1968 04 15CHANHASSEN VILLAGE COUNCIL MEETING APRIL 15, 1968
The Chanhassen Village Council met in regular meeting April 15, 1968,
at 8:00 P.M. The following members were present: Mayor Coulter,
Councilmen Hill, Bennyhoff, Pearson, and Klingelhutz. None absent.
On a motion made by Councilman Klingelhutz and seconded by Councilman
Hill that the minutes of the April 8th meeting be approved with the
following correction.
Ralph Kant stated he did not understand the deferred assessment of
$5,810.00 for the storm sewer in Highland Park. Engineer Flatego
explained that when the finished streets were put in Highland Park
that the storm sewer was put in so that the streets would not have
to be torn up again. This storm sewer does not just benefit those
homes in Highland Park but includes the run off of a much larger area.
Therefore, the amount of $5,810.00 was deferred until the major storm
sewer project was completed. The property in Highland Park will pay
the same assessment as any other property assessed in the storm sewer
drainage area.
The following voted in favor thereof: Mayor Coulter, Councilmen Hill,
Pearson, Bennyhoff, and Klingelhutz. No negative votes. Motion carried.
AMENDMENT TO MARCH 18th MINUTES: On a motion made by Councilman
Bennyhoff and seconded by Councilman Pearson that the Fire Department
paragraph in the March 18th minutes be amended to read as follows:
The Council instructed the Fire Department that all billing will be
done through the Village. The following voted in favor thereof:
Mayor Coulter, Councilmen Hill, Bennyhoff, Klingelhutz, and Pearson.
No negative votes. Motion carried.
AMENDMENT TO MARCH 25th MINUTES: On a motion made by Councilman
Bennyhoff and seconded by Councilman Pearson that the paragraph
Deputy Clerk be amended to read as follows: Kay Klingelhutz be
appointed as Treasurer and Deputy Clerk. The following voted in
favor thereof: Mayor Coulter, Councilmen Bennyhoff, Pearson,
Klingelhutz, and Hill. No negative votes. Motion carried.
BEIERS COMPANY: Attorney Moriarty, representing the Beiers Company,
requested that the zoning change of their property be published as
should have been done originally. Attorney Larson stated that even
though all steps that were taken by the Village Council at that time
were legal the failure to publish the Ordinance makes the procedure
incomplete. All Ordinances shall be enacted by a majority vote of
all the members of the Council where a larger number is required
by law. It shall be signed by the Mayor, attested by the Clerk and
published once in the official newspaper. Proof of the publication
shall be attached to and filed with the Ordinance. Every Ordinance
shall be recorded in the Ordinance book within 20 days after its
publication. All Ordinances shall be suitably entitled and shall be
substantially in the stype. Attorney Larson also stated that he could
not find at this time any statute that would make it legal for this
Council to validate what actions were taken by another (old Council).
Ken Beiersdorf explained their position regarding this property. He
stated that they have tried work with the Village and hoped that they
could work out something that would benefit all concerned. Mayor
Coulter stated that they should start with the Planning Commission and
work to proper zoning rather than do something now that could be a
problem in the future. Moriarty requested that a motion be made on
his letter dated April lst. Councilman Hill asked the Village Attorney
which would be the better way for the motion to read. 1) The Council
approves or denys the request,.or 2) If some other way might be better
legally, should the Village by forced to go to court. Attorney Larson
stated that he feels a motion to table this matter would be best at
this time to enable him to look into the legal.status of this zoning.
On a motion made by Councilman Pearson and seconded by Councilman
Bennyhoff to table the request of the April lst letter submitted by
the Beiers Company. A roll call vote was called. Councilman Hill - aye,'
Councilman Bennyhoff - aye, Councilman Pearson - aye, Councilman
Klingelhutz - no, Mayor Coulter - no. Three aye votes, two no votes.
Motion carried.
WATER EXTENSION EAST BOUNDARY LINE OF.AUDITUR'S SUBDIVISION #2: Engineer
Flatebo explained to the Council the facts of the water extension which
will service the Bloomberg and Zetah properties. On a motion made by
Councilman Klingelhutz and seconded by Councilman Hill approving the
water extension to service the Bloomberg and -Zetah properties. The
following voted in favor thereof: Mayor Coulter, Councilmen Hill,
Pearson, Bennyhoff, and Klingelhutz. No negative votes. Motion carried.
LAKE.VIEW HILLS: Engineer Flatebo presented to the Council an agreement
regarding the operation of the Lake View Hills Sewer. The Council ,
instructed Attorney Larson to check the agreement and submit it to this
Council for.approval by the next regular Council meeting.
ANTIQUE SHOP: On a motion made by Councilman Klingelhutz and seconded
by Councilman Hill that those parties leasing the old Village Hall for
an Antique Shop can rent the building formerly occupied by Contemporary
Structures on Highway #41 for storage, not basically for sale of merchandise.
They will not be allowed to change the exterior or erect any signs. This
will be granted on a non - conforming use permit. The following voted
in favor thereof: Mayor Coulter, Councilmen Hill, Pearson, Bennyhoff,
and Klingelhutz.. No negative votes. Motion carried.
On a motion made by Councilmen Klingelhutz and seconded by Councilman
Hill to allow the Antique Shop proprieters to erect a sign 12" x 18"
on the-intersection of Highways 101 and 5 which will read "Antique Shop"
with a pointing arrow. The following voted in favor thereof: Mayor
Coulter, Councilmen Pearson, Bennyhoff, Hill, and Klingelhutz. No
negative votes. Motion carried.
LOT 12,.AUDITOR'S SUBDIVISION #2: A letter was read from the Village
Attorney regarding the owners of Lot 12, Auditor's Sub. #2. A discussion
followed as to the Village acquiring this lot for park area. Mayor
Coulter was instructed to check into this.
