable and Time Warner, Inc. to determine the effect of the proposed transfer on Edina subscribers. the sale or transfer is currently unhown and the effect on the subscribers may be adverse. Such a hearing will beheld on April 17, 1995, at 7:OO P.M. cable system pursuant to Article XI of the cable franchise ordinance for the City of Edina and it is determining whether to exercise that right. BE IT PORTKER RESOLVED, that the City Clerk is directed to send a copy of this Resolution to Paragon Cable and Time Warner, Inc. Motion was seconded by Member Maetzold. 1) 2) The City hereby states that Paragon Cable was held by KBLCOM for at The City hereby states that it must approve a sale or transfer of the Accordingly, a public hearing is necessary because the effect of 3) The City of Edina acknowledges that it has the right to purchase the Ayes: Maetzold, Paulus, Smith, Richards Motion carried. RETXIIEMENT OF CITY CLERK DAEHN ANNOUNCED Manager Rosland reported that City Clerk Marcella Daehn has submitted her retirement notice effective April 28, 1995. A reception is planned for April 28 at Edinborough Park. CLAIWS PAID Member Smith made a motion to approve payment of the following claims as shown in detail on the Check Register dated March 16, 1995, and consisting of 32 pages: General Fund $281,293.40; Communication $350.84; Working Capital $15,126.59; Art Center $6,609.37; Svimming Pool $117.76; Golf Course $36,315.86; Ice Arena $14,078.81; Gun Range $2,124.24; Edinborough/Centennial Lakes $25,038.38; Utility Fund $41,654.49; Storm Sewer $903.63; Recycling $35,718.27; Liquor Fund $57,703.89; Construction Fund $775.00; TOTAL $517,810.53; and for confirmation of payment and the following claims as shown in detail on the Check Register dated March 10, 1995, and consisting of 9 pages: General Fund $105,023.81; Liquor Fund $198,374.16; TOTAL $303,397.97. Motion was seconded by Member Maetzold. Rollcall : Ayes: Maetzold, Paulus, Smith, Richards Motion carried. TAX EXEMPT REVENUE BOND GUIDELINES DRAFTED Council that on February 21, 1995, Council authorized issuance of Tax Exempt Revenue Bonds for Volunteers of America. Following that approval, Council directed staff to prepare guidelines addressing future requests for revenue bond financing. following guidelines have been drafted for Council consideration. Assistant Manager Hughes reminded He reported that with the assistance of Attorney Gilligan the 31 201 35 246 TAX-EXEMPT REVENUE BOND FINANCING GUIDELINES 1. A significant amount of the bond proceeds must be used for property improvements or to refund previously issued City of Edina bonds or to preserve - opportunities for housing for low and moderate income individuals. ._ - --- - In addition to new construction, public improvements include replacing or rehabilitating basic building systems such as plumbing, electrical, mechanical, structural, energy efficiency improvements or leasehold improvements. 2. All properties receiving revenue bond financing must comply with urban design standards. Urban design standards include adequate parking, landscaping, screening, and noise and air quality. 3. - - - sufficient at all times to cover debt service, or - Council which concludes that sufficient revenues will be generated to cover debt service, 4. - Revenue bonds will only be issued if: The Bonds bear a rating of at least "A" or an equivalent rating. The Bonds are privately placed rather than publicly offered, or The Bonds are secured by a letter of credit or other acceptable security There is submitted to the City a feasibility study satisfactory to the The City of Edina may issue revenue bonds a portion of which benefit At least 51% of the bond proceeds must be directed to projects within Edina . A formal request must be received from the City in which the project is located. The City Council must conclude that the use of bond proceeds in another city will not cause a relocation of a business entity or employees from Edina . properties outside the City limits subject to the following: I - - 5. 6. 7. An issuance fee of 1/2 percent of the bond principal amount of the bond The issuance of the revenue bonds must not adversely affect the City's The City reserves the right to select bond counsel and other issue must be paid to the City. ability to issue bank qualified bonds. consultants or advisors with respect to the bond issue. Mayor Richards suggested that the issuance fee language be l1up to" 1/2 percent. Member Smith asked if No. 5 would cover costs incurred by the City. Attorney Gilligan answered that language could be added to cover out-of-pocket costs. Member Maetzold suggested that in No. 3 additional language be added that Bonds are secured by a letter of credit from a bank acceptable to the City of Edina. He added that although 51% of bond proceeds be directed to projects within Edina seemed low, he could not identify a rational for a higher amount. Following discussion, Mayor Richards concluded that the matter of the tax-exempt revenue bond financing guidelines be continued to the meeting of April 3, 1995, so that revisions could be made to reflect Council's comments. There being no further business on the Council Agenda, Mayor Richards declared the meeting adjourned at 9:15 P.M. City Clerk