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1969 07 14CONTINUATION OF MAY 19, 1969, PUBLIC HEARING ON SANITARY SEWER TRUNK LINE EXTENTION HELD JULY 14, 1969 The Chanhassen Village Council met on July 14, 1969, at 7:30 p.m. for the purpose of donducting a continuation of a public hearing on the proposed sanitary sewer trunk line extension to Bloomberg property. The following members were present: Mayor Coulter, Councilmen Hill, Klingelhutz, and Pearson. Councilman Bennyhoff was absent. The following people were present objecting to the extension of another sewer trunk line because of the pollution problem on Lake Riley: Charles Johnson, Mr. and Mrs. Robert Lindahl, Gregory Lindahl, and Mr. and Mrs. Edmond J. Gagnon. The following people were present as property owners who may be assessed for this improvement: Herbert Bloomberg, Martin Ward, Albert Sinnen, and Frank Kurvers. The Village Engineer explained the report on the proposed sanitary sewer lateral dated March 1969 recommending alternate number 2. Martin Ward stated that he would not object if only the line north of Highway #5 was installed and the assessment would only be against area A. Albert Sinnen agreed with Mr. Ward's statement. Frank Kurvers stated he was not against the proposed trunk line but wanted to be assured that his property would be served by this trunk line. The reason being that his property does not adjoin Highway #5 nor Highway #101. A motion was made by Mayor Coulter and seconded by Councilman Pearson to continue this public hearing on July 21 at 8:30 p.m. when a more detailed report will be presented by the Village Engineer. The following voted in favor thereof: Mayor Coulter, Councilmen Hill, Pearson., and Klingelhutz. No negative votes. Motion carried. A motion was made by Councilman Hill and seconded by Mayor Coulter that a subcommittee be appointed to insure that all necessary data would be available to be presented at the continuation of the public hearing on July 21. The following voted in favor thereof: Mayor Coulter, Councilmen Hill, Pearson, and Klingelhutz. No negative votes. Motion carried. Mayor Coulter appointed Councilman Hill, Adolph T.essness, Administrator, and Village Engineer. The public hearing adjourned at 8:50 P.M. I CHANHASSEN VILLAGE COUNCIL MEETING JULY 14, 1969 The special council meeting was called to order at 8:50 p.m. The following members were present: Mayor Coulter, Councilmen Hill, Pearson, and Klingelhutz. HERBERT PATZWALD: Mr. Simons, Attorney, presented Mr. Patzwald's case that he felt that the trailer house on Lake Riley was not in violation of the Zoning Ordinance. The Village Attorney stated that in his opinion the trailer house was in violation of the Zoning Ordinance and that the Village could enforce the removal of this violation. A motion was made by Councilman Hill and seconded by Councilman Pearson that the Village Attorney institute such proceedings as he might deem necessary to adjoin the use of said trailer. The following voted in favor thereof: Mayor Coulter, Councilmen Hill, Pearson, and Klingelhutz. No negative votes. Motion carried. ERWIN MOLNAU (CONDITIONAL USE PERMIT): Mr. Molnau was present explaining His proposal to use an existing building for drawing and building a piece of farm equipment. A motion was made by Councilman Hill and seconded by Councilman Klingelhutz to authorize the Village Attorney to draw up a Conditional Use Permit until January 1, 1971, regulating the use as stated by Mr. Molnau. The following voted in favor thereof: Mayor Coulter, Councilmen Hill, Pearson, and Klingelhutz. No negative votes. Motion carried. MR. RATLIFF (CONDITIONAL USE PERMIT): Mr. Ratliff explained his proposed use of two existing buildings on the McMahon property also his plans fok building a home and using the existing barn to stable horses. A motion was made by Councilman Hill and seconded by Councilman Pearson to refer this matter to the Planning Commission. At that time Mr. Ratliff should present complete plans for all land use on the property he is purchasing from Mr. McMahon. The following voted in favor thereof: Mayor Coulter, Councilmen Hill, Pearson, and Klingelhutz. No negative votes. Motion carried. 68 -6 KERBER DRIVE: A motion was made by Councilman Hill and seconded by Councilman Pearson to delay final approval until next week on Kerber Drive so that a report can be presented on the claim by Patrick Kerber. The following voted in favor thereof: Mayor Coulter Councilmen Hill, Pearson, and Klingelhutz. No negative votes. Motion carried. BOND REQUIREMENT: A motion was made by Councilman Klingelhutz and seconded by Councilman Pearson that the State Bank of Chanhassen file with the Village a bond in the amount of $70,000 guaranting all funds on deposit in the State Bank of Chanhassen. The following voted in favor thereof: Mayor Coulter, Councilmen Hill, Pearson, and Klingelhutz. No negative votes. Motion carried. Council, Minutes, July 14, 1969 PARK AND RECREATION: A motion was made by Councilman Hill and seconded by Councilman Pearson to approve the appointments of Conrad Fiskness and Donald Slathar to the Park and Recreation Commission until January 1, 1970. The following voted in favor thereof: Mayor Coulter, Councilmen Hill, Klingelhutz, and Pearson. No negative votes. Motion