SOUTHWEST SANITARY DISTRICT: On a motion made by Councilman Bennyhoff
and seconded.by Councilman Pearson that the Council approve the Resolution
forwarded to us from Minnetonka Village regarding the Southwest Sanitary
Sewer District. (Resolution on file) The following voted in favor
thereof: Mayor Coulter, Councilmen Hill, Klingelhutz, Bennyhoff and
Pearson. No negative votes. Motion carried.
April 15, 1968, minutes continued (Page 3)
ORDINANCE #25: A discussion was held on Ordinance 125. The Council
decided to turn Ordinance #25 over to the Fire Department to rework
and submit back to the Council.
ORDINANCE #26 - PLANNED INDUSTRIAL DISTRICT ORDINANCE: On a motion
made by Councilman Hill and seconded by Councilman Pearson to approve
Ordinance #26 - Planned Industrial District Ordinance. The following
voted in favor thereof: Mayor Coulter, Councilmen.Hill, Pearson,
Bennyhoff, and Klingelhutz. No negative votes. Motion carried.
PROJECT FUNDS: Councilman Hill moved the following Resolution be
adopted:
"WHEREAS, The Council of the Village of Chanhassen considers it
necessary and essential that a percentage of the various construction
projects to be deposited in the General Fund as reimbursement for
time and expense in connection with administration costs incurred.
WHEREAS, it is the judgment of the Council that the Village of
Chanhassen shall set up a construction project charge for time and
expense incurred in.administration costs. This charge shall be
deposited in the General Fund. The charge shall be as follows:
$1.00 to $9,999.99 5%
10,000.00 to 49,999.99 4%
50,000.00 to 99,999.99 3%
100,000.00 and over 2%
Resolution seconded by Councilman Bennyhoff. The following voted in
favor thereof: Mayor Coulter, Councilmen Hill, Bennyhoff, Klingelhutz,
and Pearson. No negative votes. Motion carried.
KENNEL LICENSE: On a motion made by Councilmani- Bennyhoff and seconded
by Councilman Hill to approve the application for a Kennel License from
John Malokowsky. The following voted in favor thereof: Mayor Coulter,
•Counci "linen -Hill, Pearson,'-Bennyhoff, and Klingelhutz. No negative
votes. Motion carried.
3.2 LIQUOR LICENSE: On a motion made by Councilman Hill and seconded
by Councilman Klingelhutz�to approve the 3.2 on sale liquor license
application for - Chanhassen Fire Department and Assumption Seminary and
3.2 off sale liquor license application for Ed's Super Fair. The
following voted in favor thereof: Mayor Coulter, Councilmen Hill,
Pearson, Klingelhutz, and Bennyhoff. No negative votes. Motion carried.
UTILITY MAN: On a motion made by Councilman Klingelhutz and seconded
by Councilman Bennyhoff.to hire Jerry Schlenk as Utility Superintendent
for a salary of $450.00 per month with a $25.00 raise after water
license is obtained and $25.00 raise after sewer license is obtained
and also .08� per mile for car expense. The following voted in favor
thereof: Mayor Coulter, Councilmen Hill, Bennyhoff, Pearson, and
Klingelhutz. No negative votes. Motion carried. The Council also
instructed. Jerry Schlenk to attend the Water and Sewer School with
school fees to be paid by the Village. Mayor Coulter and Councilman
Pearson on Utility Committee will check on utility equipment with the
Administrator and Utility Superintendent.
APPLICATION FOR EXCAVATION.BY NORTHWESTERN BELL TELEPHONE COMPANY:
On a motion made by Councilman Pearson and seconded by Councilman.Hill
to approve the application made by Northwestern Bell Telephone Company
to install underground telephone lines in Western Hills and Red Cedar
Point with the understanding that they_fol.l6w the proposed ordinance
for installation_ of.underground - utilities. The following voted in
favor thereof: Mayor Coulter, Councilmen.Hill, Pearson, Bennyhoff,
and Klingelhutz. No negative votes. Motion carried.
The Village Council wants the minutes to reflect that April 21st be
designated as " Goodbye Measles Day ".
BILLS: On a motion made by Councilman Hill and seconded by Councilman
Klingelhutz to approve and pay..all bills_as submitted, except.Hayden
Murphy to be paid.entirely from the General Fund. The following voted
in favor thereof: Mayor Coulter,,Councilmen.Hill, Pearson, Bennyhoff,
and Klingelhutz. No negative - votes. Motion carried.
PARK AND.RECREATION: On a motion made by Councilman Klingelhutz and
seconded by Pearson to appoint Harvey Will-to the Park.and
Recreation Commission. The-following voted in favor thereof: Mayor
Coulter, Councilmen Hill, Klingelhutz, Pearson, and Bennyhoff. No
negative votes. Motion carried.
PERSONNEL POLICY: A discussion was held on a Personnel Policy Ordinance.
Councilman -Hill was instructed to draw up a prel,iminary.ordinance and
submit it to the Council as soon as-possible.
EASEMENT: Robert Scholer requested that a utility easement be drawn
up as soon as possible for Lots 2 and 3, Block 2, Sunrise Hills Second
Addition.
SCHOLER'S SECOND ADDITION: Robert Scholer would like to minutes to
show that he will complete Saint Andrews Street this spring with drawings
and specifications of original street layout in Scholer's Second Addition.
Robert Scholer would like a letter to be sent to the Veterans Administration
and Prudential Insurance Company regarding the escrow funds and also
status of.Saint John's Street -and also that road is in and completed
and that Scholer paid his share.
On a motion made by Councilman Pearson.and seconded by Councilman
Klingelhutz, meeting adjourned.
TIME: 12 :'10 A.M.
Adolph Tessness
Administrator
L