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HomeMy WebLinkAbout20001121_regularMINUTES OF THE REGULAR MEETING OF THE EDINA CITY COUNCIL HELD AT CITY HALL NOVEMBER 21,2000 - 200 P.M. POLICE DEPARTMENT COMMENDED FOR HANDLING OF BANK ROBBERY/SHOOTING NOVEMBER 16, 2000 Mayor Maetzold asked Chief Siitari to give a brief update on the condition of Officer Mike Blood who was shot while pursuing a bank robbery suspect on November 16,2000. Chief Siitari stated that all officers involved in the robbery acted in an exemplary manner. Officer Blood sustained severe abdominal and leg wounds when he was shot while pursuing the suspect. He has had surgery daily, was still on a respirator, and being cared for in the intensive care unit of Hennepin County Medical Center. Flying glass from his squad also injured Officer Billie Moir. He was treated and released on the 16th. Mr. Siitari explained that the community response has been great, noting the department has been wallpapered with cards from well wishers. He added that a bloodmobile had been scheduled for November 24, 2000. Mayor Maetzold thanked the Police Department on behalf of a grateful community and asked that the Chief pass on the community's thanks and well wishes. ROLLCALL Answering rollcall were Members Hovland, Kelly, and Mayor Maetzold. CONSENT AGENDA ITEMS APPROVED Motion made by Member Hovland and seconded by Member Kelly approving the Council Consent Agenda as presented. Rollcall: Ayes: Hovland, Kelly, Maetzold Motion carried. RESOLUTION NO. 2000-115 COMMENDING THE EDINA HIGH SCHOOL 2000, SOUTH SUBURBAN ADAPTED SOCCER TEAM Mayor Maetzold presented a Resolution of Commendation to the Edina High School 2000 South Suburban Adapted Soccer Team for winning the State Championship. Motion made by member Kelly and seconded by Member Hovland introducing the following Resolution and moving its adoption: RESOLUTION NO. 2000-115 RESOLUTION OF COMMENDATION EDINA HIGH SCHOOL "THE JETS,' 2000 SOUTH SUBURBAN ADAPTED SOCCER TEAM- WHEREAS, "The Jets" is a cooperative adapted soccer team consisting of high school WHEREAS, the members of the 2000 South Suburban Adapted Soccer Team-"The WHEREAS, success has come to the members of "The Jets" because of their WHEREAS, as representatives of the City of Edina, the Edina High School members of NOW, THEREFORE, BE IT RESOLVED by the Edina City Council that congratulations students from Bloomington, Eden Prairie, Richfield and Edina; and Jets"-were State Champions; and extraordinary ability, hours of practice and the leadership of their coaches; and "The Jets" exemplified the highest standards of athletic proficiency and good sportsmanship. be extended to the students from Edina High School who are members of "The Jets": Page 1 MinutesLEdina Citv CounciVNovember 21,2000 Zach Arenson Megan Hetland John Paul Miller Barb Becker, Coach Marie Moilanen, Coordinator Elaine Rothman, Teacher BE IT FURTHER RESOLVED that this resolution be recorded in the Minutes of the ADOPTED this 21st day of November, 2000. Edina City Council and that copies be given to members of "The Jets". Ayes: Hovland, Kelly, Maetzold Resolution adopted. RESOLUTION NO. 2000-116 COMMENDING THE EDINA HIGH SCHOOL 2000 GIRLS' TENNIS TEAM Mayor Maetzold presented a Resolution of Commendation to the Edina High School 2000 Girls' Tennis Team for winning the State Tennis Section Championship, the Classic Lake Conference Championship and for being the State Champions. Motion made by Member Hovland and seconded by Member Kelly introducing the following Resolution and moving its adoption: RESOLUTION NO. 2000-116 RESOLUTION OF COMMENDATION EDINA HIGH SCHOOL 2000 GIRLS' TENNIS TEAM I WHEREAS, the members of €he Edina High School 2000 Girls' Tennis Team were Champions of the Classic Lake Conference, Section Champions and State Champions; and WHEREAS, success has come to the members of the Team and individual players because of their extraordinary ability, hours of practice and the leadership of their coaches; and WHEREAS, as representatives of the City of Edina, the members of the Team and individual players exemplified the highest standards of athletic proficiency and good sportsmanship. NOW, THEREFORE, BE IT RESOLVED by the Edina City Council that congratulations be extended to the members of the Team: Lauren Baird Anne Yanda Lindsay Risebrough Sarah Prebil Kristina