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1968 12 16PUBLIC HEARING DECEMBER 16, 1968 BEIERS COMPANY REZONING The public hearing was called to order by the Mayor. The following persons were present in= regards to ;this public hearing: Maxfield Otto, Ken Beiersdorf, George Hite, Mrs. Ray Kerber, Ray Kerber, Henry C. Dimher:, George .S,chroers ,­.Wendell Gravlun, Charles Kerber, Ralph Nesbitt, Jerry Lutz, and Ward Passe. Henry Dimler, a resident of Eden Prairie owning property adjoining the property to be rezoned on the east side, spoke in approval of the request from the Beiers Company for re-zoning Ralph Nesbitt, Eden Prairie Planning Commission Chairman-,_.stated that Eden Prairie was objecting to the rezoning. George Hite, Manager.of.Eden Prairie, spoke in behalf of Eden Prairie and their new guide plan stating their objection that this proposed rezoning would not be in accordance with their plans also that they will be changing the zoning to coincide with their new guide plan as soon as possible and being that this request would be in direct conflict they..would like-to request-that the Villag-e of Chanhassen not approve the rezoning request. George Schroers is in favor of the rezoning, he is the property owner on the south side. Ray Kerber, resident of Eden Prairie abutting the new zoned Planned Industrial site on the north side of Highway #5 but within 200 feet of the proposed rezoning, is in favor of the request... Maxfield Otto gave an explanation as to the uses and how they felt it fit with the _Generalized Guide Plan of the Village of Chanhassen and explained -the proposed uses also presented a preliminary plat. Ken Beiersdorf, owner of property requested to be rezoned, :ga - -ve a -short- .!exp- lanaton for. reasons for the request. 1 Public hearing adjourned 8:20 p.m. CHANHASSEN VILLAGE COUNCIL MEETING DECEMBER '16, 1968 The Chanhassen Village Council meeting on December 16, 1968,'at 8:20 p.m..was.opened With the Pledge.to the Flag. The following members were present: Mayor Coulter, Councilmen Hill,.Bennyhoff, Klingelhutz, and Pearson. MINUTES: A motion was made by Councilman Klingelhut.z and seconded by Councilman Hill to approve the minutes of the.De.cember. 2 meeting. The following voted in favor thereof: — Mayor Coulter, Councilmen Hill, Bennyhoff, Pearson, and Klingelhutz. No negative votes. Motion carried. The Park and Recreation Commission minutes of.December 5 were read and noted. The Planning Commission minutes of December 5 were read and noted. REZONING (BEIERS COMPANY PROPERTY): Councilman Hill questioned the Village Attorney as to how do we stand in regards to the Metropolitan Council as far as their veto power. The Village Attorney read that portion of the Statute giving the Metropolitan Council its power stating that the Metropolitan Council's decisions relate to problems of metropolitan concern. Mr. Beiersdorf was asked if he would give a 75 foot roadway easement on the East end of his property as per Eden Prairie's request. He stated he would. A motion was made by Councilman Pearson and seconded by Councilman Bennyhoff to approve the petition to rezone the following described tract of land from a Farm Residence District to a Residence District "C" as defined in Chanhassen Township Ordinance No. 1 as amended: The West 700 feet of the North Half of the Northwest Quarter of Section 18, Township 116 North, Range 22 West of the 5th Principal Meridian, Hennepin County, Minnesota, consisting of 21.2 acres, more or less. To rezone the following described tract of land from a Farm Residence District to a Business District as defined in Chanhassen Township Ordinance No. 1 as amended: The East 525 feet of the West 1,225 feet of the North Half of the Northwest Quarter of Section 18, Township 116 North, Range 22 West of the 5th Principal Meridian, Hennepin County, Minnesota, consisting of 15.9 acres, more or less. To rezone the following described tract of land from a Farm Residence District to a Planned Industrial District as defined in Chanhassen Village Ordinance No. 26: That part of the North Half of the Northwest Quarter of Section 18, Township 116 North, Range 22 West of the 5th Principal Meridian, Hennepin County, Minnesota, which lies East of the West 1,225 