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City Council - 11/19/1996 APPROVED MINUTES EDEN PRAIRIE CITY COUNCIL TUESDAY, NOVEMBER 19, 1996 7:30 PM, CITY CENTER Council Chamber 8080 Mitchell Road CITY COUNCIL: Mayor Jean Harris, Ronald Case, Patricia Pidcock, Ross Thorfmnson, Jr., and Nancy Tyra-Lukens CITY COUNCIL STAFF: City Manager Carl J. Jullie, Assistant City Manager Chris Enger, Director of Parks, Recreation&Facilities Bob Lambert, Director of Public Works Eugene Dietz, City Attorney Roger Pauly, and Council Recorder Jan Nelson PLEDGE OF ALLEGIANCE ROLL CALL All members were present. PROCLAMATION PROCLAIMING NOVEMBER 21, 1996 AS "EDUCATION DAY" Mayor Harris read the proclamation proclaiming November 21, 1996, as Education Day in the City of Eden Prairie. Motion carried unanimously. MOTION: Pidcock moved, seconded by Tyra-Lukens, to adopt the Proclamation proclaiming November 21, 1996, as Education Day in the City of Eden Prairie. Motion carried unanimously. On behalf of the Council, Case expressed his sorrow to the Hiller family on their recent tragedy. I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS Case added item M.A.1. Grading at Pulte and item XI.A.2. Policy Concerning Use of Oak Point Pool. Tyra-Lukens added item XI.A.3. Historic Preservation and item M.A.4. Pioneer Trail Traffic. Harris added item XI.A.5. Baseball Club and Baseball Association. Jullie added item W.K. to the Consent Calendar APPROVAL OF RAFFLE PERMIT FOR EDEN PRAIRIE FOUNDATION BALL. MOTION: Pidcock moved, seconded by Thorfmnson, to approve the Agenda as published and amended. Motion carried unanimously. H. OPEN PODI[TM III. MINUTES CITY COUNCIL MINUTES November 19, 1996 Page 2 A. CITY COUNCIL MEETING HELD TUESDAY, NOVEMBER 5, 1996 MOTION: Pidcock moved, seconded by Thorfinnson, to approve the Minutes of the City Council meeting held Tuesday, November 5, 1996, as submitted. Motion carried unanimously. IV. .CONSENT CALENDAR A. REQUEST FOR EDEN PRAIRIE HOCKEY ASSOCIATION TO 11111 E MEETING ROOM D B. RESOLUTION 96-1 5 AWARDING 1996 REGENERATIVE AIR HIGH DUMP STREET SWEEPER CONTRACT, I.C. 96-5427 C. CHANGE ORDER NO, 1 FOR ATHERTON TOWNHOMES DRAINAGE, I.C. 93-5332 D. RESOLUTION 96-196 APPROVING FINAL PLAT OF ST. ANDREWS BLUFF (located at the NE corner of Baker Road and Valley View Road) E. APPROVE STIPULATION CLARIFTING CITY EASEMENT OVER SAILER/MARSHALL PROPERTY AND APPROVE AGREEMENT SPECIFYING CITY OBLIGATIONS FOR SAILER/MARSHALL PROPERTY F. RESOLUTION 96-197 RELATING TO THE RECONVEYANCE OF TAX PARCEL#16-116-22-24-0018 G. BARTUS ADDITION by Dan Bartus. 2nd Reading of Ordinance 46-96 for Rezoning from Rural to R1-13.5 on .44 acres. Location: Baker Road at St. Andrew Drive. (Ordinance 46-96 for Rezoning) H. 2ND READING OF ORDINANCE 47-96 RELATING TO CHAPTER IL SECTION 11.03, SUBD 3.C., AMENDMENT TO CHANGE AVERAGE SETBACK CALCULATION I. 2ND READING OF ORDINANCE 48-96 RELATING TO CHAPTER 11, SECTION 11,40, SUB-D. 6., AMENDMENT CHANGING MINIMUM AREA FOR PUD FROM 15 TO 5 ACRES J. REQUEST BY BTO DEVELOPMENT FOR A LAND ALTERATION PERMIT FOR OUTLOT A, 104SP PLAZA (located at the Northwest corner of Prairie Center Drive and Northerly entrance to KMSP site) K. APPROVAL OF RAFFLE PERMIT FOR EDEN PRAIRIE FOUNDATION BALL CITY COUNCIL MINUTES November 19, 1996 Page 3 MOTION: Case moved, seconded by Pidcock, to approve items A-K of the Consent Calendar. Motion carried unanimously. V. PUBLIC HEARING WETINGS A. ALBIN CHAPEL by Albin Chapel. Request for Planned Unit Development Amendment Review on 2.56 acres, Planned Unit Development District Review on 2.56 acres, Zoning District Amendment in the Office Zoning District on 2.56 acres, Site Plan Review on 2.56 acres and Preliminary Plat of 5.22 acres into 2 lots. Code Amendment to amend Section 11.20 of City Code adding Funeral Homes as a permitted use in the Office Zoning District. Location: Rowland Road and Old Shady Oak Road. (Resolution 96-198 for PUD Amendment Review, Ordinance for PUD District Review and Zoning District Amendment and Resolution 96-199 for Preliminary Plat and Ordinance for Code Amendment) James W. Albinson, president of Albin Funeral Homes, reviewed their proposal for a funeral chapel. He said they had a neighborhood meeting at Wooddale Church for 60 property owners within the area. He said they incorporated the neighbors' concerns into their site plans. Tyra-Lukens asked where the signage would be. Albinson pointed out the location on the overhead. Enger said the proposal was reviewed by the Planning Commission at their September 2, September 23, and October 28, 1996, meetings. On October 28th they voted approval