Bergstad Jane Anderson Molly Purdy Elizabeth Sanberg Alexandra Seaton Jelena Raicevic Jaime Gaard Steve Paulsen, Coach Trish Rothe Susan McClelland Greg Grosz, Asst. Coach Heidi Rovick Alexandra Peyton BE IT FURTHER RESOLVED that this resolution be recorded in the Minutes of the ADOPTED this 215tday of November, 2000. Edina City Council and that copies be given to all the members of the Team. Ayes: Hovland, Kelly, Maetzold Resolution adopted. I RESOLUTION NO. 2000-118 COMMENDING THE EDINA HIGH SCHOOL 2000 BOYS' SOCCER TEAM Mayor Maetzold presented a Resolution of Commendation to the Edina High School 2000 Boys' Soccer Team for winning the State Soccer Championship, the Classic Lake Page 2 MinutesEdina City CouncilNovember 21,2000 Conference and Section Championship. Motion made by Member Hovland and seconded by Member Kelly introducing the following resolution and moving its approval: RESOLUTION NO. 2000-118 RESOLUTION OF COMMENDATION EDINA HIGH SCHOOL 2000 BOYS’ SOCCER TEAM WHEREAS, the members of the Edina High School 2000 Boys’ Soccer Team were WHEREAS, success has come to the members of the Team because of their WHEREAS, as representatives of the City of Edina, the members of the Team NOW, THEREFORE, BE IT RESOLVED by the Edina City Council that congratulations Champions of the Classic Lake Conference, Section Champions and State Champions; and extraordinary ability, hours of practice and the leadership of their coaches; and exemplified the highest standards of athletic proficiency and good sportsmanship. be extended to the members of the Team: Sam Awsumb Andy Witchger Benjamin Dalton Jonathan Lewis Patrick Cronan Nicolas Horns Erik Nichols Alexander Darbut Pete Jorgensen Terence O’Connell Robert Guelich Erik Lund Daniel Roddy Philip Johns on Anthony Ruben Jeffrey Shideman Perek Lundquist Aaron Witchger Jeffrey Strickland Eric Snover David Jenson, Coach Tommy Weber Chris York Bill Garner, Asst. Coach BE IT FURTHER RESOLVED that this resolution be recorded in the Minutes of the ADOPTED this 21St day of November, 2000. Edina City Council and that copies be given to members of the Team. Ayes: Hovland, Kelly, Maetzold Resolution adopted. I *MINUTES OF THE REGULAR MEETINGS OF NOVEMBER 6,2000, APPROVED Motion made by Member Hovland and seconded by Member Kelly approving the Minutes of the Regular Meeting of November 6,2000, approved. Motion carriedon rollcall vote - three ayes. FINAL DEVELOPMENT PLAN FOR CONCORDIA PROPERTIES, L.L.C. APPROVED, (SOUTHDALE SHOPPING CENTER) Affidavits of Notice were presented, approved and ordered placed on file. Presentation by Planner Planner Larsen explained the owners of Southdale have submitted a request for Final Development Plan approval to allow the construction of an addition to the center containing a floor area of 120,007 square feet. The addition would house a 16-screen theater and two new restaurants. The theater would have a seating capacity of 3,959. The proposed addition would increase the total floor area of the center from 1,248,517 to 1,368,524 square feet. The additions would be located adjacent to the southwest corner of the center in an area now used for parking and for bansit operations. The additions would result in a reduction of the total on-site parking I from the current 7,104 spaces to 6,686 spaces. Page 3 MinutesEdina City Council/November 21,2000 Mr. Larsen stated the proposal meets Edina’s Zoning Ordinance for setback requirements and exterior building materials. However, the expansion will affect the parking areas and ring road in the southwesterly portion of the site. He explained that the center’s ring road operates as a one way system flowing clockwise around the center. The owners have a long term plan to convert to a two-way ring road. This two-way road would be partially implemented with the expansion allowing access that is more convenient to the theater. Mr. Larson added the proposed uses for the expansion should not significantly affect peak hour traffic because theaters and restaurants generate most of their demand after the afternoon peak. I The expansion wiu also affect the existing transit hub necessitating its relocation. Mr. Larsen explained that after the Planning Commission meeting the proponent reworked the plan relocating the transit hub to its proposed location resulting in a loss of an additional ten parking spaces bringing the