feet thereof, consisting of 37.2 acres, more or less. The following voted in favor thereof: Mayor Coulter, Councilmen Hill, Pearson, Bennyhoff, and Klingelhutz. No negative votes. Motion carried. INDUSTRIAL COMMISSION: Councilman Klingelhutz gave a report on the Industrial Commission's progress to this point. He recommended that Ralph Thrane and Stuart Baird be appointed to the Industrial Commission also that an ordinance be drawn up and adopted regarding the Industrial Commission. A motion was made by Councilman Bennyhoff and seconded by Councilman Hill appointing Ralph Thrane and Stuart Baird to the Industrial Commission. The following voted in favor thereof: Mayor Coulter, Councilmen Hill, Bennyhoff, Klingelhutz, and Pearson. No negative votes. Motion carried. The Village Attorney was instructed to prepare an ordinance for the Industrial Commission for Council approval. Village Council Minutes December 16, 1968 -3- WELL BIDS: The Village Engineer submitted a final report regardlng the bids on the new well recommending that Keys Well Drilling Company be awarded the bid as the low.bidder as follows: Well $13,501.00, Alt. - .$2,12`6.00 - Pump. - $ 5,897._ -00, Total Bid - $19,398.00. A motion was made by Councilman Hill and seconded by Councilman Bennyhoff. -to approve the low bid of Keys Well Drilling_ Company. The following voted in favor thereof:..Mayor Coulter, Councilmen Hill, Bennyhoff, Pearson, and Klingelhutz.. No negative votes. Motion carried. KENNEL LICENSE: A motion was made by Councilman Hill and seconded by Councilman Pearson to approve the Kennel Application for Sewall Osgood. The following votes were cast: Mayor Coulter - yes, Councilman Hill - yes, Councilman Klingelhutz - no, Councilman Pearson - yes, Councilman Bennyhoff - yes. Motion carried._. The Administrator was instructed to gather some informa.ti for a possible amendment to the Kennel Licensing. BILLS: A motion was made by Councilman Hill and seconded.by Councilman- Pearson to approve and pay all bills.. The.following voted in favor thereof: Mayor Coulter, Councilmen Hill, Pearson, Bennyhoff, and Klingelhutz. No negative votes. Motion carried. Councilman Hill moved the adoption of the following Resolution: BE IT RESOLVED that $1,044.05, Check #2239General Account, be paid to Chanhassen: Fire :Department . on: a warrant. Resolution seconded by.Councilman Pearson.: The following voted in.favor thereof: Mayor Coulter, Councilmen Hill, Bennyhoff, Pearson, and Klingelhutz. No negative votes. Motion carried. MAPLEWOOD ADDITION: Mr. Youngquist and -his Attorney-Mr. Odell were present to explain what had been done to rectify the pollution problem of drain tile.. The Village .Engineer :and. Councilman . Bennyhoff had- .inspected_the.Addition on Saturday, December 14. The Engineer stated that the drain tile had been removed and that building - permits could be.approved -at this time. A motion was made by Councilman - Bennyhoff and by _Councilman Klingelhutz that Maplewood Addition be granted building permits when requested i all requirements of the Village Ordinances were met. The following voted in favor thereof: Mayor;Coulter, Councilmen Hill, Bennyhoff Klingelhutz, and Pearson. No negative votes. Motion carried. PARK AND - RECREATION COMMISSION: A motion was made by Councilman Klingelhutz and seconded by Bennyhoff to appoint Steven. Wolf to =the Park -and Recreation- :Commission until. January -6. The following voted in -favor thereof: Mayor Coulter, Councilmen Hill, Bennyhoff, Klingelhutz, and- Pearson. - .No negative votes.. Motion carried. The reason for this term is that standard appointments made the first meeting in January. Village-Council Minutes December 16, 1968 -4- CIGARETTE LICENSE: A motion was made by Councilman Bennyhoff and seconded by Councilman Klingelhutz that all license applications be approved when, filed properly._ The...: following voted _in favor thereof Mayor -Coulter,. Councilmen Bennyhoff, Klingelhutz, Pearson, and Hill. No._negative, votes. Motion carried. , SUNRISE HILLS 19:6.7 -4 :. A- motion. ,w_as made.:by..Councilman Pearson and seconded-by Councilman Klingelhutz.