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1969 08 18CHANHASSEN VILLAGE COUNCIL MEETING AUGUST 18, 1969 The Chanhassen Village Council Meeting on August 18, 1969, at 8:00 p.m. was opened with the Pledge to the Flag. The following members were present: Mayor Coulter, Councilmen Bennyhoff, Pearson, and Klingelhutz. Councilman Hill was absent. MINUTES: The Village.Attorney requests that the following sentence be deleted from the August 4 minutes: "He also stated a public hearing is not needed for this division of property." He stated that in his opinion his recommendation would be that in all cases a public hearing be held on a subdivision of land. A motion was made by Councilman Pearson and seconded by Councilman Bennyhoff to approve the August 4 minutes as amended. The following - voted in favor thereof: Mayor Coulter, Councilmen Bennyhoff, Pearson, and Klingelhutz. No negative votes. Motion carried. A motion was made by Councilman Pearson and seconded by Councilman Klingelhutz that the Park and Recreation minutes of August 5 were read and noted. The following voted in favor thereof: Mayor Coulter, Councilmen Bennyhoff, Klingelhutz, and Pearson. No negative votes. Motion carried. A motion was made by Councilman Klingelhutz and seconded by Councilman Pearson that the Planning Commission minutes of August 12 were read and noted. The following voted in favor thereof: Mayor Coulter, Councilmen Bennyhoff, Klingelhutz, and Pearson. No negative votes. Motion carried. A motion was made by Councilman Pearson and seconded by Councilman Bennyhoff that the Industrial Commission minutes of August 6 were read and noted. The following voted in favor thereof: Mayor Coulter, Councilmen Bennyhoff, Klingelhutz, and Pearson. No negative votes. Motion - carried: BILLS: A motion was made by Councilman Pearson and seconded by Councilman Bennyhoff to approve and pay all bills. The following voted in.favor thereof: Mayor Coulter, Councilmen Bennyhoff, Klingelhutz and Pearson. No negative votes. Motion carried. Councilman Pearson moved the adoption of the following resolution. BE IT RESOLVED that the following bills be paid by warrants: 1966 -2 American National Bank in the amount of $362.34, check #465, 1967 -2 Berglund & Johnson in the amount of $5,950.00, check #509, 1967 -2 Keys Well Drilling in the amount of $5,307.50, check #508, 1967 -2 Russell Larson in the amount of $52.50, check #507, 1968 -3 Sun Newspaper in the amount of $24.00, check #503, 1968 -3 Russell Larson in the amount of $50.00, check #504, 1968 -1B Russell Larson in the amount of $35.00, check #505, 1968 -1B Sun. Newspaper in the amount of $16.20, check #506. Resolution seconded by Councilman Klingelhutz. The following voted in favor thereof: Mayor Coulter, Councilmen Pearson, Bennyhoff, and Klingelhutz. No negative votes. Motion carried. Lots 5, 6, and 7, Block 3, Scholer's Second Addition will be assessed for the water laterals this year if not paid prior to October 1. Council Minutes, August 18, 1969 -2- ROSE LANE: Mr. Mackay, a resident abutting Rose Lane, feels that his letter to the Council fairly states the problem and requests that the Council vacate the road. The Village Attorney is going to examine T. R. Spannus' abstract so that the Rose Lane public dedication can be checked out. The Village Attorney stated that the adj din ingapkoperty ]'owners con Id-rpetition to vacate.,the-J.readway._property but that a public hearing would be necessary before any action would be final A decision by the Council at this time was a motion was made by Councilman Pearson and seconded by Councilman Klingelhutz that we contact the County for County approval of "no stopping" or "no parking" signs to be installed on both sides of County Road 17 north and - south 250 feet. The following voted in favor thereof: Mayor Coulter, Councilmen Pearson, Klingelhutz, and Bennyhoff. No negative votes. Motion carried. ALDRITT CASE: The Village Administrator brought the Council up to date as to what had been done. The Village Attorney explained the legal status stating that this should be pursued as a civil matter under the Nuisance Ordinance. A motion was made by Councilman Bennyhoff and seconded by Councilman Pearson authorizing the Village Attorney to proceed enforcing the Village Nuisance Ordinance on the Aldritt case. The following voted in favor thereof: Mayor Coulter, Councilmen Klingelhutz, Pearson, and Bennyhoff. No negative votes. Motion carried. INDUSTRIAL COMMISSION: A motion was made by Councilman Klingelhutz and seconded by Councilman Pearson to appoint Earl Sharpe to the Industrial Commission until January 1, 1970. The following voted in favor thereof: Mayor Coulter, Councilmen Bennyhoff, Klingelhutz, and Pearson. No negative votes. • Motion carried. PARK AND RECREATION COMMISSION: A motion was made by Councilman Klingelhutz and seconded by Councilman Pearson to appoint Arnold Weimerskirch to the Park and Recreation Commission until January 1, 1970. The following voted in favor thereof: Mayor Coulter, Councilmen Bennyhoff, Klingelhutz, and Pearson. No negative votes. Motion carried. 