on a 4-0 vote, subject to the recommendations of the final Staff Report of October 25, 1996. The proposal was not reviewed by Parks, Recreation and Natural Resources Commission. Joe Ruzic 6825 Rowland Road, presented a petition with the neighbors concerns. He did not think it was appropriate to locate a funeral home adjacent to upper bracket residential property. He was concerned it will make it difficult for him to sell lots in his subdivision. He was also concerned about additional traffic and parking overflow. Mingshu Benson, 6601 Golden Ridge Drive, was concerned that there will be more traffic on Rowland Road, and that the view of a funeral home from their house will be depressing. John Dean, 6642 Golden Ridge Drive, thought their area is too pretty for a depressing funeral home. He was also concerned about the traffic problem. MOTION: Pidcock moved, seconded by Tyra-Lukens, to close the Public Hearing. Motion carried unanimously. Pidcock said we heard the same kind of discussion when the first funeral home was CITY COUNCIL MINUTES November 19, 1996 Page 4 proposed in Eden Prairie along the west side of County Road 4 near Elim Shores. She questioned whether it was appropriate to change the residential environment to include a funeral home. Tyra-Lukens thought there might be quite a few instances when more parking would be needed. She asked what kind of changes were needed for the Huber Funeral Home to go in. Enger said the Huber building required a change in the industrial district to allow funeral homes as a permitted use, noting the project Councilmember Pidcock referred to was proposed on the site where the Walgreens is now located and would have meant a rezoning to commercial. The Albin project is similar in that it is a change in the office district to allow funeral homes as a permitted use. Tyra-Lukens asked if it is correct that without a change to the office zone, there isn't really a site for this project in our present planning process. Enger said funeral homes are allowed within the Commercial District and now within the Industrial District after the change made for the Huber facility. Albinson said they planned their chapel with space to accommodate about 100 people and they have 67 parking spaces. He said large funerals are typically held off site. He said the daily average trips would be about 45 and funeral events usually occur off peak. He noted this is the lowest usage of any proposal presented for this site. Tyra-Lukens asked if there will be a crematorium. Albinson said there is none in their plans, and there is no way to add one later. Case thought this seemed like a lesser impact use than the typical office use would be. He asked if we had addressed the issue of expected traffic and frequencies of use for this project. Enger said there is a trip generation rate of 12 per 1000 square feet of building area which would equal approximately 960 average daily trips for an office. Case asked about the frequency of use. Albinson said they expect about 12 service arrangements per month, of which four would probably be held offsite. Pidcock asked if they have any studies that show trends in funeral activity. Albinson said there are a lot of funerals held at churches, so the 30% offsite figure may be a conservative number. He did not know of any studies. Pidcock asked what our plans are to update that intersection. Dietz said they have no plans at this time for a signal, but the size of the street is probably adequate because of the right-turn lane there. There is potential for a signal in the future. Thorfinnson said he is hearing that traffic is not an issue compared to what the other possibilities are. He thought this is an odd spot for a funeral home, and we CITY COUNCIL MINUTES November 19, 1996 Page 5 have opened up the industrial area for funeral homes as well as commercial zones. He questioned the need to do a conditional use permit in an office area. Harris thought the facility is residential in character and the service is needed. She thought the Huber Home has been a good neighbor. She does not have difficulty with making the permitted change to allow a funeral home in an office zoning district. Case said he did not have a philosophical problem with this. He thought this seems extremely beneficial and more positive than what could go there under the current zoning. He thought they would have very low usage, and there is a residential look to the building. Tyra-Lukens asked what kinds of reasons were given when there were changes to allow the permitted use in an industrial zone. Harris said the same issues were presented. Tyra-Lukens