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WS 1999 05 24CHANHASSEN CITY COUNCIL WORK SESSION MAY 24, 1999 Mayor Mancino called the work session to order at 5 ~40 p.m. MEMBERS PRESENT: Mayor Mancino, Councilman Senn, Councilman Labatt, and Councilwoman Jansen MEMBERS ABSENT: Councilman Engel STAFF PRESENT: Roger Knutson, Kate Aanenson, Todd Hoffman, Anita Benson, Charles Folch, Todd Gerhardt, and Scott Botcher CONSENT AGENDA DISCUSSION: A. AWARD OF BID FOR 1999 SEALCOAT PROJECT~ 99-2. Councilwoman Jansen asked if the additional numbers from Scott were included. Anita Benson stated that they were included in the bid. B. AWARD OF BID FOR MOBILE GENERATOR~ PW016GGG. Charles Folch handed out an update sheet on the bid openings for this item. Ziegler was the low bid. Councilman Labatt asked why the other bid was $20,000.00 higher than the others? Charles Folch explained that there were different brands of generators and because of a custom cabinet being built. E. APPROVE PLANS & SPECIFICATIONS; AUTHORIZE ADVERTISING FOR BIDS FOR STONE CREEK DRIVE STREET & UTILITY IMPROVEMENTS~ PROJECT 98-15. Councilwoman Jansen asked if the church project is delayed, does the City carry the cost for the construction of the street. Anita Benson explained the funding procedure for the road. I. APPROVAL OF BILLS. Councilwoman Jansen asked if the incorrect charges in the City Council account had been corrected yet. Staff stated they would look into the matter. J. APPROVAL OF MINUTES: No questions were asked on this item. K. APPROVAL OF AMENDED ENVIRONMENTAL COMMISSION BYLAWS. Mayor Mancino asked about what the procedure was for environmental questions brought up in Planning Commission meetings or other commission meetings. Do the questions go directly to the Environmental Commission? Kate Aanenson stated that the questions come to the City Council and then City Council directs where the questions should go. Councilman Senn asked if the intent statement had changed. Kate Aanenson said that it had not. The only change was the commission make-up from 9 members to 7 members. VACATION OF DRAINAGE & UTILITY EASEMENT, OUTLOT C, BRENDEN POND & OUTLOT A, BRENDEN POND 2N~. Anita Benson showed the Council the plans and explained the setback of the homes and showed the impact of the 20 foot front yard setback as requested by some of the neighbors. Kate Aanenson stated that the developer could go back through the process and ask for a variance for a 20 foot front yard setback. The Council stated that they would be amenable to looking at a variance request if it came in to help with sight lines on Lake Lucy Road. REQUEST TO CONDUCT AQUATIC NEEDS ANALYSIS, THOMAS R. SCHAFFER, 6501 DEVONSHIRE DRIVE. Councilman Senn asked what the Park and Recreation Commission's position was on this item. In reading the Minutes from the Park and Recreation Commission meeting it was unclear about their direction. It appeared as though it would be discussed by the Park and Rec at their next regular meeting. Todd Hoffman stated that the Park and Recreation Commission was seeking direction from the Council on whether to pursue further with this item or not. PRELIMINARY AND FINAL PLAT REQUEST FOR SUBDIVISION OF 1.434 ACRES INTO 2 LOTS WITH AN AREA OF 27,419 SQ. FT. AND 35,066 SQ. FT.; LOCATED NORTHWEST OF LOTUS LAKE, 6609 HORSESHOE CURVE, ALICIA HEIGHTS, RAY AND ALICIA BROZOVICH. Kate Aanenson explained that there was still one neighbor who may have issues regarding the shoreland setback, but that staff was recommending approval of this item. REQUEST FOR CONDITIONAL USE PERMIT APPROVAL TO ALLOW A RECREATIONAL BEACHLOT PURSUANT TO CITY CODE SECTION 20-263; AND A 27 FOOT VARIANCE TO PERMIT A 52 FT. WIDE DOCK; AND A VARIANCE OF ONE OVERNIGHT DOCK SLIP TO PERMIT FOUR OVERNIGHT BOAT MOORINGS ON OUTLOT F, NORTH BAY; NORTH BAY COMMUNITY. No questions were asked on this item. EASTERN CARVER COUNTY COLLABORATIVE GROUP CONSIDERATION. Councilman Senn asked what the group was looking for from the Council. Scott Botcher explained that they were looking for clarification on the Council's position on participation. Mayor Mancino explained that the Group had not received the funding they were seeking from the Legislature for planning. RETURN TO DISCUSSION ON APPROVAL OF MINUTES: Councilman Senn stated that he was dismayed at the Minutes from April 5, 199 work session being from the consultant's point of view. Councilman Senn then stated that the Minutes from the May 10, 1999 work session meeting did not mention the discussion regarding the Council's position to hold up on the neighborhood procedures on Highway 101 until the turnback question is clarified. Anita Benson and Scott Botcher explained Roger's position regarding the need for neighborhood meetings for FYI is better than not saying anything to the neighborhoods. The turnback agreement is not final yet, but staff believes the need for the neighborhood meetings to show preliminary design options. Anita Benson stated the two options to consider would be no options presented until the turnback agreement is finalized, or present options and continue to work on the turnback agreement. Councilman Senn stated that if the State, MnDOT, ends up owning the road the design will be totally different than if the county owns the road. Mayor Mancino asked how long the maintenance agreement for the turnback would take. Anita Benson stated that for Highway 101 south of Highway 5 would take 4 to 6 months to get done with MnDOT. Charles Folch stated that no agreements had been signed yet. Scott Botcher stated that if the Council chose to do nothing about this item, it may get taken off the turnback list entirely. OPEN MEETING LAWS CLARIFICATION BY CITY ATTORNEY. Roger Knutson stated that there were some questions surrounding the open meeting laws as it pertained to the City Council and conversations via e-mail. He stated that it is a violation for 3 or more council members engage in discussions without public notification. Therefore, if 3 or more council people are communicating or interacting with each other via e-mail this would constitute a violation of the open meeting laws. It is alright to send group e-mails to all City Council members if there is no interaction or interchanging of ideas. Councilman Senn asked about the League of Cities advocating for raising limits on bids without asking for input from cities. Scott Botcher explained that was a reason for staff to stay close to the League of Cities to keep informed on their actions. Mayor Mancino adjourned the work session meeting at 6:35 p.m. Submitted by Scott Botcher City Manager Prepared by Nann Opheim