68 -3: The Village Ehgineer explained the plans and specifications for the exact routing of the sanitary sewer extension stating that bids could be accepted on September 8 if approval is given at this time. A motion was made by Councilman Pearson and seconded by Councilman Klingelhutz to approve the plans and specifications and advertise for bids with the bids to be opened on September 8 at 2:00 p.m. The following voted in favor thereof: Mayor Coulter, Councilmen Pearson, Klingelhutz, and Bennyhoff. No negative votes. Motion carried. SOUTHWEST SANITARY SEWER DISTRICT: The Village Attorney explained the proposed resolution authorizing the SSSD to operate our sewer plant for the year 1970 stating that there were some details that should be changed in the resolution prepared by the SSSD. Council Minutes, August 18, 1969 -3- Councilman Klingelhutz moved the adoption of the following resolution. BE IT RESOLVED that the Village of Chanhassen hereby agrees to transfer the Chanhassen Sanitary Sewer Treatment Plant and its appurtenances to the SSSD for operation., maintenance and expansion purposes, and hereby grants to the SSSD the right and privilege to construct such additional sewer treatment facilities at the sewer plant site as the SSSD deems necessary and appropriate, subject, however, to the following conditions: a) That said transfer shall be without prejudice to the rights of the Village for such reimbursement or credit for costs of the construction thereof expended by the Village to which the Village may be entitled under Chapter 449, Laws of 1969, and all laws ammendatory thereof and supplementary thereto, and that any such cost reimbursement or credit shall remain the sole property of the Village. b) That title to the real property upon which said plant is situated shall remain vested in the Village, and that nothing herein contained shall be construed­to be a conveyance of said property. BE IT RESOLVED further; that the Village pay to the SSSD for the operation and maintenance of said sewer treatment plant facility a sum equal to the actual cost incurred by the SSSD in the operation and maintenance of said facility as a municipal function during the year 1970. BE IT RESOLVED further, that the Mayor and Clerk are hereby authorized to execute on behalf of the Village such formal documents as the Attorneys for the SSSD and the Village deem necessary to carry - - -out the intent of the within resolution. Resolution seconded by Councilman Pearson. The following voted in favor thereof: Mayor Coulter, Councilmen Bennyhoff, Klingelhutz, and Pearson. No negative votes. Motion carried. EMPLOYEE GROUP.INSURANCE: Mr. John Bragg, agent for Hennessy Agency and Mr. Ohlssen agent for Guardian Life Insurance Company were present. An explanation was given by the Administrator on a number of different insurance companies that were asked to submit a proposal and explained why- Guardian Life was being recommended. After much discussion the Village Council decided that a number of details be worked out with a final proposal to be submitted as soon as possible. ELECTION JUDGES: A motion was made by Councilman Klingelhutz and seconded by Councilman Bennyhoff to appoint Joanne Meuwissen, Viola Buschkowsky, and Loretta Kelm to be Judges at the September 9 Hennepin County Election for bonds on General Hospital. The following voted in favor thereof: Mayor Coulter, Councilmen Pearson, Bennyhoff, and Klingelhutz. No negative votes. Motion carried. This election will only pertain to the residents of Chanhassen who live in Hennepin County. WESTERN HILLS: A motion was made by Councilman Bennyhoff and seconded by Mayor Coulter to approve the bills submitted in the amount of $48,281:74 to be withdrawn from the escrow account in the Hutchinson Federal Savings and Loan Association. The following voted in favor thereof: Mayor Coulter, Councilmen Bennyhoff, Klingelhutz, and Pearson. No negative votes. Motion carried. Council Minutes, August 18, 1969 -4- MAXIMUM PENALTY ORDINANCE: The Village Attorney explained that in the last Legislative Session that the maximum fine of $100.00 was raised to a maximum of $300.00 and that an ordinance should be adopted raising the maximum fine as such. A motion was made by Councilman Bennyhoff and seconded by Councilman Pearson to approve an ordinance raising the maximum fine to the amount of $300.00 or imprisonment for 90 days, or both, and in either case the costs of the prosecution may be added. Authorize the Mayor and Clerk to sign said ordinance. The following voted in favor thereof:' Mayor Coulter, Councilmen Bennyhoff, Klingelhutz, and Pearson. No negative votes. Motion carried. PARKING ORDINANCE: A motion was made by Councilman Pearson and seconded by Councilman Klingelhutz that the Village'Attorney be instructed to draw up a'comprehensive parking ordinance. The following voted in favor thereof: Mayor Coulter, Councilmen Pearson, Klingelhutz, and Bennyhoff. No negative votes. Motion carried. A motion was made by Councilman Bennyhoff and seconded by Councilman Pearson to adjourn. Meeting adjourned. TIME: 11:00 P.M. Adolph Tessness Clerk- Administrator 1