then asked Thorfinnson how he saw office zone different than industrial. Thorfinnson replied right now we have two zones where this would be allowed, and he didn't know if we need to add another one. Tyra- Lukens did not have a problem with allowing the use in an office zone. She thought it would be unfair to change the industrial zone for Huber and not do the same for a request to change the office zone. Tyra-Lukens asked if there is berming on the project. Albinson described the berming along the rounded corner and along the area with the spruce trees and the sign. Tyra-Lukens asked how high the berming is. Thorfinnson didn't think it could be high enough to shield the building from Golden Ridge Drive. MOTION: Case moved, seconded by Tyra-Lukens, to approve 1st Reading of the Orginance for a Code Amendment to amend Section 11.2 of the City Code adding funeral homes as a permitted use in the Office Zoning Diitrict; to adopt Resolution 96-198 for PUD Amendment Review on 2.56 acres; to approve 1st Reading of the Ordinance for PUD District Review on 2.56 acres and Zoning District Amendment in the Office zoning District on 2.56 acres; to adopt Resolution 96-199 for Preliminary Plat approval of 5.22 acres into 2 lots; and to direct Staff to prepare the Development Agreement incorporating Commission and Staff recommendations. Motion failed 3-2-0 with Pidcock and Thorfinnson opposed. MOTION: Pidcock moved, seconded by Thorfinnson, to deny approval of the project on the basis that a funeral home is contrary to permitted uses in the Office District and to deny the Preliminary Plat because it would not be properly zoned for the use. Motion failed on a 2-2-1 vote with Harris and Case opposed and Tyra-Lukens abstaining. A discussion followed regarding options such as presenting the project as an amendment to the Comprehensive Guide Plan and rezoning it to one of the districts that does allow funeral homes. Pauly said that would enable the project to come CITY COUNCIL MINUTES November 19, 1996 Page 6 back through the Planning Commission. Pidcock was concerned we would be rezoning a piece of property that is in a residential neighborhood that doesn't warrant rezoning. Thorfinnson agreed with Pidcock. MOTION: Harris moved, seconded by Pidcock, to reconsider the previous motion to deny the request. Motion carried unanimously. VOTE ON THE RECONSIDERED MOTION: Motion carried on a 2-1-2 vote with Case opposed and Harris and Tyra-Lukens abstaining. B. BEARPATH 7111 ADDITION by Bearpath Limited Partnership. Request for Comprehensive Guide Plan Change from Open Space to Low Density Residential on 28.75 acres, Planned Unit Development Concept Review on 489.7 acres, Planned Unit Development District Review on 28.75 acres, Rezoning from Rural to R1-13.5 on 28.75 acres, and Preliminary Plat of 69.70 acres into 39 lots. Location: North of Bearpath Trail and south of Rice Marsh Lake. (Resolution for Comprehensive Guide Plan Change, Resolution for PUD Concept Review, Ordinance for PUD District Review and Rezoning from Rural to R1-13.5 and Resolution for Preliminary Plat) John Vogelbacher, project manager for Bearpath, reviewed their proposal for 39 single family lots. Enger said the Planning Commission reviewed the project at their September 23, October 14, and October 28, 1996 meetings. At the October 28 meeting they voted 3-0-1 to recommend approval, subject to the recommendations of the Staff Report of October 11 and based on plans dated October 11. He then reviewed the waivers required that were not recommended for approval by the Planning Commission and noted that the number of lots was reduced from 39 to 38. Lambert said the Parks Commission reviewed the proposal at their November 4 and November 18 meetings and recommended approval on a unanimous vote, subject to the recommendations of the Staff Report, and including several other items including the elimination of Lot 6 to reduce the total to 38 lots for the project, a City conservation easement over Outlot A. a trail-use easement to be given to the City, tree replacement and trail construction done concurrent with site development, and the trail design, development and location to be approved by City Staff to assure it does make a connection to the trail on the northeast corner of the site. Dr. Thomas Winegarten, 18762 Erin Bay, thought the process has not been fair in terms of listening to what the constituents have to say. The proposed development will destroy the forest, and the destruction will change the nature of a lake which is a designated wildlife lake. In the Guide Plan from 1982 this area is designated as