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HomeMy WebLinkAbout2012-03-06 Reg Mtng MINUTES OF THE REGULAR MEETING OF THE EDINA CITY COUNCIL HELD AT CITY HALL MARCH 6, 2012 7:05 P.M. 1. CALL TO ORDER Mayor Hovland called the meeting to order at 7:05 p.m. I/. I ROLLCALL Answering rollcall were Members Bennett, Brindle,Sprague, Swenson and Mayor Hovland. Ill. MEETING AGENDA APPROVED Member Bennett made a motion,seconded by Member Brindle,approving the meeting agenda. Ayes: Bennett, Brindle,Sprague, Swenson, Hovland Motion carried. Manager Neal requested the agenda be revised to add two items. Member Swenson made a motion, seconded by Member Bennett, revising the meeting agenda to add item VIII.E. Resolution 2012-46, opposing the proposed closure of the Division IV Southdale Courthouse of the Fourth Judicial District; and, Item VIII.F. Resolution 2012-47,approving amendment to easement. Ayes: Bennett, Brindle,Sprague, Swenson, Hovland Motion carried. IV. CONSENT AGENDA ADOPTED Member Swenson made a motion, seconded by Member Sprague, approving the consent agenda as follows: IV.A. Approve regular and work session meeting minutes of February 21, 2012; work session meeting minutes of February 17 and 18,2012;and work session meeting minutes of February 28,2012 IV.B. Receive payment of the following claims as shown in detail on the Check Register dated February 23, 2012, and consisting of 20 pages; General Fund $82,610.72; Police Special Revenue $387.60; Working Capital Fund $532,002.48; Equipment Replacement Fund $26,373.50; Art Center Fund $3,687.90; Golf Dome Fund $10,921.26; Aquatic Center Fund $45.96; Golf Course Fund $12,838.98; Ice Arena Fund $8,806.23; Edinborough/Centennial Lakes Fund $1,829.24; Edinborough Park Fund $6,165.38; Centennial Lakes Park Fund $1,884.28; Liquor Fund $125,806.38; Utility Fund $26,957.78; PSTF Agency Fund $17,482.64; Payroll Fund $1,738.10; TOTAL$859.538.43 and for approval of payment of claims dated March 1, 2012, and consisting of 25 pages; General Fund $380,546.91; Communications Fund $7.24; Police Special Revenue $379.69; Working Capital Fund $22,278.47; Equipment Replacement Fund $5,228.53; Art Center Fund $2,439.18; Golf Dome Fund $145.43; Aquatic Center Fund $1,893.99; Golf Course Fund $4,431.39; Ice Arena Fund $15,589.73; Edinborough/Centennial Lakes Fund $1,171.49; Edinborough Park Fund $16,451.29; Centennial Lakes Park Fund $4,561.50; Liquor Fund $117,692.05; Utility Fund $64,152.08; Recycling Fund $32.99; PSTF Agency Fund $8,607.26; Payroll Fund$3,420.76;TOTAL$649.029.98 IV.C. Request for Purchase, 2012 GMC 4 x 4 Extended Cab Pick-up—Utility Division, awarding the bid to the recommended low bidder, Nelson Auto Center at$24,666.67 IV.D. Renewing On-Sale Intoxicating, Club On-Sale, and Sunday Sale liquor Licenses for: On-Sale Intoxicating & Sunday Sale — Big Bowl, California Pizza Kitchen, Crave Restaurant, Eden Avenue Grill, Edina Grill Restaurant, Lake Shore Grill, McCormick & Schmick Seafood Restaurant, Mozza Mia, P.F. Chang's Bistro, Pinstripes, Inc., Pittsburgh Blue, Raku, Inc., Romano's Macaroni Grill, Ruby Tuesday, Salut Bar Americain, Tavern On France, The Cheesecake Factory, and Westin Edina Galleria;and,Club&Sunday Sale—Edina Country Club and Interlachen Country Club Page 1 Minutes/Edina City Council/March 6, 2012 IV.E. Renewing On-Sale Wine and On-Sale 3.2 Beer Licenses for: Beaujo's, Biryani, Chipotle Mexican Grill, Cooks of Crocus Hill, D'Amico & Sons, Good Earth Restaurant, Marriott Residence Inn, Noodles & Company, People's Organic Coffee/Wine Galleria Cafe, Rice Paper Asian Fusion Restaurant,and TJ's of Edina. IV.F. Renewing On-Sale 3.2 Beer and Off-Sale 3.2 Licenses for: On-Sale 3.2 — Chuck E. Cheese's and Davanni's Pizza/Hoagies; and, Off-Sale 3.2 — Cub Foods, DB Convenience LLC (Edina Market & Deli), Holiday Stationstore#217,Jerry's Foods,and Super America. IV.G. Accept Traffic Safety Report of February 1,2012 IV.H. Adopt Resolution No. 2012-43,setting April 3,2012, Public Hearing for Municipal Consent—1-494 Auxiliary Lane IV.I. Request for Purchase, Terex PT 60 Track Loader— Braemar Golf Course, awarding the bid to the recommended low bidder,Titan Machinery at$29,477.19. IV.J. Adopt Resolution No. 2012-44, approving amendment Hennepin