need for a parking variance to 769 spaces. Member Kelly asked that a condition of approval be to require the 16-theater and two restaurants actually be developed on the site. He expressed concern approving the expansion without the conditions and then having it used for a different purpose. Attorney Gilligan stated when an approval such as t-his was granted, conditions may be attached to the variance. Member Hovland expressed concern over the impact on the transit hub and any potential disruption. Mayor Maetzold observed that during peak shopping times he believes the west side of the center’s parking lot is most well parked. Proponent Presentation Michael Dzaman, Jones, Lang, & LaSalle, noted that his firm has been managing the Southdale Center since the mid 1990’s and looking for a way to improve the center and add a theater since that time. Mr. Dzaman said they also identified a need for additional restaurants. He said the development team believes the expansion will ensure that Southdale Shopping Center continues as a dominant force in the market. Tenants who have indicated interest in the development are proven theater and restaurant corporations. Mr. Dzaman said the intent is to provide a movie experience that is the best the market has to offer. The theaters will feature stadium seating, and o&er high quality amenities along with some upscale restaurants. The goal is to have the project completed by the 2001 holiday season. Mr. Dzaman introduced other members of the Southdale Expansion development team: John Mellar, Jones, Lang & LaSalle; Christopher Cummins, Concordia Properties, LLC (Mall Manager); Vince Ivarone, V.M.I. Maris; Richard Taylor, The O’Connor Group; Scott Pollack, Areostreet project architect; and Gary Colliard, Colliard Group (theater developer). Member Kelly stated he was surprised when he received the plans for the proposed expansion, that the addition was centralized in one specific location. Also that the addition was proposed to be located where the mall has the highest occupancy rates. He asked the development team to present why centralization of the features rather than placing the restaurants in other positions in the mall to be superior in accomplishing the goal of increasing traffic patterns .throughout the center and lowering the vacancy rates. I Page 4 MinutesDdina Citv Council/November 21,2000 Scott Pollack, Aerostreet, project architect, gave a presentation using graphics of the proposed expansion. Mr. Pollack noted the expansion is proposed for the southwest corner of the site with the theater being placed between the existing truck tunnel and the existing parking deck. The ring road will be moved further out to maximize the parking inside of the ring road that would be more comfortable to the customers. Mr. Pollack explained there are two parking fields’ one east and one west of the expansion, both at different levels. From the lower parking field, there will be two entrances, the lobby entrance into the movie theater. He added patrons would be able to purchase tickets inside the theater. Next to this would be a separate entrance replacing the existing mall entrance. This entrance would allow customers to pass through the theater and into the mall. Mr. Pollack explained that the two restaurants with outside entries would have their own identities on the outside of the mall. Mr. Pollack explained that there is an underutilized common area of approximately 20,000 feet that will be converted into tenant space with the improvement. He said that there is a synergy existing between theaters and restaurants so placing them in close proximity is important. On the restaurant side of the addition, there would be entrances into the restaurants, individual retail tenants, and two mall entrances one with an escalator down to the theater. Mayor Maetzold asked how people get from the main core of the shopping center to the bus terminal. Mr. Pollack said from the lower level, people would walk through an arcade and out through the movie theater. From the upper level, they would walk along the length of the theater to thebus shelter. Member Hovland asked if it was correct that in order to reach the bus shelter persons would walk outside, and if this would be different from the present situation, where they walk out directly from the mall to a covered bus shelter. Mr. Pollack