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1968 06 17CHANHASSEN VILLAGE COUNCIL MEETING JUNE 17, 1968 The Chanhassen Village Council met in regular meeting on June 17, 1968, at 8:00 P.M.` The meeting was opened with the Pledge to the Flag. The following members were present: Mayor Coulter, Councilmen Hill, Pearson, Bennyhoff, and Klingelhutz. MINUTES: The June 10, 1968, minutes should reflect this meeting was a continuation of the June 3, Council meeting. The following should be added to the minutes of the Public Hearing on Bluff Creek Highlands Rezoning: Mr. Roy Johnson stated he objected to this property being rezoned residential. On a motion by Councilman Hill and seconded by Councilman Pearson to approve the June 3, 1968, Council minutes. The following voted in favor thereof: Mayor Coulter, Councilmen Hill, Pearson, Bennyhoff, and Klingelhutz. No negative votes. Motion carried. On a motion by Councilman Pearson and seconded by Councilman Bennyhoff to approve the minutes of the June 10, 1968, Council meeting as amended. The following voted in favor thereof: Mayor Coulter, Councilmen Hill, Pearson, Klingelhutz, and Bennyhoff. No negative votes. Motion carried. On a motion made-by Councilman Hill and seconded by Councilman Bennyhoff that the May 29th Park and Recreation Commission minutes be approved. The following voted in favor thereof: Mayor Coulter, Councilmen Hill, Pearson, Bennyhoff, and Klingelhutz. No negative votes. Motion carried. On a motion made by Councilman Pearson and seconded by Councilman Hill that the June 4th Planning Commission minutes be approved. The following voted favor thereof:. Coulter, Hill, Pearson, Bennyhoff, and Klingelhutz. No negative votes. Motion carried. KERBER'DRIVE. Councilman introduced the following resolution and moved its adoption: Resolution Awarding Contract for Street Improvement No. 68 -6. BE IT RESOLVED by the Village Council of the Village of Chanhassen, Minnesota, as follows: 1. It is hereby found, determined and declared that the lowest responsible bidder the work and materials necessary for the of Street Improvement No. 68 -6 of the Village is Plehal Blacktopping, Inc., of Hopkins, Minnesota, whose bid is in - the total estimated base amount of $17,809.70; that said bid is in all respects in accordance with law and the published advertisement for bids and with the plans and specificatii hereto fore approved by the Village now on file the Office of the Village'Clerk; and that the'consulting engineer of the Village has recommended that said bid be accepted, and bid is hereby accepted. 2. The Mayor and Village Clerk are hereby authorized and directed to make an executed contract on behalf of the Village in accordance with the terms said bid, when said successful bidder shall have furnished a contractor's bond in the of the bid, conditioned as required by - law. 3. The Clerk is hereby authorized and return forthwith all cash deposits, bid bonds or certified checks furnished by other bidders, and retain the bid security furnished by said successful "bidder until the - execation - and filing of said contract and bond- in._his office: The motion for the adoption of the foregoing resolution was duly seconded by Councilman Bennyhoff, and upon vote being taken thereon, the following voted in favor thereof: Mayor Coulter, Councilmen Hill, Pearson, Bennyhoff, and Klingelhutz. No negative votes. Whereupon said resolution was declared duly passed and adopted, and was signed by the Mayor, which was attested by the Clerk. Councilman Pearson.introduced..the following resolution and.moved,its adoption. Resolution Ordering Construction of Street Improvement No. 68 -6. BE IT.RESOLVED.by, the Village.Council of.the Village of Chanhassen, Minnesota, as follows: 1. This Council has hereto fore caused.to.be prepared and has approved a preliminary report as to the feasibility and estimated cost of Street Improvement No. 68 -6.of the Village as described.in the resolution adopted ' by -this Council'on._May,27, 1968. 2. A public hearing on said improvement having been held. ,pursuant to notice duly given in accordance with law,.and the views of all persons interested having been heard at such hearing, and being fully advised in the premises, it is hereby found and determined that said improvement is necessary and feasible and it is hereby ordered to be constructed -as proposed, except that the following portions shall be deleted: 3. The Village's consulting engineer is hereby authorized and directed to prepare final plans and specifications for said improvement. The motion.for the adoption of the foregoing.resolution was duly seconded by Councilman Bennyhoff, and upon -vote being taken thereon, the following voted in favor thereof: Mayor Coulter, Councilmen Hill, Pearson, Bennyhoff, and Klingelhutz. No negative votes. Whereupon said resolution was declared duly passed and adopted, and was signed by the Mayor, which was attested by the Clerk. The Fire Chief was to contact Plehal,Blacktopping.to insure that the fire department have access.at all times. Don Nolte, Fiscal-Agent, is to-present a,report on July lst.as to the financing of,this.project. MOLINE ADDITION: On a motion made by Councilman Pearson and seconded by Councilman Hill that the Council approve the preliminary plat,but final.decision.to.be.made.wh_en a_performance.bond,on the street improvement' .. and topographic- elevations,be submitted and approved by the Village'Engineer. The .following voted in favor thereof:. Mayor Coulter, Councilmen Hill, Pearson, Klingelhutz, and Bennyhoff. No negative votes Motion.carried.. The Administrator is.to meet with Mr. Moline and instruct him-as to the data that he is to comply with. The Village Engineer -.is to submit a report.to the Council in detail of his approval of this plat before July lst. BLUFF CREEK.:.HIGHLANDS REZONING: A discussion