County Fire Chiefs Joint Powers Agreement IVX Request for Purchase, Fire Department Type I Ambulance, awarding the bid to the recommended low bidder, Premier Specialty Vehicles at$149,867.00. Rollcall: Ayes: Bennett, Brindle,Sprague,Swenson, Hovland Motion carried. V. SPECIAL RECOGNITIONS AND PRESENTATIONS V.A. RESOLUTION NO. 2012-45 ADOPTED—AUTHORIZING FIRE DEPARTMENT TO ACCEPT FEMA FIRE ACT GRANT Fire Chief Scheerer requested adoption of Resolution No. 2012-45 authorizing the Fire Department to accept the FEMA Fire Act Grant in the amount of $74,520 and execution of the grant agreement. He described the protective equipment that would be purchased and noted the City's ten percent match would equal $8,280. Member Brindle introduced and moved adoption of Resolution No. 2012-45, Edina Fire Department Assistance to Firefighters Grant. Member Swenson seconded the motion. Ayes: Bennett, Brindle,Sprague, Swenson, Hovland Motion carried. VI. PUBLIC HEARINGS HELD-Affidavits of Notice presented and ordered placed on file. VI.A. CONDITIONAL USE PERMIT AND LOT WIDTH VARIANCE, 5421 FRANCE AND 3717 FULLER, ST. PETER'S LUTHERAN CHURCH—RESOLUTION NO.2012-37&RESOLUTION NO.2012-38 ADOPTED Planning Assistant Presentation Planning Assistant Aaker presented the request of St. Peter's Lutheran Church for a 15-foot lot-width variance to build on its vacant property located at 3717 Fuller Street and Conditional Use Permit (CUP) amendment to change the proof-of-parking plan. It was noted the requested change in proof-of-parking would still provide one stall beyond ordinance requirements. Ms. Aaker presented staffs rationale that the requested variance was reasonable, met required findings and ordinance requirements, and recommended approval. The Planning Commission, at its January 25, 2012, meeting, unanimously recommended approval of the requested CUP and variance subject to the findings and conditions detailed in the staff report. The Council discussed the application and asked questions of Ms. Aaker relating to past and present uses of the subject site, the traffic study conducted to determine parking need, and whether the Church intended to construct an addition in the future. It was noted that additional proof-of-parking would be required to increase the size of the Church. Proponent Presentation Page 2 Minutes/Edina City Council/March 6, 2012 Jim Ravell, Congregational President St. Peter's Church, clarified the Church was not contemplating selling additional lots or building addition. He indicated the Church operated an Early Childhood Center and Christian Day School and both uses were contemplated in the parking study. Mayor Hovland opened the public hearing at 7:25 p.m. Public Testimony No one appeared to comment. Member Swenson made a motion,seconded by Member Sprague,to close the public hearing. Ayes: Bennett, Brindle, Sprague, Swenson, Hovland Motion carried. Jeff Schoenwetter, JMS, 5250 West 74th Street, explained the home proposed for the site met the requirements of City code, preserved a large rear yard, and fell short of maximizing the potential of the site in hard cover, square footage area, and setbacks. He noted that from the elevation and height perspective, the home would be similar to the three new homes to the east. The Council asked about the first-floor elevation. Ms. Aaker explained this was a vacant lot and the maximum height of 35 feet would be measured from the existing grade. Member Brindle introduced and moved adoption of Resolution No. 2012-37,approving a Conditional Use Permit at 5421 France based on the following findings: 1. The proposal meets the Conditional Use Permit conditions per Section 850.04 Subd.S.E, of the Edina Zoning Ordinance. 2. The proposal meets all applicable Zoning Ordinance requirements. 3. The revised proof-of-parking plan allows the release of 3717 Fuller Street from the 1983 proof-of- parking agreement allowing the Church opportunity for alternative options for use of the property. And subject to the following conditions: 1. Recording of a revised proof-of-parking agreement with attached parking plan by SRF Consulting Group,Inc.dated:January 17,2012,with Hennepin County. Z. Execution of a proof-of-parking agreement. And adoption of Resolution No. 2012-38, approving a lot width variance at 3717 Fuller Street, based on the following findings: 1. With the exception of the variance requested,the proposal would meet the required standards and ordinances for the R-1,Single Dwelling Unit District. 