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1972 01 17 ~ I I .111 I CHANHASSEN VILLAGE COUNCIL MINUTES - January 17, 1972 The regular Chanhassen Village Council Meeting on January 17, 1972, was opened with the Pledge to the Flag. Tþe following members were present: Mayor K1inge1hutz, Councilmen Bennyhoff, Kurvers, Neils and Wolf. COUNCIL MINUTES: A motion was made by Councilman Wolf and seconded by Councilman Kurvers to approve the minutes of January 3, 1972. The following voted in favor thereof: Mayor K1inge1hutz, Councilmen Bennyhoff, Kurvers, Neils and Wolf. No negative votes. Motion carried. PUBLIC HEARING - ZONING ORDINANCE: A motion was made by Councilman Neils ~nd seconded by Councilman Bennyhoff that the minutes of the Public Hearing - Zoning Ordinance, on January 5, 1972, be approved. The following voted in favor thereof: Mayor K1inge1hutz, Councilmen Bennyhoff, Kurvers, Neils and Wolf. No negative votes. Motion carried. PLANNING COMMISSION MINUTES: A motion was made by Councilman Wolf and seconded by Councilman Kurvers that the Planning Commission Minutes of January 11, 1972, be noted and read. The following voted in favor thereof: Mayor K1inge1hutz, Councilmen Bennyhoff, Kurvers, Neils and Wolf. No negative votes. Motion carried. PLANNING COMMISSION PUBLIC HEARING - PRELIMINARY PLAT, HESSE'S BLUFF CREEK: A motion was made by Councilman Bennyhoff and seconded by Councilman Wolf that the Planning Commission Public Hearing Minutes, Preliminary Plat, Hesse's Bluff Creek, of January 11, 1972, be noted and read. The following voted in favor thereof: Mayor K1inge1hutz, Councilmen Bennyhoff, Kurvers, Neils and Wolf. No negative votes. Motion carried. PARK AND RECREATION COMMISSION MINUTES: A motion was made by Councilman Bennyhoff and seconded by Councilman Wolf that the Park and Recreation Commission Minutes of January 4, 1972, be noted and read. The following voted in favor thereof: Mayor K1inge1hutz, Councilmen Bennyhoff, Kurvers, Neils and Wolf. No negative votes. Motion carried. TRAFFIC ORDINANCE (ORDINANCE #3-B): A motion was made by Councilman Wolf and seconded by Councilman Bennyhoff to approve Ordinance #3-B, entitled "AN ORDINANCE AMENDING SECTION 1 OF ORDINANCE NO.3-A, ADOPTED JANUARY 19, 1970, AND REGULATING THE USE OF STREETS AND HIGHWAYS WITHIN THE VILLAGE OFCHANHASSEN, INCORPORATING PROVISIONS OF THE STATE HIGHWAY TRAFFIC REGULATION ACT BY REFERENCE; AND IM- POSING A PENALTY FOR THE VIOLATION THEREOF." The following voted in favor thereof: Mayor K1inge1hutz, Councilmen Bennyhoff, Kurvers, Neils and Wolf. No negative votes. Motion carried. CHANHASSEN VILLAGE COUNCIL MINUTES - January 17, 1972 -2- COUNCIL: A motion was made by Councilman Bennyhoff and seconded by Councilman Neils that any Councilman wishing to attend the school sponsored by the League of Municipalities for newly elected Mayors and Councilmen be reimbursed for registration, mileage and per diem. The following voted in favor thereof: Mayor K1inge1hutz, Councilmen Bennyhoff, Kurvers, Neils and Wolf. No negative votes. Motion carried. NEW BUSINESSES: A motion was made by Councilman Wolf and seconded by Councilman Bennyhoff that the Administrator send a letter of congratulations to all new businesses starting in Chanhassen. The following voted in favor thereof: Mayor K1inge1hutz, Councilmen Bennyhoff, Kurvers, Neils and Wolf. No negative votes. Motion carried. ZONING ORDINANCE: Mr. Ware was present stating that he was concerned with the R-1 and the R-1A Districts minimum standards. He wanted the Council to be informed that he is circulating a petition setting a minimum size home at 1500 square feet plus'. a two car enclosed garage. Petitions will be available before the next meeting. NORTH SERVICE AREA: Mr. Henry Neils was present to speak against and present a petition against the installation of sewer in the Christmas Lake area. HESSE'S BLUFF CREEK: A motion was made by Councilman Bennyhoff and seconded by Councilman Wolf to approve the preliminary plat according to the recommendations of the Planning Commission on January 11, 1972, as follows: 1. Mr. Hesse grant a 12 foot utility easement on the south side of Lot 5 and a 6 foot utility easement on the west side of Lots 3, 4, and 5. Utility easements on Lots 1 and 2 be 12 feet on the exterior boundary. 