of Mr. Johnson's chinchilla raising with regard to his being able to continue if this property was rezoned to .a residential zoning.. The Village Attorney stated that Mr. Johnson would be able to continue, also if a new owner were to purchase this property he would be able to raise chinchillas if there was not more,than a one--year time lapse. On'a'motion.made.by.Councilman Pearson . and -seconded by Councilman Hill to approve the rezoning of Bluff Creek Highlands to a Residential District A. The following votes were cast: Councilman Pearson - aye, Councilman Bennyhoff - aye, Councilman Hill - aye, Mayor Coulter - no, Councilman Council minutes June 17, (Cont'd) page 3 Klingelhutz - no. Motion defeated. Four- fifths vote.was needed for approval.. Councilman- and Mayor Coulter felt that rezoning this property .. would create spot zoning. The Village.Engineer was instructed to check into the drainage problem on the road being - constructed... _ POLICE AND SCHOOL LIAISON: _This will be presented at the next meeting. PROPOSED URBAN -RURAL TAXING DISTRICT ORDINANCE: Councilman Klingelhutz stated that this ordinance initially was.discussed prior to the merger with both'the old Village of Chanhassen Council and Town Board also he read a number of statements from minutes of the new consolidated Village -of Chanhassen. On.a motion made -by Councilman Klingelhutz.and seconded by- Councilman Bennyhoff that the Urban -Rural Taxing District Ordinance be adopted with one change. This.change being 30% ratio . be changed to 50 %. After considerable discussion Councilman Bennyhoff withdrew his second and Councilman Klingelhutz withdrew his motion. Councilman Klingelhutz and Councilman Bennyhoff were appointed as a committee to research this ordinance and present a final,draft on July 1st at 9:00 -P.M. The Administrator and Attorney were instructed to work -with the committee— PROPOSED PROPOSED AMENDMENT TO ORDINANCE #22: Discussion was held on this proposal. -A decision was made to drop..the proposed amendment to Ordinance #22. _ REPORT FROM TREASURER: report was given:.on_fundsAn the General and Utility accounts also the 1958 Sewer :Project. UTILITY VAN: Councilman Pearson moved the adoption of the foregoing resolution: -Be it. resolved that$1,139.50., check # Utility Fund, be paid to.- Town's Edge Dodge., Inc., on a warrant. The balance of $1,139.50 to be paid from the Utility Fund. Resolution seconded by Mayor Coulter. � The ,following voted Mayor Councilmen Hill, Pearson, Bennyhoff, and Klingelhutz.. No negative votes. Motion carried. BILLS: On a motion made. -by Councilman -Hill and seconded by Councilman Pearson to approve the.bills :.as_submitted.and amended. The-following voted in favor thereof:. Mayor Coulter,..Councilmen Bennyhoff, Klingelhutz, and Hill. No negative Motion carried. PLANNING COMMISSION ORDINANCE: A motion was made by Councilman Hill and seconded by Councilman Bennyhoff to adopt the Planning Commission Ordinance No. 28 as amended. Amendments are: seven members and delete ex- officio members from Planning Commission wherever stated in Ordinance. Also, Section 5, subsection 7, page -4, change first sentence to read; "Official Map" means a map adopted in accordance with Section 11 hereof, showing existing streets, proposed future streets and the area needed for sidening -of existing streets of the Village. The following voted in favor thereof: Mayor Coulter, Councilmen Bennyhoff, Klingelhutz, Hill, and Pearson. No negative votes. Motion carried. VICTORIA : . Attorney Larson brought the_Council,up to_date.on_ some of the information ._regarding..the_share of. assets .the..Village.,of_Victoria - -- feels should have been given to them at the-time of-the merger. . MAINTENANCE. COMMITTEE: The Maintenance _Committee.submitted...a.three year proposal for a dust coating and sealcoating for the streets in Chanhassen. On a motion made by Councilman Bennyhoff and seconded by Councilman Klingelhutz -to proceed.immediately: with the work_.to be done on the 1968 street proposal. The following voted in favor thereof.: Mayor. Coulter.,-.Councilmen Klingelhutz ,_Hill,.Pearson,..and Bennyhoff— No-negative-votes. Motion-.carried. PLANNED.. INDUSTRIAL _HEARING:. _...A _motion was-made-by-Councilman Klingelhutz and seconded by..Councilman Hill that_a_ hearing be set for the_Beiers Company_ for-rezoning under the P.lanned._Industrial.District Ordinance. The following -voted in..favor thereof: Mayor Coulter,.Councilmen..Hill,• Pearson,.Benny_hoff, and Klingelhutz...-No negative votes..- Motion carried. UTILITY.COMMITTEE: A.new_well_site_ proposal was-,submitted by.-the Committee that had been approved by the Village Engineer. Discussion was held as to the feasibility of acquiring: -the land. _A motion.was made by Councilman Hill and seconded by Councilman Pearson that the Village proceed with-this-.project., The.following.voted.in..favor _, thereof:. Mayor-Coulter, Councilmen Pearson, Bennyhoff, Klingelhutz, and Hill. No negative votes. Motion carried. COMPLAINTS: Coulter read a_number of complaint letters from residents concerning the..Sunrise_Hills Project.. _ ___ _ VOTER REGISTRATION: _ _.Dates. were -set for evening..and .Saturday registration as follows.:.. Saturdays, August 3.and August.10 from 9:.00 A.M. to 5:00 P.M., Thursday, August 8, Friday, August 9, and Monday, August 12, from.8:30.A.M._to 9:00.P:M. _ _ If.there is a Primary, the registration will be closed from August 13th until--after-the.-election. If no_Primary, registration will close 20 days prior to the General Election. _ SOUTHWEST.SANITARY SEWER DISTRICT: A report was given.by the Administrator concerning - the.meeting he attended_on.June 13. He also stated another meeting is set for June 27 in the Deephaven Village.Hall.. On a motion made by Councilman Bennyhoff and seconded by Councilman Hill meeting adjourned.