2. The proposal would meet the required standards for a variance, because: a. The proposed use of the property is reasonable; as it is consistent with the Comprehensive Guide Plan. b. The request is reasonable given that a home had occupied the lot in the past. c. The lot width of the subject property is consistent and similar to those near it. 3. The proposal is in harmony with the intent of the ordinance since it will allow replacement of a home that had occupied the lot in the past and was originally platted for that purpose. 4. The unique circumstances are that the property is not needed for future parking demands of the Church,however, may not be sold for redevelopment without the benefit of a lot width variance. And subject to the following conditions: 1. Recording of a revised proof-of-parking agreement with attached parking plan by SRF Consulting Group,Inc.dated:January 17,2012,with Hennepin County. Member Sprague seconded the motion. Rollcall: Ayes: Bennett, Brindle, Sprague,Swenson, Hovland Motion carried. VI.B. REZONING FROM PCD-4, TO PUD, 6996 FRANCE AVENUE, FE70, LLC—ORDINANCE NO. 2012-9& RESOLUTION NO.2012-39 TABLED TO MARCH 20,2012 Page 3 Minutes/Edina City Council/March 6. 2012 Planning Assistant Presentation Planning Assistant Aaker presented the request of FE 70, LLC for rezoning from PCD-4 Planned Commercial District, to PUD, Planned Unit Development District; a Zoning Ordinance amendment that established the PUD zoning district; and Final Development Plan approval to construct an 8,260 sq.ft. retail/office building at 6996 France Avenue. Ms. Aaker indicated the Planning Commission, at its February 8, 2012, meeting, unanimously recommended approval of the application subject to the findings and conditions detailed in the staff report. Ms. Aaker presented staff's rationale that the request for rezoning to PUD, Zoning Ordinance amendment to establish the PUD zoning district, and Final Development Plan were reasonable, met required findings and ordinance requirements, and recommended approval. The Council noted the current building rendering as presented was a huge departure from the building rendering submitted for the July 22, 2011, sketch plan review and the December 6, 2011, Preliminary Rezoning and Preliminary Development Plan approval. Ms. Aaker confirmed the plans submitted for this review were different than the renderings dated July 22, 2011. She noted the Planning Commission had also commented on that issue. The Council compared the two renderings and pointed out the differences in the current rendering, with fewer windows, especially at the corner, and less stone. The Council requested a legal opinion on its ability to require construction of the July 22, 2011, rendering. City Attorney Knutson advised the Council was not bound by prior sketch plan approval and nothing was approved until the property was rezoned and the ordinance adopted. He recommended, if the Council had concern with the building and design elements, to entertain the proponent's presentation, hold and close the public hearing, and table consideration to allow the proponent to bring back a plan that was responsive to the Council's concerns. Proponent Presentation Dean Dovolis, DJR Architecture, 5009 Ridge Road, explained the rendering was changed in response to tenant requirements; however, he did not believe it was substantially changed. He presented the rendering and indicated the roof design was the same as rendered in the July 22, 2011, plan. Mr. Dovolis said due to requirements of the Vitamin Store, the windows on the second story [at the SE corner] had been removed but additional windows were added to the AmeriTrade facade [at the NE corner]. The percentage of stone was the same as rendered in the July 22, 2011, plan. Mr. Dovolis noted Edina's sign ordinance would allow 300 sq. ft. of signage but the proposal was for only 50 sq.ft. of signage. The Council asked if it would not be economically viable to include the second-story glass. Mr. Dovolis advised the Vitamin