Open Space. CITY COUNCIL MINUTES November 19, 1996 Page 7 Harris asked if this was originally designated to be Open Space. Enger said the planned corridor for Hwy 212 was shown on the 1982 Guide Plan and he did not know how much further back it goes. Harris then asked if the Open Space designation would preclude the roadway. Lambert said the roadway was going to cut off access to the south shore of Rice Marsh Lake; since it would become a remnant, we designated it as open space. Bob Rose, 18708 Erin Bay, hoped the Council would consider all the options available. He was concerned about excessive tree loss, the problems with Lot 6, and proponent's proposal to put a boardwalk over the lake. He was disturbed that this developer is using everyone in trying to propose a project that has increased value beyond what it will be used for as a "ghost project" they will use to negotiate more money with the state. Larry Zieske, 18803 Magenta Bay, said he believes they bought this parcel never intending to develop it since it was not proposed with the original Bearpath development. There have been two independent appraisals of the land leading to an appropriate offer by the State of Minnesota that would have given an excellent profit to the developer but they have rejected the offer. He was concerned about preservation of the wetlands and the lake and was opposed to the avarice of proponent. Doug Kelso, 18744 Erin Bay, thought it didn't make sense to approve a project in the middle of a freeway. He thought Bearpath drew the City into this because they couldn't get the deal they wanted from the State, so this is really just a shell game. Monica Lee, 18741 Erin Bay, was concerned that the houses will be built if approval is given to this project, and then the view from their house will be destroyed when the trees are cut down and the lake is changed. MOTION: Tyra-Lukens moved, seconded by Pidcock, to close the Public Hearing. Motion carried unanimously. Pidcock asked Staff to review the location for this project. Enger pointed out the area on a map. Pidcock was concerned about public access. Vogelsbacher said they made modifications to the lot plans to accommodate for the trail. Pidcock thought that was part of the negotiated agreement. Vogelsbacher said that was correct. Pidcock then asked staff to review the tree replacement. Lambert said there is a 35% tree loss--there are 497 trees and 185 of them would be lost. Pidcock asked how old a 12-inch tree would be. Lambert said it depends on the tree type but would be 25-150 years old. Pidcock thought we have been losing a lot of significant old-growth trees in the City and would like to avoid that as much as possible. She thought it would be better to keep the tree stand intact rather than CITY COUNCIL MINUTES November 19, 1996 Page 8 replacing. Lambert noted if you are going to develop, you have to remove trees. Pidcock was hoping for a way to get around that. Lambert replied the City could buy it. Concerning the issue of this being a "ghost project," Case said we don't own the land so we need to address this as a serious proposal. He has serious concerns about the boardwalk, the tree loss, Lots 6 and 18, and a concern about anything along or crossing the creek. He believes Rice Marsh Lake is a very precious commodity in our City. He is very nervous about this proposal and the great impact it would have on the area. Tyra-Lukens said the Guide Plan was developed 20 years ago as a concept for development at a time when there was lots of open land. It is just a guide, and we have to deal with changes from the guide plan as we go. This land became designated as Open Space because it was cut off due to the highway corridor. We have to deal with it as a real proposal, and she has a lot of problems with this. The tree loss is too high, and she doesn't like the boardwalk. She doesn't like Lot 6, and didn't think this is the proposal that would have the least environmental impact. Thorfinnson was concerned about the process because we have been talking about this and it isn't getting any better. We need to get people involved earlier. He had the same concerns as Councilmembers Case and Tyra-Lukens. In addition he thought the lots were too small, and the project would have too many houses. Harris noted nothing that comes before the City Council is a given. Even though this is guided Open Space, it is on private land and the owner has some discretion in how it is used. It is a financial investment and, if the proposal meets all of the City ordinances, the Council is required to approve it. If it doesn't meet the ordinances and there