2. The Planning Commission recommends a variance to Section 7.02(h) of Ordinance 33 wherein the developer does not have to supply topographic data as stated in Village Engineer's letter of December 22, 1971. 3. Because of the natural boundaries and the fact that a portion of the proposed preliminary plat has been platted by a metes and bounds description the Planning Commission recommends the developer be granted a variance to section 8.01(b) of Ordinance 33. 4. No new streets are being proposed therefore Sections 8.02 and 8.03 of Ordinance 33 do not apply to this particular plat. Copies of Schoe11 and Madson's review of Preliminary Plat dated December 22, 1971, and Russell Larson's letter of January 4, 1972, be made an addendum to this recommendation. ~ I I I ~ ~ I - I CHANHASSEN VILLAGE COUNCIL MINUTES - January 17, 1972 -2- HESSE'S BLUFF CREEK (contd): The following voted in favor thereof: Mayor K1inge1hutz, Councilmen Bennyhoff, Kurvers, Neils and Wolf. No negative votes. Motion carried. BILLS: A motion was made by Councilman Wolf and seconded by Councilman Neils to approve all bills for payment as submitted. The following voted in favor thereof: 'Mayor Klingelhutz, Councilmen Bennyhoff, Kurvers, Neils and Wolf. No negative votes. Motion carried. . PAULY'S SUNDAY LIQUOR: A motion was made by Councilman Bennyhoff and seconded by Councí1man Wolf to approve an on sale license for intoxicating liquor, Sunday sales, for Pauly's Bar, Inc. The following voted in favor thereof: Mayor Klingelhutz, Councilmen Bennyhoff, Kurvers, Neils and Wolf. No negative votes. Motion carried. GAS BIDS: Gas bids were opened at 2:00 p.m., January 17, 1972, by the Village Clerk. Only one bid was submitted by Minnesota Victoria Oil Company. 22.1¢ per gallon for regular gas and ff~.3¢ per gallon for #2D diesel fuel. A·motion was made by Councilman Bennyhoff and seconded by Councilman Neils to approve the bid of Minnesota Victoria Oil Company in the amount of 22.1¢ per gallon for regular gas and 13.3¢ per gallon for #2D diesel fuel. The following voted in favor thereof: Mayor K1inge1hutz, Councilmen Bennyhoff, Kurvers, Neils and Wolf. No negative votes. Motion carried. PARK AND RECREATION SATURDAY MORNING PROGRAM: A motion was made by Councilman Neils and seconded by Councilman Wolf that Ronald Mielke be paid $15.00 per Saturday session for eight weeks, total of $120.00, for supervising the Saturday morning sessions. The following voted in favor thereof: Mayor K1ingelhutz, Councilmen Bennyhoff, Kurvers, Neils and Wolf. No negative votes. Motion carried. BLUFF CREEK HIGHLANDS: A motion was made by Councilman Bennyhoff and seconded by Councilman wolf to lower the $2000. performance bond requirement to $1000., to terminate July 1,1973, as per the Village Engineer's letter dated January 14, 1972. The following voted in favor thereof: Mayor K1inge1hutz, Councilmen Bennyhoff, Neils and Wolf. Councilman Kurvers voted no. Motion carried. WESTERN CONCRETE: A motion was made by Councilman Wolf and seconded by Councilman Bennyhoff to approve Western Concrete's application to dump the washings from ready mix trucks as per their letter dated January 17, 1972. This permit can be terminated by the Village upon 30 days notice for cause shown by the Village. The following voted in favor thereof: Mayor Klingelhutz, Councilmen Bennyhoff, Kurvers, Neils and Wolf. No negative votes. Motion carried. The Minutes should reflect that grass will be planted on the north and west edge of the fresh ground cover. CHANHASSEN VILLAGE ÇOUNCIL MINU'rES - JÇ\n~a.ry ;1,7,;1,972 ~4~ .