acknowledged that there is a longer distance than exists today. Member Hovland asked if there was any plan to allow access to the bus shelter through the back area of the theater or on the west side. Mr. Pollack explained that was actually the truck tunnel and would be unsafe. Member Hovland asked how far a person would have to walk to reach the shelter. Mr. Pollack replied approximately 250 feet. Member Kelly asked to address the developer. Richard Taylor, the O’Connor Group, one of the general partners who own the property said he serves as the asset manager responsible for Southdale. Member Kelly said it appears the proposal is almost as if an outlot was proposed for development. While he would be willing to give up the 700 parking spaces, he needs to be convinced that it will increase traffic flow in the center and allow areas of Southdale that have been under-performing (Mervyns to Penneys and Penneys to Daytons) to grow their traffic. He warned that he could not support any further reductions in parking in the future after this addition. He asked how the proposed addition would increase the traffic to the Mervyns’ and Pennies’ corridors. Mr. Taylor responded that looking at sales per square foot, Southdale is in the top ten of the national regional malls. Penney’s Court has 59,000 square feet that is about 50% occupied under permanent leases. Mervyns’ Court on the lower level has about 30,000 square feet, which is about 40% occupied. As the owner analyzed the issues of the property, they looked at these two underutilized areas plus the third level food court, which had not performed as hoped. The owners attempted to find a theater operator who would put a two or three level theater into the Penneys’ Court and were unsuccessful. Theater owners said their operations need to be a single level entity and the proposed location is the only one available. He added Page 5 MinutesBdina City CounciVNovember 21,2000 that there is a restaurant that has expressed interest in the Penneys' end of the center. Mr. Taylor stated the theater operator is very well capitalized and operates a premier facility. Vincent Ivarone, V.M.I. Marris explained he has been involved with the Southdale Center for about five years ever since Hennepin County improved 66th Street. Mr. Ivarone acknowledged the transit location was a trade off in improved efficiency for the buses, but patrons must walk a longer distance outside. Mr. Ivarone agreed with the Council that currently the west and north portions of the center are more heavily parked. He said he believed this was due to the one way circulation of the ring road. I Mi. Ivarone explained that all 13 Southdale driveways were studied, and counts were performed for peak p.m. and Saturday traffic. The results indicated that the proposed addition would not alter the level of service relative to traffic flow. He said that hourly studies of both weekday and weekend parking, by segments, were done during September. Frfty percent was added to the counts to extrapolate the December demands and again these demands can be met even with the requested parking variance. John Mellar, Jones, Lang & LaSalle, stated he was a former Edina resident. Mr. Mellar said that over time Southdale has ceased to be competitive in the metro sales market. While the proposed addition may not be the "ideal" solution, it will help to revitalize the center. Southdale needs more anchors and the theater tied with the restaurants will help. Mr. Mellar noted the developers have five years of research. He urged the Council to move forward on the addition because a window of opportunity exists. In his opinion, this is the center's best opportunity to reinstate Southdale as a premier center in the metro area. Member Hovland asked if any data indicates whether multiplex cinemas increase security issues for aties or centers. Mr. Mellar said anecdotal data only indicates that there is no significant increase in security issues. He continued adding that research also indicates that shoppers want to shop and be entertained so a multiplex cinema in a regional shopping center addresses each of these markets. I Member Hovland asked what features make this cinema premier. Gary Colliard, Colliard Group, representing the theater responded that the theater wiU have VIP seating similar to ball parks; the seating overall is much better than