1969 11 17CHANHASSEN VILLAGE COUNCIL MEETING NOVEMBER 17, 1969
The Chanhassen Village Council meeting on November 17, 1969,
at 8:OO p.m. was opened with the Pledge to the Flag. The
following members were present: Mayor Coulter, Councilmen
Klingelhutz, Bennyhoff, Pearson, and Hill.'
MINUTES A motion was made by Councilman Klingelhutz that
the November 10, 1969 Council minutes be approved with the
following correction that the Chanhassen Fire Department
Relief Association check was for the amount of $988.37,
Councilman Hill seconded the motion. The following voted
in favor thereof: Mayor Coulter, Councilmen Hill, Pearson,
Bennyhoff, and Klingelhutz. No negative votes. Motion
carried. A motion was made by Councilman Hill and seconded
by Councilman Klingelhutz that the November 11, 1969,
Planning Commission minutes be noted and read. Councilman
Klingelhutz withdrew his second and Councilman Hill withdrew
his first. Motion withdrawn. It was suggested that more
information be obtained regarding the Nason- Wehrman- Knight
and Chapman, Inc. bills, and be discussed at the next meeting.
SCHROERS PROPERTY The Village Attorney, Russell Larson,
reported that he has met with Grathwal Schroerb Attorney
regarding sewage effluent flowing on the Schroers property.
Larson reported that Grathwal was to appear before the
South West Sanitary Sewer District Board last Tuesday, November
11, 1969, and to date has not received any reports.
B ECKMAN GARAGE PERMIT Mr. Beckman has requested permission
to build a new 24x24 garage which would come within 34" of his
property line.. Councilman Hill, a member of the Board.of
Adjustments and Appeals, gave the following report. The
Board of Adjustments and Appeals met on the building site and
recommended that the Council grant the variance to Mr. Beckman
to build his garage provided he build a decent structure, such
as sided,painted, etc., and that his property be cleaned up.
Council dill moved that the Council grant a variance to permit
construction of a garage on the Beckman property to come within
34" from the lot line provided that plans and specifications
are submitted with the building permit and the garage will be
finished, painted with good appearance, and that the entrance
will face to the east. Councilman Bennyhoff seconded the motion.
The following voted in favor thereof: Mayor Coulter, Councilmen
Hill, Pearson, Bennyhoff, and Klingelhutz. No negative votes.
Motion carried.
TRAFFIC PROBLEM Oriole Street Numerous telephone calls
have been received from Mrs. Ziegler and Mrs. Reed, requesting
that lower speed limit signs, pedestrian crossing signs, stop
signs, or something of this be placed on Oriole Street.
The Maintenance Department and Police Department were.requested
to investigate the problem and report to the Council their
recommendations. Henry Wrase, Superintendent of the Maintenance
Department, recommended that he did not feel there was a serious
problem at this time. To date no recommendation has been
received from the Police Department. A motion was made by
Councilman Bennyhoff and seconded by Councilman Hill to table
this matter until something is heard from the Police Department.
COUNCIL-MINUTES - .November 17, 1969
The following - voted.in favor thereof: -. Mayor Coulter,
Councilmen Hill, Klingelhutz, Bennyhoff, and Pearson.
No negative votes. Motion carried. Mayor Coulter instructed
the Clerk- Administrator to call the Sheriff to find out
why no report has been received.
REAL ESTATE 1970'= ASSESSMENT-INCREASE Mayor Coulter
reported to the Council that he received a letter from
Rufus T— Logan, Commissioner of Taxation, regarding
the 1970 assessment, stating that the following changes
are needed to equalize the Village of Chanhassen valuations
with the standards of assessment throughout the State.
Residential Real Estate - Increase 25%
Commercial Real Estate - Increase 20%
Farm Real Estate - Increase 10%
A motion was made by Councilman Bennyhoff and seconded by
.. Councilman. Klingelhutz.authorizing the Village Attorney,
Russell Larson, and Mayor Coulter to meet with the Commissioner
of Taxation regarding the above matter. The following voted
in favor thereof: Mayor Coulter, Councilman Hill, Pearson,
Klingelhutz, and Bennyhoff. No negative votes. Motion carried.
NEWS COVERAGE A motion was made by Mayor Coulter and seconded
by Councilman Klingelhutz that a letter be sent to Virginia
Harris, thanking her for the excellant job of coverage and
fair accurate and impartial reporting of our meetings and
the editorials she has written. Also a letter should be sent
to the Sun Newspaper to that effect. The following voted:in
favor thereof: Mayor Coulter, Councilmen Hill, Pearson,
Bennyhbff, and Klingelhutz. No negative votes. Motion carried.
LAWCON APPLICATION Mayor Coulter reported that the Metropolitan
Council approved our application for LAWCON funds in the amount
of $94,500.00.