are concerns, we can deny it. The only way to preserve the trees is for somebody else to buy the land. If the City buys it, there is a direct impact on taxes. She thought it would be difficult to pass a referendum to buy this land. The Council has to decide as to whether the project as presented is acceptable and, if it is acceptable with some changes, then those changes need to be articulated. Case would prefer to send the project back and return with some of the concerns addressed. MOTION: Pidcock moved, seconded by Case, to reconsider the previous motion to close the Public Hearing. Motion carried unanimously. VOTE ON THE MOTION TO CLOSE THE PUBLIC HEARING: Motion failed 0-5. CITY COUNCIL MINUTES November 19, 1996 Page 9 MOTION: Pidcock moved, seconded by Case, to continue the Public Hearing to the December 3, 1996, meeting of the City Council. Motion carried unanimously. Vogelsbacher noted they are asking for a waiver only on one lot, and they would consider removing that if required for approval on this plat. He said they have done everything that Staff and the Parks Commission has required. Hams suggested he meet with Staff to address our concerns prior to the next meeting. C. CARPENTER NORTH by Walter Carpenter. Request for Planned Unit Development Concept Review of Phase 2 grading on approximately 7 acres. Location: North of Valley View Road and west of Prairie Center Drive. (Resolution 96-200 for PUD Concept Review) Walter Carpenter, proponent, reviewed the project. He said the project was approved in 1991. but the redefinition of wetlands affected his property and delayed the development while they found mitigation property. They have located an area in Waconia for the 2-1 conversion of wetlands. Nancy Berg, 7435 Scot Terrace, was told this area was zoned commercial, and she will now have an 80-unit apartment house 50 feet from her back door. She wanted to know who will guarantee her that the retaining walls will not have problems after the grading is done. Harris noted this is a concept plan, and we are only approving the grading for this project. She asked if it would be the responsibility of the developer if there is any structural damage. Pauly said it would be the responsibility of anybody who caused it. Tyra-Lukens asked who would have to pay for the cost of a structural engineer. Pauly said that cost would be born by the person bringing the action. Harris asked if our engineers check for damage to existing structures when a grading like this is done. Dietz thought this would fall into the area of building inspections, but was not sure we have anybody on Staff who could determine that. He thought it might be appropriate to ask proponent to explain what grading will be done next to the wall. Don Bruaer, representing proponent, said the grading next to the wall was done earlier, and this grading will be 150 feet from the wall. They will just have to spread top soil and seed near the wall. Tyra-Lukens asked about the trees. Enger said any further development of the top portion would require rezoning, and Ms Berg would get a notice about that as she did about this proposal. Brauer said there will be some drainage off Stewart Drive onto Scot Terrace, but the rest will drain out to a pond on the west side. They have two proposed ponds to handle future building. CITY COUNCIL MINUTES November 19, 1996 Page 10 MOTION: Pidcock moved, seconded by Tyra-Lukens, to close the Public Hearing; to adopt Resolution 96-200 for PUD Concept Review on approximately 7 acres; and to authorize Staff to issue the grading permit required for this project. Case noted he has reservations about the wetland issue, but this case involves several factors that sets it apart. We have some small and isolated wetlands that we as a City had a part in isolating when Valley View Road was put in. In this case, Mr. Carpenter is willing to put almost three times the wetland acreage into wetland mitigation. VOTE ON THE MOTION: Motion carried unanimously. D. RENEWAL OF CABLE TV FRANCHISE WITH PARAGON CABLE (Cable Television Regulatory Ordinance and Cable Television Franchise Agreement Ordinance) Jullie said Paragon Cable has requested an early renewal of the Cable TV franchise with each of the five cities included in the Southwest Suburban Cable Commission (SSCC). In return Paragon would make a major investment ($25-$30 million) to update the system and add channel capacity. He reviewed the terms of the franchise renewal, noting that the SSCC Negotiating Committee, made up of the City Managers/Assistants from the five cities, has worked out proposed language on the major issues