a standard cinema; good quality concessions; high level of security provided by the theater; and better restrooms. Mr. Colliard explained that the theater looks for a market like Edina to establish. Member Hovland commented that theaters tend to get worn looking quickly. Mr. Colliard said that part of the theater's mission statement is to maintain itself as first presented to the public. The cleanliness of the theater is almost as important as the movies shown. Member Hovland asked what was being depicted on the east elevation and if a marquee is being proposed at this location. Mr. Colliard replied that a marquee is planned for the main entrance facing France Avenue. Mayor Maetzold asked staff if all signs conform to City code. Mr. Larsen explained that the addition's signs have not yet been submitted for review. However, they must comply with code and will be subject to staff adrninistrative review. Mr. Larsen noted wall signage under code is limited to 15%. Anything not in compliance could follow a variance process. I Page 6 Minutesfidina City CounciVNovember 21,2000 Public Comment David Farmer, 4612 Casco Avenue, asked if there had been any consideration of moving the I mass transit location to an entirely different area from either its existing or proposed locations. Council Discussion/ Action Member Kelly said he has spoken with many of the development team. He stated that his major concern is that the expansion is being sought to increase the mall’s market value allowing Southdale to be flipped without looking to the long-term needs of the area. Member Kelly said he originally thought the expansion would be located nearer to J. C. Penney’s and that the restaurants would be decentralized. He added that in his opinion, the development of virtually an outlot does nothing to improve traffic. Member Kelly stated further that the expansion solves a secondary problem at the cost of 700 parking spaces. He stated that future development cannot come at the cost of more parking. Member Kelly asked this be made a condition of approval for the current proposal. Member Hovland said he did not share all the concerns of Member Kelly. He acknowledged that having a theater anchoring a mall was a new concept, adding that he understood the synergy existing between theaters and restaurants. Member Hovland recognized the hard work of the development team, thanking them for the presentation. Member Hovland said he was all right with the reduction in the parking, but was very concerned about affecting mass transit. He requested that the development approval be conditioned upon further design and approval of the transit hub and access to the bus shelter. Mass transit and bus ridership should be encouraged. Mayor Maetzold noted that he wished the changes were completed on France Avenue. However, he stated he liked the theater concept. Mayor Maetzold voiced concern about the east side of the property. He added he thought the developers had done a good job with traffic flow and parking, however, he shares Member Hovland’s concern for the transit hub and does not want to see any negative impact on bus ridership. Mayor Maetzold does not want to see bus riders walking 280 feet outside to get to a bus shelter agreeing that a condition of approval should be further review of the mass transit portion of the project. Member Kelly questioned how many liquor licenses are still available in Edina. Mr. Hughes replied that eleven licenses are still available. Member Kelly expressed concern that the restaurants developed be of a caliber that would improve the mall. Gary Colliard responded that while his firm is the theater developer, it is also a mixed-use land developer. They will be in the center for twenty years and have a fiduciary responsibility to make sure any restaurants are a good fit and that everyone’s goal was to improve the traffic and viability of the Southdale Center. Member Hovland made a motion to close the public hearing. Member Kelly seconded the motion. Ayes: Hovland, Kelly, Maetzold Motion carried Member Kelly made a motion adopting Resolution No. 2000-123 granting final development plan approval conditioned upon: 1) location and design of transit hub must be approved by City Staff; 2) an easement allowing City transit vehicles the right to cross Center property; 3) a Page 7 Minutes/Edina Citv Council/November 