1970 11 16
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CHANHASSEN VILLAGE COUNCIL MINUTES - November 16, 1970
The regular Chanhassen Village Council meeting on November 16, 1970,
at 7:30 p.m., was opened with the Pledge to the Flag. The following
members were present: Mayor Coulter, Councilmen Neils and Pearson.
Councilmen Bennyhoff and Klingelhutz arrived late.
CqUNCIL MINUTES: A motion was made by Councilman Pearson and
seconded by Councilman Neils to approve the Council Minutes of
Noxember 9, 1970. The following voted in favor thereof: Mayor
Coulter, Councilmen Neils and Pearson. No negative votes. Motion
carried.
PLANNING COMMISSION MINUTES: A motion was made by Councilman Neils
and seconded by Councilman Pearson that the Planning Commission
Minutes of November 10, 1970, be noted and read. The following
voted in favor thereof: Mayor Coulter, Councilmen Neils and Pearson.
No negative votes. Motion carried.
PARK AND RECREATION MINUTES: A motion was made by Councilman Pearson
and seconded by Councilman Neils that the Park and Recreation
Commission Minutes of November 5, 1970, be noted and read. The
following voted in favor thereof: Mayor Coulter, Councilmen Neils
and Pearson. No negative votes. Motion carried.
WELTER PROPERTY: A motion was made by Councilman Neils and seconded
by Councilman Pearson to adopt Resolution #111670-1 as follows:
PARK DEVELOPMENT PROJECT
WHEREAS, it is in the best in~erest of the Village that
the park land acquisition project be formalized by the execution of
that certain trust agreement between the Guardians of the Estate of
Anna Welter, Ward, the First National Bank of Minneapolis, and the
Village;
NOW, THEREFORE, BE IT RESOLVED:
1. That the execution of said trust agreement by the
Mayor and Village Clerk on behalf of the Village is hereby approved
and ratified.
2. That the execution of an agreement by said officers
on behalf of the Village whereby the Village agrees that any road-
way constructed by it during the lifetime of Anna Welter for ingress
and egress to State Highway No.5 will be built on land not less
than 200 feet east of the present roadway running to Mrs. Welter's
house,' is hereby approved and ratified.
3. That the execution of an agreement by said officers
on behalf of the Village whereby the Village is granted an option
to purchase~the excepted one acre home site under its right of
first refusal as set forth in the option agreements heretofore
executed, is hereby approved and ratified.
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C~ffiNHASSEN VILLAGE COUNCIL MINUTES - November 16, 1970
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4. That the execution of an agreement by said officers I
on behalf of the Village with the First National Bank of
Minneapolis as Trustee providing that all trust investments made by
said Trustee under the provisions of Paragraph 8 of said trust
agreement shall be made in direct obligations of its agencies
which are guaranteed as to principal and interest by the United
States of America. Further, that the Trustee may purchase from or
sell to itself, as principal or agent, securities herein authorized;
and all investments to be made by the Trustee as herein authorized
shall be made at the risk of the Village, and the Village shall
agree to reimburse the account for any losses sustained as a result
of investments made pursuant to its directions, is hereby approved
and ratified.
The following voted in favor thereof:
Neils and Pearson. No negative votes.
Mayor Coulter, Councilmen
Motion carried.
Councilmen Bennyhoff and Klingelhutz arrived.
METROPOLITAN SEWER: A motion was made by Councilman Neils and
seconded by Councilman Pearson to adopt Resolution #111670-2
entitled JOINT SHOREWOOD - NORTH CHANHASSEN SANITARY SEWER LINES
as follows:
WHEREAS, studies are presently being made of the I
feasibility of serving a portion of the north Chanhassen area with
sanitary sewer service throught the Shorewood Interceptor system,
and
WHEREAS, determination has not been made whether sewer
lines connecting the north Chanhassen area with the Shorewood
system are to be classified as interceptor lines within the
Metropolitan Sewer Board system, and
WHEREAS, it is incumbent that the Council of the Village
of Chanhassen expresses its position in the event said connecting
lines are not determined to be interceptors within the Metropolitan
Sewer Board system:
NOW, THEREFORE, BE IT RESOLVED, that in the event the
sanitary sewer lines connecting the north Chanhassen area with the
Shorewood interceptor system are not determined by the Metropolitan
Sewer Board to be interceptor lines within the metropolitan sewer
system, the Village of Chanhassen agrees as follows:
1.
To negotiate with the Village of Shorewood toward a
mutually acceptable agreement for the construction
and operation of said connecting sewer lines, including
allocation of the costs thereof.