Store would not be interested in the space if a second story with glass was required. The Council noted tenants don't stay forever but once constructed, the building would remain without glass and stone on this significant corner. Mr. Dovolis explained the building was designed so the second story corner space could evolve in the future and convert back to glass. He indicated the stone was removed from the second story because it would preclude converting that area to glass. The building material under the Vitamin Store sign would be a light grey metal with darker color metal as accent and window trim. The Council indicated its intention to elevate requirements, including design, when considering a PUD. Ms. Aaker explained that a change in facade post approval would require a PUD amendment. Mr. Dovolis encouraged balance and cautioned that driving the design too far could result in a building that was difficult to lease. The Council acknowledged that in this case,signage was running the aesthetic. Mayor Hovland opened the public hearing at 8:12 p.m. Public Testimony No one appeared to comment. Page 4 Minutes/Edina City Council/March 6, 2012 Member Swenson made a motion,seconded by Member Brindle,to close the public hearing. Ayes: Bennett, Brindle, Sprague, Swenson, Hovland Motion carried. The Council indicated it would not want tenancy to drive design aesthetics and support was expressed to look at other options. Member Sprague made a motion, seconded by Member Bennett, to table consideration of Ordinance 2012-9, amending the Zoning Ordinance to establish a PUD, Planned Unit Development District at 6996 France Avenue, and Resolution No. 2012-39, approving a Final Rezoning and Final Development Plan for FE 70 LLC at 6996 France Avenue, to the March 20, 2012, Council meeting. The Council acknowledged that when the preliminary design was approved, much discussion occurred relating to how this building created a visual tie-in with aesthetics of neighboring buildings across France Avenue. However, the final site plan included a substantive change at a most visible corner, possibly necessitating review through the site plan process. Ms. Aaker indicated the Council had until May 1, 2012, to act on this application. Mr. Dovolis sketched a compromise design to lower the Vitamin Store signage and insert false glass into the upper half of the second story, which would better mimic the second story of the AmeriTrade corner. The Council pointed out another variation was the loss of overhang articulation at windows and doors, and asked Mr. Dovolis to address how to better balance the loss of"soaring" articulation at the corner of the building. The Council recommended the updated rendering incorporate the issues raised, include an option of a stone band above the glass, and more accurately reflect building colors and materials. Mr. Dovolis stated he would provide the new rendering in both black and white and a hand-colored rendering. The Council acknowledged that the attraction of a PUD was the flexibility offered to the proponent; however, it had to balance with obtaining public benefit. Ayes: Bennett, Brindle,Sprague, Swenson, Hovland Motion carried. VI.C. TRACY AVENUE ROADWAY IMPROVEMENT NO. BA-368—RESOLUTION NO.2012-41 ADOPTED City Engineer Presentation Director of Public Works/City Engineer Houle summarized the Tracy Avenue Roadway Improvement No. BA-368 and advised staff found this project was necessary, cost effective and feasible. He indicated this project would be assessed under Statute 429. Andrew Plowman, WSB & Associates, 701 Xenia Avenue S., identified the project area, described existing conditions, and the proposed improvement to streets, sidewalks, bike lanes, and roundabout at Tracy and Benton Avenues. The preliminary project cost was estimated at$1,287,400 with the City paying$495,000, Municipal State Aid paying $651,000, and benefitting properties assessed $141,400. There would be 32 Residential Equivalent Units (REU) assessed at a cost of $4,418.75/REU; and nine properties would be assessed at one-third REU; one property would be assessed at 4 REUs, and 25 properties would be assessed at each one REU. Mr. Plowman presented the project schedule. Mr. Plowman displayed four alternatives considered