21,2000 twenty-foot walkway/transit easement connecting the walkway south of 69* Street; 4) Watershed District permits, 5) space shown on final development plan as theater may only be used as theater 6) space shown as restaurant only to be used by restaurant; and 7) any change in use must have Council approval. I RESOLUTION NO. 2000-123 APPROVING FINAL DEVELOPMENT PLAN FOR CONCORDIA PROPERTIES LLC, SOUTHDALE SHOPPING CENTER THEATER AND RESTAURANTflETAIL EXPANSION BE IT RESOLVED by the City Council of the City of Edina, Minnesota, that the Final Development plan dated October 18,2000, for Concordia Properties, LLC, Southdale Shopping Center Theater and Restauranfletail Expansion presented at the regular meeting of the City Council on November 21,2000, be and is hereby approved. Passed and adopted by the Edina City Council this 21~t day of November 2000. Member Hovland seconded the motion. Rollcall: Ayes: Hovland, Kelly, Maetzold Motion carried. “BID AWARDED FOR PAMELA PARK WATER QUALITY IMPROVEMENTS NO. STS-258, CONTRACT NO. 00-2 (ENGINEERING) Motion made by Member Hovland and seconded by Member Kelly for award of bid for water quality improvement No. STS-258, Contract No. 00- 02 at Pamela Park (Engineering), to recommended low bidder, Richard Knutson, Inc., at $629,748.50. Motion carried on rollcall vote - three ayes. “BID AWARDED FOR WATER TREATMENT PLANT NO. 4 UPGRADES, IMPROVEMENT NO. PWOO-2 CONTRACT NO. PWOO-2 Motion made by Member Hovland and seconded by Member Kelly for award of bid for water treatment plant No. 4 upgrades, Improvement No. PWOO-2, Contract No. PWOO-2 at 6721 2nd Street South to recommended low bidder, Shank Constructors, Inc, at $540,100.00. Motion carried on rollcall vote - three ayes. “BID AWARDED FOR CITY HALL NETWORK SERVER REPLACEMENT (LOGIS 2000 CONTRACT) Motion made by Member Hovland and seconded by Member Kelly for award of bid for replacement of City Hall Network Server to sole bidder, Nexus Information Systems, LOGIS 2000 Contract, at $18,259.43. Motion carried on rollcall vote - three ayes. TRAFFIC SAFETY STAFF REPORT OF NOVEMBER 8,2000, APPROVED Manager Hughes explained residents concerned with traffic problems in the Country Club area were in attendance. Resident comments: I Page 8 MinutesEdina Citv Council/November 21,2000 David Farmer, 4612 Casco Avenue, introduced Marie Thorpe, 4506 Edina Boulevard, and explained they are the spokespersons for the Country Club District Committee on Traffic Issues. Ms. Thorpe explained the mission of the Committee as: To ensure the traffic speeds and volume levels are consistent with the safety concerns of the residents of the Country Club neighborhood. She has met with City staff and was made aware that this is not a new problem and the City would not implement changes in the Country Club area on one street only - the whole neighborhood should be looked at. I Mr. Farmer explained the main issues are: 1) speed, 2) volume (amount), and 3) STOP sign awareness and compliance. The Committee researched the, 1) 1993 Strgar, Roscoe, Fausch's "Edina Country Club Neighborhood Traffic Study", 2) Traffic patterns, and 3) Recommendations. Mr. Farmer noted the Committee worked with Traffic Coordinator Bongaarts to acquire traffic counts from the Traffic Management Office. The Committee formulated a survey to acquire neighborhood input. Once the 274 of 538 surveys were returned, responses were analyzed. Results of the speed survey question depicted that 84% of the persons surveyed strongly agreed that their street was a problem and 87% agreed that the neighborhood as a whole is a problem. Results of the amount of traffic survey question showed that 72% strongly agree that traffic on their street is a problem and 79% strongly agree that the neighborhood as a whole is a problem. Results of the STOP sign compliance survey depicted that 70% agreed strongly that STOP sign violations on their street were a concern and 76% agreed strongly that violations in the neighborhood as whole were a problem. Mr. Farmer said the Committee came up with detailed goals as follows: Reduce speeds to 28 MPH for the 85 percentile group Reduce the amount of traffic on Arden Drexel, Wooddale, Edina, Browndale, Sunnyside to less than 1000 per day and maintain traffic levels on Bruce, Casco, Moorland, Country Club and Bridge Raise level of STOP sign awareness and compliance and Follow-up on the 1993 traffic study Mr. Farmer explained why speeds should be lower: 1. Neighborhood Support (87%) 2. 