involved. Norm Byers, 8924 Darnel Road, said he has communicated with the Head of Technology at the Eden Prairie School District and he wants to make sure that the Council believes Paragon Cable is serving to the maximum ability that we deserve. He has a personal interest in seeing that communications and the new technology age is brought to Eden Prairie. He wanted to ascertain if Paragon has a commitment to provide us with more communication capabilities. He said the School District would rather have better communication capabilities than to have public access channels. Harris said the City has set up a Telecommunications Task Force to look at the entire issue within the City. Byers thought this City is one of the ripe areas for advanced technology because 70% of the school students have home computers available. Terry Harris, representing Fredrikson & Byron, said the documents include an upgrade of the system that will increase the channel capacity and will give additional technical capability to the system. The upgrade will be completed by December 31, 1999, and there is also a periodic review provision to look at the state of the art between the sixth and twelfth year of the franchise. Pidcock noted that we have spent a lot of time in intense negotiations while working on this issue. CITY COUNCIL MINUTES November 19, 1996 Page 11 MOTION: Pidcock moved, seconded by Thorfinnson, to close the Public Hearing; to approve lst Reading of the Cable Television Regulatory Ordinance; and to approve 1st Reading of the Cable Television Franchise Agreement Ordinance. Motion carried unanimously. VI. PAYMENT OF CLAIMS MOTION: Pidcock moved, seconded by Thorfinnson, to approve the Payment of Claims as submitted. Motion carried on a roll call vote, with Case, Pidcock, Thorfinnson, Tyra-Lukens and Harris voting "aye." MOTION: Pidcock moved, seconded by Tyra-Lukens, to consider item IX.A. RFCF,_TVF SENIOR ISSUES TASK FORCE FINAL REPORT next. Motion carried unanimously. IX. REPORTS OF ADVISORY BOARDS & COMMISSIONS A. RECEIVE SENIOR ISSUES TASK FORCE FINAL REPORT Task Force Co-Chair Bette Anderson said the other members of the Task Force would present portions of the Executive Summary and the entire report would be reviewed at the Council/Task Force workshop next Tuesday. Bill Jackson, Barb Buehl, Sandy Werts, Dick Brown, and Pat Nash reviewed sections of the Executive Summary. Anderson reviewed recommendations of the Task Force. She said it was a great pleasure to work on this report, noting they received good support from Staff. Harris thanked and commended the members of the Task Force for an excellent report. She noted there has already been a request from a major organization for a copy of this report. MOTION: Case moved, seconded by Pidcock, to receive and approve the final Report of the Senior Issues Task Force, and further to sincerely thank all the Task Force members for their volunteerism, diligence, expertise, and all their extra efforts to research and prepare this excellent report. Motion carried unanimously. MOTION: Pidcock moved, seconded by Case, to extend the meeting to 11:30 p.m. Motion carried unanimously. VII. ORDINANCES AND RESOLUTIONS VM. PETITIONS, REQUESTS AND COMMUNICATIONS A. ENVIRONMENTAL & WASTE MANAGEMENT COMMISSION RREQMT TO ENACT AN ORDINANCE AMENDING CITY CODE SEC. 2.20 CITY COUNCIL MINUTES November 19, 1996 Page 12 B. ENVIRONMENTAL & WASTE MANAGEMENT COMMISSION REQUEST TO ENACT AN ORDINANCE BANNING COMMERCIAL APPLICATION OF FERTILIZER CONTAINING PHOSPHOROUS 7ullie said the Council met with the Environmental & Waste Management Commission (EWM) on October 1, 1996 in a workshop session and discussed revisions to the ordinances under which the Commission operates. Rick Morgan, representing the EWM Commission, said the revisions have not changed since the October 1 meeting, noting that this amendment to the enabling ordinance more accurately reflects what is now going on. He said the revision to the second ordinance deals with a water quality issue. Regarding the ordinance banning commercial application of phosphorous fertilizers, Harris thought we also need a City-wide education process to highlight individual use of these fertilizers. Morgan said we need the educational program to make the ordinance really effective. Tyra-Lukens was glad to see we are doing something to protect the lakes. She asked when this will go into effect. Pauly said it would be after 2nd Reading of the Ordinance and publication. Tyra-Lukens then asked how she would know if a firm was licensed in Eden Prairie and if the City would be enforcing the ordinance. Pauly said he would