for Tracy/Benton Avenue intersection and resulting costs. Reconstruction with the current configuration was estimated to cost $100,000; the proposed roundabout was estimated to cost $165,000; a partial realignment of the intersection was estimated to cost$225,000, and full realignment of the west leg of the intersection was estimated to cost$238,000. The Council asked questions of Mr. Plowman relating to the driver's experience when approaching and driving through the roundabout, resulting in heightened awareness of the driveway. Mr. Plowman stated the travel lane width would be reduced to 11 feet which also resulted in traffic calming. Mr. Houle stated staff asked the school district for input on this design and it had indicated no concerns relating to bus traffic, drop off areas, roundabout, or the intersection alignment. Mr. Plowman and Mr. Houle Page 5 Minutes/Edina City Council/March 6, 2012 acknowledged that correspondence from the School District stated that 'the current intersection arrangement does not create limits for bus travel at the school. The Council addressed the travel pattern for pedestrians and methods to enhance crossing safety. Mr. Houle doubted this intersection would meet warrants for flashing lights; however, bump outs were proposed to reduce the width of pedestrian path to cross the roadway. The Council discussed the proposed single-lane roundabout design. Mr. Houle indicated the Police Chief submitted a memorandum in support, but the Fire Chief indicated the roundabout was too small for fire trucks. Mr. Plowman stated WSB ran modeling for the City's current fire trucks and determined there would be a 4.5 second loss on call response assuming the fire truck would traverse at 30 mph and go through the stop sign compared to traveling the elliptical roundabout at 15 miles per hour. The Council asked whether an off-set intersection design would also calm traffic. Mr. Plowman answered that stop signs were not considered to be methods for calming traffic and additional benefits of roundabouts were reduction of fuel consumption and emissions. He noted a roundabout also enhanced pedestrian safety in having to cross only one lane of traffic at a time, the refuge island, and need to look for traffic in only one direction. Mr. Plowman and Mr. Houle acknowledged that there have been no crashes reported at the intersection of Tracy and Benton in records dating back to 2001. Mr. Plowman also acknowledged that the most recent traffic volumes for the intersection had been measured in 1997, 1998 and 2001, were under 400 vehicles per day on Benton west of Tracy, and that traffic speeds had not been measured. Mr. Houle presented the recommendation of the ETC that the offset intersection at Benton/Tracy Avenue alignment remain as is with the remaining portion of the corridor to retain the sidewalk along the easterly side of the corridor, northbound parking bay which included bump outs at the intersection of Grove Street, Warden Avenue, and Hawkes Terrace, northbound bike lane, northbound through lane, southbound through lane and southbound bike lane. Mr. Houle stated that ETC members had indicated support for seeking a variance to reduce the travel lane to 10 feet. He indicated staff could prepare a submittal for a variance to reduce the travel lane, if desired. Mayor Hovland opened the public hearing at 9:02 p.m. Public Testimony Alex Johnson, 5844 St.Johns Avenue,addressed the Council in support of the proposed bike lanes. Steve Enck, 5700 Benton Avenue,addressed the Council in opposition of the proposed roundabout. Peter Kelley, 4020 Inglewood Avenue, addressed the Council as chair of the Bike Edina Task Force, in support of the proposed bike lanes. Jean Uphoff, 6020 Tracy Avenue, addressed the Council in opposition to the proposed bike lanes. Susan Clark, 5812 West 615`Street, addressed the Council in opposition to the proposed roundabout. Dorothy Kerzner, 5828 Jeff Place, addressed the Council in opposition to the proposed roundabout and widening of the roadway. William Rodgers, 6100 Arbour Lane, addressed the Council in opposition to the proposed roundabout and widening of the roadway. Page 6 Minutes/Edina City Council/March 6, 2012 Gretchen Shanight, 5612 Tracy Avenue, addressed