1993 Traffic Study Support 3. Characteristics of the Area 4. Increases in Traffic Volumes 5. 30 MPH Paradigm and why traffic levels should be reduced: 1. Neighborhood Support (79%) 2. Research Support 3. Proactive to Trends/Anticipated Commercial Development 4. Safety, Noise and Air Pollution and why increase STOP Sign Awareness/Compliance: 1. Neighborhood Support (76%) 2. Related to Speed and Volume 3. Safety Page 9 MinutesLEdina Citv CounciVNovernber 21,2000 Mr. Farmer requested the Cound. Acknowledgement of Committee Acknowledgement of Goals Assign a City Representative and Jointly Design Innovative Solutions the process she suggested would be: Town Hall Meetings with Neighborhood Present Recommendations to the Council for Approval Mr. Farmer summarized that Committed to Problem Solving Appeal to Council’s Leadership The Problems are: Speeds, Volumes and STOP Sign Compliance Initial Research Indicates Successful Measures Proven in Other Communities Ehgineer Hoffman referred to the Minutes of the Traffic Safety Staff Review for November 8, 2000. Listed were six items the Cound might follow if the process is approved to proceed. He added that the area has a complex traffic pattern great care should be taken to study all ramifications that could occur with any changes to that pattern. Council agreed that following the process outlined in the Traffic Safety Review would be prudent. Member Kelly made a motion approving Section A as follows: 1. Installation of blind child signs for both directions in the 300 block of Adams; 2. Changing the gold-type, bIack/yeIlow PEDESTRIAN CROSSING sign to the new chartreuse type and adding an additional sign on the north side of the crosswalk. Ask Lund’s to place a cautionary type sign inside exit doors to advise people exiting the store; 3. Placing of warning sign on the inside doors leading to ramp area from 51sf ramp staircase on level 1A and level 2A; 4. Installation of playground advisory sign for Tingdale Avenue at north end of park for southbound traffic; and Section B and acceptance of Section C, Country Club District Committee on Traffic Issues report as presented and to incorporate the process as outlined in the Traffic Safety Staff Review Minutes of November 8,2000. Member Hovland seconded the motion. Ayes: Hovland, Kelly, Maetzold Motion carried. APPEAL OF ADMINISTRATIVE PENALTY CASE NO. 00-019814, CHICO’S OF THE MIDWEST, INC., CONTINUED FROM NOVEMBER 6,2000, DECISION UPHELD; LICENSE SURRENDERED Chief Siitari explained that during an undercover compliance check of Chico’s Restaurant, an underage decoy ordered an alcoholic beverage and was served. The penalty matrix calls for a $1,000 fine and 3 days suspension. This is Chico’s second offense serving a minor. During Jdy 1999, the owner paid a $500 fine for serving an underage patron. , David Traxler, 3321 Bryant Avenue, Minneapolis, explained his concerns regarding the atation for sale of alcohol to a minor. Mi. Traxler said typically they do not allow a patron to be served without looking at an ID, and he felt that would have been the server’s intent in this case. He I Page 10 Minutes/Edina City CounciVNovernber 21,2000 added that Chico’s only serves about a case of beer a month so serving a suspension is not a concern. However, Mr. Traxler said the $1,000.00 presents a huge obstacle to his small operation. He further requested that the server, who happens also to be his wife has the charges against her dropped because she is a recent immigrant from the Philippines and was worried that this charge could impede her staying in the United States. Mr. Traxler added that he would be very willing to voluntarily surrender Chico’s of the Midwest’s 3.2 Beer License is the Council would consider dropping the fine and the charges against the server. I Following a brief discussion, Member Kelly made a motion, seconded by Member Hovland to accept the voluntary surrender of Chico’s of the Midwest 3.2 On-sale Beer License, to waive the $1,000.00 fine and to recommend to Edina’s prosecutor a one year continuance of the charges as long as there are no same or similar charges. Ayes: Hovland, Kelly, Maetzold Motion carried. REQUEST TO PLACE FENCE IN CONSERVATION RESTRICTION AREA (6212 FOX MEADOW) APPROVED Patrick