carried. REZONING: Robert Scholer, Chairman of the Planning Commission, presented a letter and the recommendations of the Planning Commission recommending that the areas be rezoned to Commercial. Schneider Agency had petitioned for their property to be rezoned to Commercial. Mr. Huber was asked to be at the Planning Commission meeting of July 8 asking if he desires to have his property rezoned as it is adjacent to the Schneider property. Mr. Huber understood that when he purchased this property that it was zoned Commercial at that time. The Brose property is south of the Village Hall and north of the Huber property adjacent to Kerber Drive. It was felt by the Planning Commission it should also be rezoned with the others. A motion was made by Councilman Klingelhutz and seconded by Councilman Hill to set the public hearing date for July 28, times as follows: Schneider Agency, Inc. at 7:30 p.m. All that part of the East 990 feet of the Southwest Quarter of the Southwest Quarter of Section 12, Township 116, Range 23, Carver County, Minnesota, lying Southerly of the North 864.98 feet thereof, excepting therefrom the East 433 feet thereof. John Huber at 7:40 p.m. The South 295 feet of the East 433 feet of the Southwest Quarter of the Southwest Quarter of Section 12, Township 116, Range 23, Carver County, Minnesota. John Brose at 7:50 p.m. All that part.of the East 433 feet of the Southwest Quarter of the Southwest Quarter of Section 12, Township 116, Range 23, Carver County, Minnesota, lying Southerly of the North 864.98 feet thereof, excepting therefrom the South 295 feet thereof. The following voted.in favor thereof: MayorCCoulter, Councilmen Hill., Pearson, and:Klingelhutz. No negative votes. Motion carried. MOLINE PLAT: A motion was made by Councilman Klingelhutz and seconded by Councilman Pearson to approve the final plat making a part of the development contract that only single family dwellings be allowed in this development. The following voted in favor thereof: Mayor Coulter, Councilmen Hill, Pearson, and Klingelhutz. No negative votes. Motion carried. DOG ORDINANCE: The first reading of the proposed amendment to the Dog Ordinance with only one.change_being.considered is changing the age of requirement for a dog license from three months to six months. 68 -1B STORM SEWER: The Engineer submitted a detailed report showing how the storm sewer would be installed and the areas that would be assessed. A motion was made by Councilman Pearson and seconded by Mayor Coulter to set the date for a public hearing for July 28, 1969, at 8:30 p.m. on this proposed storm sewer improvement. The following voted in favor thereof: Mayor Coulter, Councilmen Hill, Pearson, and Klingelhutz. No negative votes. Motion carried. Council Minutes, July 14, 1969 PLANNING COMMISSION: A motion was made by Councilman Klingelhutz and seconded by Councilman Hill approving the recommendation of the Planning Commission that $500 be -taken from the Planning Commission Budget and be placed in a Budget for the Industrial Commission. The following voted in favor thereof: Mayor Coulter, Councilmen Hill, Klingelhutz, and Pearson. No negative votes. Motion carried. 68 -2: A motion was made by Councilman Klingelhutz and seconded by Councilman Pearson that Change Order No. 1 in the amount of $95.00 be approved. The following voted in favor thereof: Mayor Coulter, Councilmen Hill, Pearson, and Klingelhutz, No negative votes. Motion carried. MINUTES- A motion was made by Councilman Hill and seconded by Councilman Pearson to approve the Village Council minutes of June 16 and 24. The following voted in favor thereof: Mayor Coulter, Councilmen Hill, Pearson, and Klingelhutz. No negative votes. Motion carried. A motion was made by Councilman Hill and seconded by Councilman Klingelhutz that the Park and Recreation Commission minutes of June 17 and July 1 were read and noted. The following voted in favor thereof: Mayor Coulter, Councilmen Hill, Pearson, and Klingelhutz. No negative votes. Motion carried. A motion was made by Councilman Klingelhutz and seconded by Councilman Hill that the Planning Commission minutes of June 17 and July 8 were read and noted. The following voted in favor thereof: Mayor Coulter, Councilmen Hill, Pearson, and Klingelhutz. No negative votes. Motion carried. SUNRISE HILLS: A motion was made by Councilman Klingelhutz and seconded by Councilman Hill that the Village install a curb in front of the Bovy and Barrett properties equal to what was there prior to construction also meet with Smiths, Bovy and Barrett to arrive at a cash settlement resolving the landslide on the lakeshore. The following voted in favor thereof: Mayor Coulter, Councilmen Hill, Klingelhutz, and Pearson. No negative votes. Motion carried. HOLASEK (HOUSEMOVE): A motion was made by Councilman Pearson and seconded by Councilman Klingelhutz to grant temporary approval to move a house onto Mr. Holasek's property. It must be submitted to the Planning Commission. If permanent approval was not granted by the Planning Commission the house would have to be moved from the property within 45 days of said denial. The following voted in favor thereof: Mayor Coulter, Councilmen Hill, Pearson, and Klingelhutz. No negative votes. Motion carried. TIME: 11:15 p.m. Adolph Tessness Clerk- Administrator