~ ~ ADMINISTRATIVE ORDINANCE: General discussion on the Administrative I Ordinance. A motion was made by Councilman Bennyhoff and seconded by Councilman Kurvers that the Village Attorney prepare a resolution using the intent of the proposed ordinance and this discussion for the February 28, 1972, meeting. The following voted in favor thereof: Mayor K1inge1hutz, Councilmen Bennyhoff, Kurvers, and Wolf. Councilman Neils voted no. Motion carried. Councilman Neils would like the minutes to reflect that she felt that this should have been available at this time. POLICE CONTRACT: A motion was made by Councilman Wolf and seconded by Councilman Neils to authorize the Mayor and the Clerk to sign the Police Contract with Carver County in the amount of $49,722.75. The following voted in favor thereof: Mayor Klingelhutz, Councilmen Bennyhoff, Kurvers, Neils and Wolf. No negative votes. Motion carried. STREET LIGHTS: Discussion on an overall street lighting plan. Councilman Wolf stated that a total comprehensive street lighting plan should be submitted and approved. A motion was Bennyhoff to follows: 1. 2. 3. 4. 5 . 6. 7. 8. 9. 10. 11. made by Councilman Wolf and seconded by Councilman approve the ~lanning Commission recommendations as Highway 5 and County Road 16 East Highway 5 and County Road 17 North Highway 5 and County Road 17 South Highway 5 and County Road 117 Highway 5 and Highway 41 - Two Lights. Highway 5 and Lake Ann Park entrance Highway 101 and Pleasant View Road Yosemite and Lake Lucy Road County Road 17 and Carver Beach Road Highway 101 and Kiowa Trail County Road 117 and Lake Lucy Road The following voted in favor thereof: Bennyhoff, Kurvers, Neils and Wolf. carried. Mayor Klingelhutz, Councilmen No negative votes. Motion HIGHWAYS 41 and 5: A motion was made by Councilman Wolf and seconded by Councilman Kurvers that the Village of Chanhassen strongly urges the State Highway Department to install a 4-way red flasher at the intersection of Highways 5 and 4l. The following voted in favor thereof: Mayor Klingelhutz, Councilmen Bennyhoff, Kurvers, Neils and Wolf. No negative votes. Motion carried. . I ~ I I I CHANHASSEN VILLAGE COUNCIL MINUTES - January 17, 1972 -5- STATE HIGHWAY DEPARTMENT: A motion was made by Councilman Bennyhoff and seconded by Councilman Kurvers to adopt Resolution #117721 as follows: BE IT RESOLVED, That pursuant to statutory authority, the Village Administrator for and on behalf of the Village of Chanhassen is hereby authorized to request and obtain from the Minnesota Department of Highways, needed engineering and technical services during the year of 1972; for which payment will be made by the Village upon receipt or verified claims from the Commissioner of Highways. The following voted in favor thereof: Mayor K1inge1hutz, Councilmen Bennyhoff, Kurvers, Neils and Wolf. No negative votes. Motion carried. STATE HEALTH DEPARTMENT: Mayor K1inge1hutz appointed Councilmen Bennyhoff and Kurvers to the local board of health. MAINTENANCE DEPARTMENT: A motion was made by Councilman Neils and seconded by Councilman Kurvers that the Maintenance Superintendent's mileage, registration and per diem expenses be paid to "attend a Public Works Conference on February 3 and 4, 1972. The following voted in favor thereof: Mayor K1ingelhutz, Councilmen Bennyhoff, Kurvers, Neils and Wolf. No negative votes. Motion carried. INSPECTION DEPARTMENT: A motion was made by Councilman Wolf and seconded by Councilman Neils that Hubert Forcier's registration, mileage and per diem be paid to attend the 16th Annual Institute for Building Officials on January 17, 18, and 19, 1972. The following voted in favor thereof: Mayor K1inge1hutz, Councilmen Bennyhoff, Kurvers, Neils and Wolf. No negative votes. Motion carried. A motion was made by Councilman Bennyhoff and seconded by Councilman Neils to adjourn. The fOllowing voted in favor thereof: Mayor K1inge1hutz, Councilmen Bennyhoff, Kurvers, Neils and Wolf. No negative votes. Motion carried. TIME - 10:45 p.m.~ ~ Adolph Tessness 1\ Clerk-Administrator