In the event a mutually acceptable agreement cannot I
be reached, the Village of Chanhassen will seek an
agreement whereby the construction and operation of
said lines, including allocation of the costs thereof,
as between Shorewood and Chanhassen, shall be as
determined by the Metropolitan Sewer Board.
2.
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CHANHASSEN VILLAGE COUNCIL MINUTES - November 16, 1970
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METROPOLITAN SEWER:
(contd)
The following voted in favor thereof: Mayor Coulter, Councilmen
Bennyhoff, Klingelhutz, Neils and Pearson. No negative votes.
Motion carried.
SEWER FEASIBILITY REPORTS: The Village Engineer and the Fiscal
Consultant gave a report on the Lake Ann Trunk Line study and
the North Sewer Service Area.
SANITARY SEWER: A motion was made by Councilman Klingelhutz and
seconded by Councilman Pearson to approve the Engineer's report
dated September 24, 1970. Subject: Sanitary sewer construction
in the area of Highway 5 at Chanhassen Estates, recommending that
this project be included with the metropolitan plans for the
forced main. The following voted in favor thereof: Mayor Coulter,
Councilmen Bennyhoff, Klingelhutz, Neils and Pearson. No negative
votes. Motion carried.
The Administrator will notify the Metropolitan Sewer Board of this
action.
BUILDING PERMIT REQUIREMENTS: A motion was made by Councilman
Pearson and seconded by Councilman Bennyhoff to rescind
Resolution #42070-2. The following voted in favor thereof: Mayor
Coulter, Councilmen Bennyhoff, Klingelhutz, and Pearson. Councilman
Neils abstained from voting. No negative votes. Motion carried.
PALMER PROPERTY: A motion was made by Councilman Bennyhoff and
seconded by Councilman Neils to approve the variance request on'
Ordinance #33, under~Section 13.02 to allow the filing and
recording of the following land described by metes and bounds:
The West 175' of the Northwest ~ ôf the Southeast ~ of
Section 2, Township 116, Range 23 lying south of the 904'
thereof.
Further granting a 5' variance on the property with 175' frontage.
The following voted in favor thereof: Mayor Coulter, Councilmen
Bennyhoff, Klingelhutz, Neils and Pearson. No negative votes.
Motion carried.
A motion was måde by Councilman Pearson and seconded by Councilman
Bennyhoff that Mr. Palmer proceed with platting the rest of his
subdivision as soon as possible. The following voted in favor thereof:
Mayor Coulter, Councilmen Bennyhoff, Klingelhutz, Neils and Pearson.
No negative votes. Motion carried.
BILLS: A motion was made by Councilman Bsnnyhoff and seconded by
Councilman Pearson to approve and pay all bills. The following voted
in favor thereof: Mayor Coulter, Councilmen Bennyhqff, Klingelhutz,
Neil~ and Pearson. No negative votes. Motion carried.
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CHANHASSEN VILLAGE COUNCIL MINUTES - November 16, 1970
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BILLS:
(contd)
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A motion was made by Councilman Pearson and seconded by Councilman
Bennyhoff to authorize the release of $24,426.96 from the Western
Hills Escrow Account. The following voted in favor thereof:
Mayor Coulter, Councilmen Bennyhoff, Klingelhutz, Neils and Pearson.
No negative votes. Motion carried.
PARK AND RECREATION: A motion was made by Councilman Klingelhutz
and seconded by Councilman Neils to authorize the payment of
$186.00 to Ron Mielke for the winter recreation program. The
following voted in favor thereof: Mayor Coulter, Councilmen Benny~
hoff, Klingelhutz, Neils and Pearson. No negative votes. Motion
carried.
YOUTH SEMINAR: Steve Wolf gave a report on the rap session held
Sunday, November 15, 1970. Youth Seminar meeting to be held at the
Chanhassen Elementary School at 8:00 p.m. on November 23, 1970.
FOURTH STREET: The Engineer's Feasibility Study was presented.
TWIN HILLS ESTATES: A motion was made by Councilman Bennyhoff and
seconded by Councilman Neils to renew the Twin Hills Riding Stables
conditional use permit for one year. The following voted in favor
thereof: Mayor Coulter, Councilmen Bennyhoff, Klingelhutz, Neils I
and Pearson. No negative votes. Motion carried.
SCHIMMELPFEMNING PROPERTY: The Village Attorney was instructed
to write a letter to Mr. Schimmelpfemning stating the uses that
are allowed by the Zoning Ordinance, of his property.
Amotion was made by Councilman Klingelhutz and seconded by
Councilman Bennyhoff to adjourn. The following voted in favor
thereof: Mayor Coulter, Councilmen Bennyhoff, Klingelhutz, Neils
and Pearson. No negative votes. Motion carried.
11:25 P'~
Adolph Tessness
Clerk-Administrator
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