the Council in support of data-driven decisions, retaining on-street parking and increased bicycle use and safety. David Henry, 5712 Creek Valley Road, addressed the Council in support of studying and designing for Tracy Avenue as a whole. Harvey Havir, 6108 Tracy Avenue, addressed the Council in support of studying and designing for Tracy Avenue as a whole. Richard Conkey, 5605 Tracy Avenue, addressed the Council in support of retaining on-street parking and the proposed bump-outs. Andrew Langfield, 5805 Tracy Avenue, addressed the Council in support of retaining on-street parking, narrower bike lanes, and no widening of the street. Janet Kramer, 5616 Warden Avenue, addressed the Council in support of proposed changes. Michael Sonnek, 5604 Tracy Avenue, addressed the Council in support of a reduced 25 mph speed limit with bike lanes on Tracy Avenue. Greg Rustad, 5616 Grove Street, addressed the Council questioning the utility of one mile of bike lanes. Alice Hulbert, 7221 Tara Road, addressed the Council in support of the proposed roundabout and bike lanes. Member Swenson made a motion,seconded by Member Brindle,to close the public hearing. Ayes: Bennett, Brindle,Sprague,Swenson, Hovland Motion carried. Mr. Houle and Mr. Plowman addressed issues brought forward during public testimony and described the process used to assure protection of trees during project construction. Mr. Houle described project elements that would provide multimodal transportation yet maintain and enhance a "neighborhood" atmosphere on Tracy Avenue. He indicated the four feet of property required for this project, as proposed, was available within the City's rights-of-way. Mr. Plowman addressed the suggestion to widen the "throat" of Benton Avenue, west of Tracy Avenue, to ease the bus turning movement; however, it would create more pavement for parking or use as a right turn lane. Mr. Houle reviewed options considered for the driveway location of the Enck property. Member Sprague introduced and moved adoption of Resolution No. 2012-41, ordering Tracy Avenue Roadway Improvement from Vernon Avenue to Benton Avenue, Improvement No. BA-368, subject to inclusion of a 25 mph speed limit from Vernon Avenue to the Crosstown, one radar speed sign at the approach to the school, and bio-swale or stormwater retention plan at the low elevation of the boulevard, north of the roundabout. Member Brindle seconded the motion. Members Bennett, Brindle, Swenson, and Hovland spoke in support of the ETC recommendation, noting the current off-set intersection served the neighborhood well by creating traffic calming and bringing traffic to a full stop at pedestrian crossings could be enhance by a lowered speed limit and flashing lights. It was noted that inclusion of bike lanes would enable the City to reduce speed to 25 mph by its own resolution and support was also expressed to install two "No U-Turn" signs. The Council indicated it would not want to impede the progress of fire trucks through the intersection. With regard to moving the curb line to reduce the street width, Mr. Houle explained that boulevards more narrow than the standard five feet would require additional and costly stormwater treatment. Member Sprague spoke in support of the engineer's recommendation to provide sound infrastructure by addressing this substandard intersection. Page 7 Minutes/Edina City Council/March 6, 2012 He suggested this project was the perfect application for a roundabout, would reduce pedestrian and bicycle conflicts, and could serve as a model in other locations. The Council thanked all for the high level of discourse and the ETC for its analysis and recommendation on the project. Aye: Sprague Nays: Bennett, Brindle, Swenson, Hovland Motion failed. Member Swenson moved that the Council adopt Resolution No. 2012-41 order the Tracy Avenue Roadway Improvement Project from Vernon Avenue to Benton Avenue (Improvement No. BA-368) as recommended by the ETC, with the Vernon to north of Benton segment as proposed in the Feasibility Study;the Tracy and Benton intersection to be reconstructed with the current off-set alignment;and the addition of a 25mph speed limit, crosswalks and pedestrian safety enhancements at the Tracy and Benton intersection, a radar dynamic