-to; approve the final. payment less $7.00 .as. a hold -ba.ck on work to -be .completed in the Spring. The following voted in favor thereof: Mayor Coulter, Councilmen Hill, Bennyhoff, Pearson, Klingelhutz. No negative _votes._ Motion .carried- GASOLINE FUEL, BIDS.- motion..w:as _made . by :Councilman Pearson and seconded by Counci:lman.Klingelhutz approving. the... advertisement for bids. . .to. be opened. _D.ecember. _30, 19�68,.;at- 2:30 p.m. The following voted in favor thereof: Mayor.Coulter, Councilmen Bennyhoff, Pearson, Klingelhutz, and Hill. No negative votes._ Motion - carried. _. POLICE CONTRACT: A motion was made by Councilman Pearson and seconded. by :Councilman_ Bennyhoff to - approve. the Police Contract as. submitted for the year - .1969.. - The following voted in..favor thereof:_. Mayor.Coulter, :Councilmen Hill,,Bennyhoff, Klingelhutz, and Pearson. No negative votes. Motion carried. ADMINISTRATION (PURCHASE): A motion was made by Councilman Pearson and seconded by Councilman Bennyhoff to purchase the IBM ..Typewriter. The following. voted in :favor , thereof: Mayor Coulter, Coun.cilmen.Hill, Bennyhoff ,_Pearson,:.and.Klingelhutz. No.ne.g.ative votes. Motion carried. PLANNING COMMISSION: The Development Contract should be submitted to.. the Attorney-:for : f inal. draft DOGS: A motion was made by,Counc.ilman Be.nnyhoff:and. seconded by Gouncilman_Hill to.approve;.the contract. T.onka.Kennels to be the Animal Warden and.Dog Pound,for the -:Village, of Chanhassen for the year 1969. The.following voted in-.favor thereof:. .Mayor Coulter, Councilmen Hill, Pearson, Bennyhoff, and Klingelhutz. No negative.votes._ Motion carried. SOUTHWEST .SANITARY . SEWER DISTRI : . _ An .explanation . was. given of what mas,_discussed at the:last District.meeting and,explained what was going :.to be presented to . the -Legislature 'regarding the Sewer District. _ PLATTING. ORDINANCE: The.-Village Attorney explained State Statute and his discussion with the Register.of Deeds. A motion was made by Councilman-Pearson and:.seconded by.Councilman Hill..that the Village Attorney send a letter to the Register of Deeds informing him of the Council's desire to comply with the State Statute. The following voted in favor thereof:.. Mayor. _ Coulter,. Councilmen Hill, Bennyhoff, Klingelhutz, and Pearson. No negative votes. Motion carried. Village Council Minutes, December 16, 1968 -5- UTILITIES: A motion was made by Councilman Hill and seconded by Councilman Pearson approving a form letter to be sent delinquent utility users. The following voted in favor thereof: Mayor Coulter, Councilmen Hill, Bennyhoff, Klingelhutz, and Pearson. No negative votes. Motion carried. MISCELLANEOUS: A letter was read from the Metropolitan Zoo Committee. This letter was referred to the Park and Recreation Commission. ENGINEER: The committee appointed to study and gather facts on a consulting engineer for the Village of Chanhassen should have a report to the Council prior to their meeting on the third Monday in January. A motion was made by Councilman Bennyhoff and seconded by Councilman Pearson to adjourn. TIME: 11:20 p.m. Adolph Tessness Clerk - Administrator KERBER DRIVE: Councilman Pearson moved the adoption of the following Resolution authorizing issuance, establishing the form and terms and directing the execution and delivery of $24,000 temporary improvement bonds as set forth in a separate document. Resolution seconded by Councilman Bennyhoff. The following voted in favor thereof: Mayor Coulter, Councilmen Hill, Bennyhoff, Pearson, and Klingelhutz. No negative votes. Motion carried. UTILITIES: A motion was made by Councilman Hill and seconded by Councilman Pearson approving a form letter to be sent delinquent utility users. The following voted in favor thereof: Mayor Coulter, Councilmen Hill, Bennyhoff, Klingelhutz, and Pearson. No negative votes. Motion carried. MISCELLANEOUS: A letter was read from the Metropolitan Zoo Committee. This letter was referred to the Park and Recreation Commission. ENGINEER: The committee appointed to study and gather facts on a consulting engineer for the Village of Chanhassen should have a report to the Council prior to their meeting on the third Monday in January. A motion was made by Councilman Bennyhoff and seconded by Councilman Pearson to adjourn. TIME: 11:20 p.m. Adolph Tessness Clerk - Administrator