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1970 01 05 .... t I I ~. SPECIAL VILLAGE OF CHANHASSEN COUNCIL MEETING - January S, 1970 The Chanhassen Village Council meeting on January 5, 1970, at 8:00 p.m. was opened with the Pledge to the Flag. The following members were present: Mayor Coulter, Councilman Klingelhutz, Bennyhoff, and Pearson. Councilman Hill was absent. Mayor Coulter and Councilman Klingelhutz took their Oath of Office. COUNCIL MINUTES: A motion was made by Councilman Klingelhutz and seconded by Council Pearson to approve the December 22, 1969, Council minutes. The following voted in favor thereof: Mayor Coulter, Councilmen Bennyhoff, Klingelhutz, and Pearson. No negative votes. Motion carried. Counçilman Bennyhoff wanted the minutes to reflect that he felt that snowmobiling is a recreation and that any recommendation on a proposed ordinance should be considered by the Park and Recreation Commission first. INDUSTRIAL COMMISSION MINUTES: A motion was made by Councilman Bennyhoff and· seconded by Councilman Pearson that the December 3, 1969 minutes were noted and read. The following voted in faV0r thereof: Mayor Coulter, Councilmen Klingelhutz, Bennyhoff, and Pearson. No negative votes. Motion carried. PLANNING COMMISSION MINUTES: A motion was made by Councilman Pearson and seconded by Councilman Klingèlhutz that the December 9, 1969 minutes were noted and read. The following voted in favor thereof: Mayor Coulter, Councilmen Bennyhoff, Klinvêlhutz, and Pearson. No negative votes. Motion carried. BLUE JAY STREET: A number of residents were present that live on this street requesting that the street be upgraded. The discussion .was that they were unable at this time to get the required 100% signatures as required in the last motion. They felt that Mr. Ripple would sign if he would be allowed to participate in some of the work. No change in Council decision as this time. SNOW PLOWING: A motion was made by Councilman Klingelhutz and seconded by Councilman Bennyhoff to approve snow plowing only, on proposed subdivision Knollway Estates. The following voted in favor thereof: Mayor Coulter, Councilmen Bennyhoff, Klingelhutz, and Pearson. No negative votes. Motion carried. The Village will not participate in any cost of maintenance of this street until it has been brought to accepted standards. ASSESSOR: Catherine Diethelm was present to explain that she would keep all hours and report to the Council monthly. Miscellaneous problems were discussed with respect to assessing and equalization. CHANHASSEN VILLAGE COUNCIL MINUTES ~ ANNUAL APPOINTMENTS AND ACTION: On a motion made by Councilman Pearson that the following be approved: f ACTING MAYOR: Al Klingelhutz be appointed Acting Mayor in the absense of the elected Mayor. CHECK SIGNATURES: The authorized signatures on all Village checks same be the Mayor and Treasurer. BONDS: The following be bonded for l. 2 . 3 . 4 . Mayor Treasurer-Deputy Clerk Clerk-Administrator All others by Blanket Bond $50,000.00 $50,000.00 $ 1,000.00 $ 1,000.00 RULES OF ORDER: The Village adopt the procedures set forth in the Handbook for Minnesota Villages and using Roberts Rules of Order to supplement. OFFICIAL NEWSPAPER: The Excelsior-Deephaven SUN be the Village of Chanhassen's Official newspaper. Note: On certain instances some items will have to be published in the Weekly Valley Herald. OFFICIAL BANK: The State Bank of Chanhassen be designated as the official depository for all Village monies. I Note: The minutes are to reflect that Mayor Coulter has stock and is a Director of the State Bank of Chanhassen. MEETING NIGHTS: The regular Village Council meeting nights to be the first and third Monday of every month at 8:00 p.m. AGEND~SYSTEM: All meetings to be conducted on the Agenda System and said Agenda to be closed on Thursday at 1:00 p.m. prior to the next regular meeting. VILLAGE ATTORNEY: Russell Larson be appointed Village Attorney for a period of one year at a fee rate to be charged on an hourly basis. $25.00 per hour. VILLAGE ENGINEER: The firm of Scheoll and Madson, Inc. be appointed the Village Engineer to be reimbursed for services as per agreement dated 25 January 1969. (See attachment) BUILDING INSPECTOR: Adolph Tessness be appointed Building Inspector. PLUMBING INSPECTOR: Hubert Forcier be appointed Plumbing Inspector on ã feebasis: $5.00 per inspection. . UTILITY DEPARTMENT SUPERINTENDENT, Be appointed inspector of private disposal systems, sewer and water connections. HEALTH OFFICER: . . - Dr. Richard Olson be appointed Village Health Officer. I i ~// , I~ .