and Linda Smith, the owners of the property at 6212 Fox Meadow Lane, submitted a letter dated November 15,2000, requesting the City to allow them to construct a rearyard fence in an existing conservation restricted area. Planner Larsen explained when the property was platted; the City imposed a conservation restriction over the rearyard of this lot and other lots on the pond to the north. The restriction does not allow any buildings or structures in this area without permission from the City. The property owner is requesting Council approval for the fence installation. A few years ago, the Council heard and granted permission to install a play structure in the Conservation Restriction area of a home nearby. Mr. Larsen concluded that in both cases the entire rearyard is subject to the restriction. I Resident comment Patrick and Linda Smith, 6212 Fox meadow Lane, explained they were making the request allowing a fence in the conservation restriction as a deterrent to deer. Mr. Smith noted that he and his wife are avid gardeners and deer find their property irresistible. It is their hope that partially fencing the area will keep the deer from roaming so freely through their gardens. He added they had exhausted other methods of control. Following a brief discussion Member Hovland made a motion approving the request of residents at 6212 Fox Meadow Lane to place a fence in their rearyard in an existing conservation restricted area. Member Kelly seconded the motion. Ayes: Hovland, Kelly, Maetzold Motion carried. *COOPERATIVE AGREEMENT BETWEEN THE CITY OF EDINNCITY OF BLOOMINGTON BORDER BASIN DREDGING PROTECT APPROVED Motion made by Member Hovland and seconded by Member Kelly approving the Cooperative Agreement between the City of Bloomington and the City of Edina for Improvements to the Border Basin. I Motion carried on rollcall vote - three ayes. Page 11 MinutesEdha Cily Council/November 21,2000 *RESOLUTION APPROVED FOR HENNEPIN COUNTY RECYCLING GRANT LIMITED PROTECT Member Hovland introduced the following resolution, seconded by Member Kelly and moved its adoption: . RESOLUTION NO. 2000-117 AUTHORIZING THE CITY TO ENTER INTO 2001 MUNICIPAL WASTE ABATEMENT INCENTIVE FUND GRANT AGREEMENT WITH HENNEPIN COUNTY WHEREAS, Hennepin County has established a Municipal Waste Abatement Incentive Fund; and WHEREAS, the City of Edina, in coordination with Project Earth, a volunteer group of high school students, has been awarded a grant to be used ioward increasing recycling and reduce waste in the Edina High School; and WHEREAS, the project has been named, "Project Earth: Recycling Awareness" and will follow the guidelines established. NOW, THEREFORE, BE IT RESOLVED by the Edina City Council that the Mayor and the city Manager enter into an agreement with Hennepin County to accept funding for "Project Earth: Recycling Awareness". Motion carried on rollcall vote - three ayes. *YEAR-END MEETING SET FOR DECEMBER 28,2000 Motion made by Member Hovland and seconded by Member Kelly setting Thursday, December 28,2000, as the date for the Year- End Meeting. Motion carried on rollcall vote - three ayes. *PETITION RECEIVED FROM HILLSIDE COURT RESIDENTS REOUESTING STREET LIGHTING INSTALLATION Motion made by Member Hovland and seconded by Member Kelly acknowledging receipt for the petition request for lighting installation on Hillside Court and submission to the engineering department for feasibility. Motion carried on rollcall vote - three ayes. CLAIMS PAID Motion made by Member Kelly approving payment of the following claims as shown in detail on the Check Register dated November 15,2000, and consisting of 46 pages: General Fund $430,399.69; C.D.B.G. $13,515.00; Communications Fund $5,491.59; Working Capital Fund $14,109.12; Construction Fund $55,627.40; Art Center Fund $4,336.25; Golf Dome Fund $2,156.18; Aquatic Center Fund $3,572.32; Golf Course Fund $44,294.96; Ice Arena Fund $21,621.57; Edinborough/Centennial Lakes $24,919.93; Liquor Fund $301,033.01; Utility Fund $291,037.87; Storm Sewer Fund $2,061.42; Recycling fund $37,935.20; HRA Fund $114,000.00; Payroll Fund $375,000.00; TOTAL $1,741,111.51. Member Hovland seconded the motion. Rollcalk Ayes: Hovland, Kelly, Maetzold Motion carried. There being no further business on the Council Agenda, Mayor Maetzold adjourned the Council Meeting at 10:lO P.M. I CityClerk I I I Page 12