speed sign on Tracy,and installation of"No U-Turn" signs on Tracy south of the Tracy and Benton intersection. Member Bennett seconded the motion. Member Sprague offered a friendly amendment that stormwater management be incorporated north of the intersection to improve water quality. Member Swenson declined the friendly amendment. The Council requested staff consider Living Streets concepts that might be applicable to this project and to gain community input on those concepts. Rollcall Ayes: Bennett, Brindle,Swenson, Hovland Nays: Sprague Motion carried. Vll. COMMUNITY COMMENT Andrea Anderson, 11 Cooper Avenue, opined that coyote hazing was not sufficient and urged the Council to take immediate action to mitigate the coyote population. Vlll. REPORTS/RECOMMENDATIONS VIII.A. RESOLUTION NO.2012-40 ADOPTED—ACCEPTING VARIOUS DONATIONS Mayor Hovland explained that in order to comply with State Statutes; all donations to the City must be adopted by Resolution and approved by four favorable votes of the Council accepting the donations. Member Bennett introduced and moved adoption of Resolution No. 2012-40 accepting various donations. Member Brindle seconded the motion. Rollcall: Ayes: Bennett,Brindle,Sprague,Swenson, Hovland Motion carried. VIII.B. INTOXICATING ON-SALE RENEWAL OF COCINA DEL BARRIO APPROVED City Clerk Mangen noted the Council had adopted an amendment to City Code Section 900 to allow the issuance of a 12-month probationary On-Sale Intoxicating and Sunday Sale Liquor License to an entity not accomplishing the required 60/40 ratio of food to liquor sales. Ms. Mangen advised that at the time Cocina Del Barrio submitted its application for renewal, its ratio was 51/49. She reported Ryan Burnet, the owner, developed strategies to achieve the ratio and was willing to accept a $500 fine. Ms. Mangen stated staff met with Mr. Burnet to review the strategies and recommended approval as staff believed the owner was sincere in his efforts to meet the required food to liquor ratio. Member Swenson made a motion, seconded by Member Brindle, approving a 12-month probationary On-Sale Intoxicating and Sunday Sale Liquor License to Cocina del Barrio and imposing a$500 fine. Ayes: Bennett, Brindle,Sprague, Swenson, Hovland Motion carried. Page 8 Minutes/Edina City Council/March 6, 2012 Member Swenson left the Council Chambers. VIII.C. RESOLUTION NO. 2012-42 ADOPTED — ADOPTING PRECINCT BOUNDARIES AND POLLING LOCATIONS Member Brindle introduced and moved adoption of Resolution No. 2012-42, approving election boundaries and polling locations. Member Bennett seconded the motion. Ayes: Bennett, Brindle,Sprague, Hovland Absent: Swenson Motion carried. Member Swenson returned to the Council Chambers. VIII.D. ART CENTER STUDY SUBMITTALS AND RFP—REJECTED—ART CENTERBOARD Park& Recreation Director Keprios presented the recommendation of the Edina Art Center Board (ACB)to reject both Art Center study submittals, re-write the Request for Proposal (RFP), narrow the scope of the study, and resubmit for bid. Mr. Keprios stated there were two good candidates and presented another option to create a small committee to determine if there was an option to negotiate with the two submitters on a narrower focus to bring down the cost. The Council noted it had not received minutes from the ACB meeting when this topic had been discussed resulting in having only limited information to consider when determining this matter. Mr. Keprios indicated the meeting minutes had been prepared and apologized that information had not been provided for the Council's consideration. It was noted the Council had not met jointly with the ACB for several years so it might be timely to schedule that meeting. The Council acknowledged time was of the essence and since the ACB knew what the study was to accomplish, it supported staffs recommendation to form a small committee (staff and several ACB members) to meet with the two qualified submitters for the purpose of negotiating a narrower scope and lower cost. Member Swenson made a motion,seconded by Member Sprague, rejecting both Art Center Study submittals, directing staff to work with the Art Center Board to refine the Request for Proposal (RFP), negotiate with the two qualified submitters for a lower