~? . e e " . . A G R E E MEN T ~ THIS AGREEMENT, made and entered into as of the 25th day of January, 1969, by and between the VILLAGE OF CHANHASSEN, a municipal corporation of the County of Carver, State of Minnesota, (hereinafter called the "Village") and SCHOELL & MADSON, INC. a Minnesota corporation in the practice of engineering and sur- veying, of 50 Ninth Avenue South, Hopkins, Minnesota, (hereinafter called the "Engineer"), WITNESSETH, that WHEREAS, the Village .LS authorized to construct, maintain, and operate various municipal utility sysLems, streets, drainage systems, and the like, and to review plans for the aevelopment of subdivisions, improvement of lands and other changes within its boundaries, and desires to retain the services of t e Engineer for the prelimlIlsry design of such improvements, preparation of .dns and specificatiol: anc observation of construction of such improvements, and for the :eview, obser u~ion, inspection and analysis of such subdivision a;.~ miscellaneous development ~rojects, and for other miscellaneous engineering d"L..LeS as i..:. shall delegate from time to time, this Agreement shall govern such employment on the terms and conditions herein set forth, therefore, In consideration or ùe m~Lual covenants set forth herein, it is hereby ltrcca by and between the ?acties hereto as follows: 1. When requested in writing by the Village, the Engineer shall make engin- eer~ng studies, 'surveys, analyses, tests, drawings and write reports describ- in~ various public and private improvements planned to be made within the Village ane shall provide s"fhcient copies of such reports to fully inform the Village ane other interestt:·, ìèrsons as to the feasibility of such improvements. " {¿~_f~P-:1-'t' ?~l~X_ _ ;#0 .'.1:.:.:.>.' .~ ,~; It rj}. "', .~ 1. if '~ J,.~ '~ ç t , e ,e ,. .,,"; , " 2. II. í~hen requested in writing by the Village, the Engineer shall provide tech- nical assistance to other Village personnel in the construction, maintenance and operation of Village utility systems. III. The Engineer shall attend the regular meeting of the Village Council on the third ~onday of each month, or at such other time as it shall be scheduled. IV. Hhen requested in ~vriting by the Village, the Engineer shall attend such additional meetings of the Village Councilor other municipal group as directed. V. When requested in writing by the Village, the Engineer shall prepare plans and specifications, bid forms and proposed construction documents, ready for submission to bidders, for any part of the construction work and equipment as designated by the Village and described in Paragraph I above. The Engineer shall also assist in th~preparation of advertisments for bids and shall furnish all necessary dra~vings and copies ô£ the contract documents for the use of prospec- tive bidders. The Engineer shall also tabulate the bids and assist in the award of contracts. VI. When requested in writing by the Village, the Engineer shall furnish per- iodic observation of the construction work to determine satisfactory performance of any contracts· entered into by the Village based upon the specifications pre- pared by the Engineer, check and approve contractors' partial and final estimates, supervise acceptance tests and instruct the Village's personnel in the operation of the new facilities. "'" '- ~ " .;,-~<:::::, I. ' >t"' ·"0" . _ - ·_~_____._4______ _~" "/.,; ~ '. .... 'I e e ___ _,_~___,~_o-,._"""~,..:--..;..~~....;;......;:,,,--,_,,,,-,-~_-,:,==:;;;::::;:-_~----;o-;-~~"-'~~~-==--..z=~-~~--~'- ~----,------~~~,;- -- - . ----------'''"''-~ 3. VII. The Engineer shall obtain approval of all plans and specifications pre- pared by him from all proper authorities having the right and duty to pass upon such plans and specifications, including the Minnesota Pollution Control Agency and the Minnesota State Board of Health. VIII. When requested in writing by the Village, the Engineer shall prepa and furnish to the Village reproducable transparencies of all work for plans and specifications were prepared by him, showing "as-built" stn after construction has been completed" IX. The Village shall pay the Engineer for the services hereinb( tively specified as follows: A. For all work included and described in Paragraphs I, II and dance with the following schedule: Registered Professional Engineer Other Engineers $12.50 pe:c 11.00 " Draftsmen, Senior Draftsmen, Junior 9.00 " 7.50 27.50 19.00 At Inv Payro 1:; Survey Party, 3-Man Survey Party, 2-Man Tests and Soil Borings Resident Supervision B. For all 1"ork- described in Paragraph III, the sum of T1; na/lOa DOLLARS ($300.00) per year. C. For all work described in Paragraph IV, the sum of FIFTE DOLLARS ($15.00) per meeting. JO ".' 