assume there would be some level of enforcement. A fee would have to be set by resolution. Tyra-Lukens asked if it was incumbent on the homeowner to find out if the commercial firm is licensed. Morgan said we need to educate the public and the firms that will be affected by the ordinance. He said they will work to get the mailing list from other cities in order to get the word out well before the fertilizing season begins. Harris commended the Commission on their good job on these ordinances. MOTION: Pidcock moved, seconded by Case, to approve 1st Reading of the Ordinance amending City Code Sec. 2.20 relating to the Environmental &Waste Management Commission. Motion carried unanimously. MOTION: Pidcock moved, seconded by Thorfinnson, to approve 1st Reading of the Ordinance amending Chapter 5 and Chapter 9 of the City Code to regulate the application of lawn fertilizer in Eden Prairie. Motion carried unanimously. X. APPOINTMENTS XI. REPORTS OF OFFICERS CITY COUNCIL MINUTES November 19, 1996 Page 13 B. REPORT OF CITY MANAGER 1. Employee Benefit Changes Natalie Swaggert said Staff has worked with Mayor Hams and Councilmember Thorfinnson to review the personnel policies and possible changes to the Employee Benefits Program. They reviewed recent legislative decisions impacting employee benefit programs, monitored changes in the marketplace, and determined that a number of modifications are needed to the City Employee Benefit Program. They also reviewed what other cities are doing and determined the costs to the City before compiling the recommended changes. She reviewed the summary of changes to the employee benefit program dated November 19, 1996. They would like to implement a limited portion of the changes by December 1, 1996, but would recommend delaying the increase in the life insurance to 1997. MOTION: Thorfmnson moved, seconded by Case, to approve the modifications to the Employee Benefit Program as proposed, and to direct Staff to prepare the appropriate communication materials and to complete the payroll/personnel recordkeeping and administrative procedures needed to implement the changes. Motion carried unanimously. A. REPORTS OF COUNCILMEMBERS 1. Grading at Pulte Case would like to look into the grading along Purgatory Creek with the Pulte development to make sure it fits the plan. He asked Staff to report back on this. 2. Policy Concerning Use of Oak Point Pool Case asked staff to report back on our policy about use of the Oak Point pool during days off from school, and also to report on how we are communicating that policy to the public. 3. Historic Preservation Tyra-Lukens said she felt bad about the recent decision to allow the historic T.B. camp building to be demolished. She thought we were dealing with that at a time when we couldn't explore other options. She asked Staff to explore the possibility of having bed and breakfasts in the old historic homes in the city so that we can help save some of them. Harris asked if she would limit it to the old and historic homes. Tyra-Lukens said she would rely on staff to look into it and determine what would be CITY COUNCIL AUN UTES November 19, 1996 Page 14 appropriate. Case thought there may be other creative ideas to save the homes in addition to making them into bed and breakfast facilities. 4. Pioneer Trail Traffic Tyra-Lukens said she has had calls from residents concerned about speeds and visibility after the recent fatal accident on Pioneer Trail. She asked if there is anything we can do as a City to pressure the County to look into the safety issues. Dietz said we have had some preliminary discussions with the County on this issue. He thought the situation warrants further exploring to determine if signals are needed. They have begun some discussions with adjacent property owners to implement some changes. 5. Baseball Association and Baseball Club Harris said she received a letter requesting a proportionate amount of scheduled time by the Baseball Club. She asked Staff to meet with both clubs and return with proposals for the short and long term, possibly sending the issue through the Parks Commission. Lambert said he intended to take this up at the next Parks Commission meeting and possibly set up a subcommittee to review the issue. C. REPORT OF DIRECTOR OF PARKS, RECREATION & FACILITIES D. REPORT OF DIRECTOR OF COMMUNITY AND ECONOMIC DEVELOPMENT E. REPORT OF DIRECTOR OF PUBLIC WORKS F. REPORT OF CITY ATTORNEY XII. OTHER BUSINESS XIII. ADJOURNMENT MOTION: Pidcock moved, seconded by Thorfinnson, to adjourn the meeting. Motion carried unanimously. Mayor Harris adjourned the meeting at 11:35 p.m.