price, and if not successful reissue the RFP. Michael Frey, Interim Art Center Director, commented that Sutton was a qualified consultant and that he thought it would work with them (or be able) to perform a study narrowed in scope for a lower fee. He recommended the scope be narrowed and staff and the ACB attempt to renegotiate a lower price. Ayes: Bennett, Brindle,Sprague,Swenson, Hovland Motion carried. VIII.E. RESOLUTION NO. 2012-46 ADOPTED— OPPOSING THE PROPOSED CLOSURE OF THE DIVISION IV SOUTHDALE COURTHOUSE OF THE FOURTH JUDICIAL DISTRICT Mr. Neal indicated that in consideration of safety, Hennepin County directed the Southdale Court to cease all court operations commencing on September 1, 2012. Due to the impact this would have on the City, staff drafted a resolution stating the City's position opposing the closure. Member Swenson disclosed she was married to James Swenson, the Chief Judge of Hennepin County. City Attorney Knutson advised there was not a legal conflict; however, Councilmember Swenson could recuse herself if she was uncomfortable participating. Member Swenson stated she would recuse herself from this discussion and action. Member Brindle introduced and moved adoption of Resolution No. 2012-46, opposing the proposed closure of the Division IV Southdale Courthouse of the Fourth Judicial District. Member Bennett seconded the motion. Ayes: Bennett, Brindle,Sprague, Hovland Abstain: Swenson Motion carried. Page 9 Minutes/Edina City Council/March 6, 2012 VIII.F. RESOLUTION NO. 2012-47 ADOPTED—APPROVING AMENDMENT TO EASEMENT Mr. Neal stated on January 17, 2012, the City approved a 10-foot easement from the parking ramp into Jerry's Hardware; however, once the project started it was determined Jerry's Hardware actually required 12 feet 4 inches. Member Swenson introduced and moved adoption of Resolution No. 2012-47, approving amendment to easement. Member Sprague seconded the motion. Ayes: Bennett, Brindle, Sprague, Swenson, Hovland Motion carried. IX. CORRESPONDENCE AND PETITIONS — Mayor Hovland acknowledged the Council's receipt of various correspondence. X. MAYOR AND COUNCIL COMMENTS—Received X.A. DISCUSSION OF GRANDVIEW DEVELOPMENT FRAMEWORK The Council noted the Grandview Steering Committee had mailed information within the .7-mile radius of the Grandview Framework area; however, it appeared that business owners and residents remained uninformed. Communications Director Bennerotte indicated a postcard had been mailed to all business property owners in the area to inform of the status and April public hearing. She explained this information could easily be reprinted for an additional mailing; however, the first mailing expended all of the grant funds. The Council discussed the benefits of a postcard mailing to an extended area before the comment period closed, even if not within the budget, to protect the integrity of the process and assure everything possible had been done to include business owners, commercial tenants and residents. The Council supported a second mailing to all those located within .7-mile radius of the Grandview Framework area. Mr. Neal indicated staff would coordinate the mailing. The Council discussed the next step for consideration of the Grandview Development Framework, noting it was to be a 12-month implementation group; however, the Steering Committee had discussed whether to create a working group. Following discussion, the Council directed the Steering Committee to come forward with recommendations on issues members thought were important by April 17, 2012, including a recommendation on height(since height would dictate density and financing)and requested submission of the meeting minutes detailing the Committee's debate, rationale, formal motion, and vote. The Council agreed that the issue of affordable housing was already addressed in the City's Comprehensive Plan and Metropolitan Council recommendation. X1. MANAGER'S COMMENTS—Received XII. ADJOURNMENT There being no further business on the Council Agenda, Mayor Hovland declared the meeting adjourned at 11:40 p.m. Respectfully submitted, Der A. angen,City C erk Minutes approved by Edina City Council,March 20, 2012. James B. Hovland, Mayor Video Copy of the March 6, 2012, meeting available. Page 10