'r '. -, e e . --:,~·T·7=<7''''-''':=--:''",,,:,,,",",»~,~ -_-;.,-~-?'~!;·;-::'-'~".--:::;~-@"'·?',o'-o!",.">,,,<,,,_~,·:r-,",,·;--'--~,-~_,o"_:; ·~,".£.;>:;';;2;::;;,¡;",-~o;;;'::'::.o~~~::::~'~~'±~;:;¿::~.ix¿ 4. D. For all work described in Paragraphs V & VII, a sum equal to Three and Nine Tenths Percent (3.9%J of the estimated cost of the improvement, or if a contract or contracts for construction thereof are entered into by the Village within two years after completion of the plans by the Engineer, the fee shall be based on or adjusted to the actual cost of the work. Such fee shall be pay- able in full upon completion of the plans and specifications and acceptance by the Village. E. For all services described in Paragraph VI, a sum equal to the difference between Five and Two Tenths Percent (5.2%) of the construction cost and the Proportional amount paid under Subparagraph D above. X. The Engineer agrees to proceed promptly with any work ordered by the Vil- lage as provided in this agreement, This Agreement may be terminated at any time at its option by the Village or upon Thirty Days' Notice by the Engineer. Notice of termination by either party need not apply to work in progress. If the Village terminates and suéh termination includes engineering work in progress or not yet billed, the Village shall nevertheless pay the Engineer for all ser- vices performed and expenses incurred in behalf of the Village by the Engineer prior to the receipt of such notice of termination. XI. The Engineer agrees to not engage in platting work for private parties on land within the Village boundaries during the time this Agreement is in force, and to cease work on all platting work \Vhich he has in progress within ./ the Village boundaries at the present time !> wich the exception that -the-Engi-ne-~ ).(~-,~/' ! -VI! f: Ii ¡ f ~Æ! ,_/ I I 1 J "t '~ y¡il-l';"'mal<e-::mi.no.r""-r-ea-hgnmB-nt of~roadway rights of way on one plat-mad.e--ms.-C:B:S:8sry , by-,thE-'U':k'Í&tence-of ·'pea t _soil=:found=±n--1."e€€nt..c'csoi+ri101'!Lin,gs. p~;~.'t... r._ r" ...- 'k ;~ ~ :} '! ' ,-¿ :c?fd-_, rRý¡ j ~ ," ¡..........'.-:.........~.- §'---4 . r " 1'. - ~ ,..: e . 5. IN WITNESS WHEREOF, the Village has caused this Agreement to be executed t by its Mayor and Clerk, and said Engineer has caused the same to be executed by its duly authorized officers as of the day and year first above written. ~ V~LLAGE OF CHANHASSEN, MI~~ESOTA i { '_. /"--'/'-'..,.- (- /',/. ~.~ , -l''--~~yor '"ç ::' ~,-,< .~ ;ì\ \/ . , ¡ \. ,\, ,,\_¡ \ 'clerk _...---- -' .-"...:;;;;:;- ~.... SCHOELL & MADSON, INC. (A Minnesota Corporation) ,/'/(' (j"-,//~ // t..__ ~ <___L__ v ~1._~::_~.~ ~_____ President Vice President .. ¡ ¡ i ~ ¡ ¡ ...... . ,. --- I I I VILLAGE COUNCIL MINUTES - January 5, 1970 -3.... AUTOMATIC BILLS: All utility bills and labor be paid automatically. Labor payable on the first and fifteenth of every month. CLERK-ADMINISTRATOR: Adolph Tessness be appointed as Clerk- Administrator for a period of one year. TREASURER-DEPUTY CLERK: Kay Klingelhutz be appointed as Treasurer- Deputy-Clerk for a period of one year. COUNCIL SALARIES: The Village Council salaries be set according to MSA 4l2.181, SUB. 1-9 as follows: Mayor $50.00 per month, Councilmen $35.00 per month, to þe paid qu~rterly. Seconded by Councilman Bennyhoff. The following voted in favor thereof: Mayor Coulter, Councilmen Bennyhoff, Klingelhutz, and Pearson, No negative votes. Motion carried. EMPLOYEE SALARIES: A motion was made by Councilman Klingelhutz and seconded by Councilman Pearson to table this matter until the next meet'ing. All Aye. Môtion carried. PLANNING COMMISSION: A motion was made by Councilman Klingelhutz and seconded by Councilman Pearson that Nicholas Waritz be appointed for a term of three years. The following voted in favor thereof: Mayor Coulter, Councilmen Bennyhoff,Klingelhutz,and Pearson. No negative votes. Motion carried. PARK AND RECREATION COMMISSION: A mòtion was made by Councilman Bennyhoff and seconded by Councilman Klingelhutz that the following be appointed to the Park and Recreation Commission: Sally deLancy Steve Wolf Conrad Fiskness Don Slathar Gladys McCary. Arnold Weimerskirch Term of Three Years Term of Three Years Term of Three Years Term of Balance of two year term (one year) Balance of Three Year Term (two years) Balance of Three Year term (two years) The following voted in favor thereof: Bennyhoff, Klingelhutz, and Pearson. carried. Mayor Coulter, Councilmen No negative votes. Motion INDUSTRIAL COMMISSION: A motion was made by Councilman Bennyhoff and seconded by Councilman Klingelhutz to appoint the following: Richard Pacha Arnold Ryba Stan Tilly Robert Reichert Bernard Schneider Ralph Thrane One Year Term One Year Term Two Year Term Three Year Term Three Year Term Three Year Term The following voted in favor thereof: Klingelhutz, Bennyhoff, and Pearson. carried. Mayor Coulter, Councilmen No negative votes. Motion " CHANHASSEN VILLAGE COUNCIL MINUTES- January 5, 1970 HUMAN RIGHTS COMMISSION~ A motion was made by Councilman Klingelhutz and seconded by Councilman Bennyhoff to appoint the following: I - i Reverand Norman Pavey Steve Pike William O'Neal Father Richard otto Clara Bacon James Morrison Mrs. Hibbert Hill Reverand Dennis Lorenz Mrs. Morison Buell Two Year Term Two Year Term Two Year Term Two Year Term Three Year Term Three Year Term Three Year Term Three Year Term Three Year Term The following voted in favor thereof: Bennyhoff, Klingelhutz, and Pearson. carried. Mayor Coulter, Councilmen No negative votes. Motion WEED INSPECTOR: Mayor Coulter who is the automatic Weed Inspector for the Village, appointed Councilman Klingelhutz the weed inspector and his consultant to be Henry Wrase. FINANCIAL AUDIT: A motion was made by Councilman Bennyhoff and seconded by Councilman Pearson that the firm of Hoffman and Hoffman be hired to prepare and audit to be presented to the Council no later then June 30, 1970. I ANIMAL CONTROL CONTRACT: A motion was made by Councilman Pearson and seconded by Councilman Klingelhutz to approve Contract # 1-70 and authorize the Mayor and the Clerk to sign said contract. The following voted in favor thereof: Mayor Coulter, Councilmen Bennyhoff, Klingelhutz, and Pearson. No negative votes. Motion carried. CIGARETTE LICENSE: A motion was made by Councilman Pearson and seconded by Councilman Klingelhutz to approve the Cigarette License for Animal Fair. The following voted in favor thereof: Mayor Coulter, Councilmen Bennyhoff, Klingelhutz, and Pearson. No negative votes. Motion carried. BUDGETS: A motion was made by Mayor Coulter and seconded by Councilman Bennyhoff that the balance of any budget on hand as of December 31 of the year reverts to the General Fund. Any item or service that has not actually been received as of December 31 will be on the next years budget. The following voted in favor thereof: Mayor Coulter, Councilmen Bennyhoff, Klingelhutz, and Pearson. No negative votes. Motion carried. A motion was made by Mayor Coulter and seconded by Councilman Bennyhoff that any purchase over $250.00 must be approved by the Administrator and the Council Committee. Any item over I $500.00 must be approved by the Council. The following voted in favor thereof: Mayor Coulter, Councilmen Bennyhoff, Klingelhutz, . and Pearson. No negative votes. Motion carried. A discussion on Purchase Orders and how all purchases should be made was held by the Council. , r I I I ~_._- CHANHASSEN VILLAGE COpNCIL MINUTES - Janu~ry 5, 1970 -5- No action was taken at this time, but will be discussed again at a later date. MEETINGS: Mayor Coulter stated that all Village Council meetings would be adjourned at 11:00 p.m. and that no new business would be considered after 10:45 p.m. #112 SCHOOL DISTRICT: Councilmen Klingelhutz made a motion and Mayor Coulter seconded to appoint Dale Giving as laison between the Village Council and the School Board. The following voted in favor thereof: Mayor Coulter, Councilman Bennyhoff, Klingelhutz, and Pearson. No negative votes. Mòtion carried. BILLS: A motion was made by Mayor Coulter and seconded by Councilman Klingelhutz that a final statement be sent to all accounts owning the Village, to be paid within 30 days. The following voted in favor thereof: Mayor Coulter, Councilmen Klingelhutz, Bennyhoff, and Pearson. No negative votes. Motion carried. MINNESOTA VALLEY GAS: Mayor Coulter stated that he was going to continue to pursue his objection to the rate raise that Minnesota Valley Gas Company has proposed. POLICE: Councilman Klingelhutz and Councilman Bennyhoff gave a report explaining what had happened at fue meeting with the Sheriff and Commissioner Lyamn. The agreed price that is being proposed is $38,277.00. The Council will table any action on this until the final contract is presented. Councilman Bennyhoff would like the minutes to reflect that he feels that the maximum amount of this contract should have been $36,000.00. A motion was made by Councilman Bennyhoff and seconded by Councilman Pearson to adjourn. The following voted in favor thereof: Mayor Coulter, Councilman Bennyhoff,Klingelhutz, and Pearson. No negative votes. Motion carried. TIME, 11,15 ~ Adolph Tessness~ Clerk-Administrator