WELL ORDINANCE A motion was made.;hy_Councilman Klingelhutz
and seconded by Councilman Hill to postpone a decision on the
Well Ordinance until the December 1, 1969, meeting and that
preliminary copies of the ordinance be sent to all Well Drillers
in the area and notifying them that we will be passing on it.
.The following voted in favor thereof: Mayor Coulter, Councilmen
Hill, Pearson, Klingelhutz, and Bennyhoff. No negative votes.
Motion carried.
S EWER HEARING AT SHOREWOOD: -Mayor Coulter reported to the
Council that there is going to be a hearing in Shorewood on
Monday, November 24, 1969, regarding Sanitary Sewer. Mayor
Coulter urged all Councilmen to attend because this will effect
parts of the Village of Chanhassen.
COUNCIL MINUTES - November 17, 1969
-3-
SEWER .BACK..uP -. Jerry Neher was present - requesting the Council
to back him up regarding his Insurance claim when the sewer
backed up in his basement. This was in conjunction with the
68 -2 Well Project. A letter was read -from Schoell and Madson
on this matter. A motion was made by Councilman Klingelhutz
and seconded by Councilman Hill that -the Village approve the
Engineers recommendation regarding amount of hold back,to
Norman and Smith. The following voted in favor thereof:
Mayor Coulter, Councilmen Hill, Pearson, Klingelhutz, and Benny-
hoff. No negative votes. Motion carried.
PARK AVENUE GREENHOUSE - BUILDING - PERMIT APPLICATION Two
members -were present from the Park Avenue Greenhouse on
Highway #41, requesting permission to build a garage to
house three trucks. Attorney Larson suggested that this
should be referred to the Planning Commission as far as
the zoning is concerned. A motion was made by Councilman
Bennyhoff and seconded by Councilman Klingelhutz that the
permit be .approved. The following voted in favor thereof:
Councilmen Bennyhoff and Councilman Klingelhutz. Councilmen
Hill, and Pearson, and Mayor Coulter voted'.no. Motion-did:.
.not carry. The Council gave the following instructions
to the applicants. The application must be accompanied
by a site plan showing distance from lot lines location of
driveway, nature of access to highway # 41, and attachment
to building. A motion was made by Councilman
Bennyhoff and seconded by Councilman Pearson that the Council
reconsider this at our December 1, 1969, meeting providing
all necessary:- exhibits according to our building code have been
presented. The following voted -in favor thereof; Mayor Coulter,
Councilmen Klingelhutz, Bennyhoff, Pearson, and Hill. No-
negative votes. Motion carried.
TWIN HILLS STABLE Mr. Franco Loris and his attorney were
present explaining his operation at the Twin Hills farm, so
stating th.at.he is not - operating a riding academy,merely a
riding stable. He does have 35 box stalls of which some of
them.he..has rented out. Mayor Coulter asked him if was
aware of Ordinance # 11 and if he has met all the requirements
set forth in the Ordinance. Loris explained he was not aware
of the Ordinance but would be happy to obtain the information
necessary.. -A letter from Allan Burrill written to the Village
was read regarding the leasing and selling of the property
adjacent:to the Loris property. Mr. Loris was informed that he
is in violation of two ordinances, and that he will be put on
the December 1, agenda provided all the required information
has been submitted. It was further agreed by Mr. Loris that
he.will not take in any further horses -or expand his facility,?.
until the permit is granted.
DON STODOLA- REZONING APPLICATION Mr. Don Stodola has made
an application to have his property located in the eastern
part of the Village rezoned to resident district C. A motion
was made by Councilman Bennyhoff and seconded by Councilman
Pearson,that this be referred.to the Planning Commission.
Councilman Bennyhoff withdrew his 1st and Councilman Pearson
COUNCIL MINUTES - November 17, 1969
withdrew -his second. .Motion withdrawn. Councilman Klingelhutz
moved.that upon Planning Commission "acceptance of this plan
a public hearing" date. be seta for December 115 196.9., with-
publication on. 4, 1.969. The.motbn was seconded by
Pearson. The following voted in..favor thereof: Mayor.Coulter,
Councilmen Bennyhoff, Klingelhutz, Pearson, and Hill. No
.negative votes. Motion carried.:.
SALE OF BONDS A.motion was made was made by Mayor Coulter
and seconded.by Councilman Pearson- that"the Chanhassen Village
Council set the date for the sale of the following bonds on
December 29 1969, at 2:00 p.m.
$250,000.00, to provide-funds for the acquisition.and
betterment of parks, approved at the Nov-
ember 4, 1969, election.
50,000.00
1968 -2- -
1968 -3
1968 -1B
Ll-
to provide funds for the acquisition of
fire fighting equipment approval at-the .
November 4, 1969, election.
Well Eastern part of the Village.
Sewer and Water - between highway # 5'
and--railroad property.
Storm Sewer - Western.Hills and adjoining
.;areas.
1969 -2 Sewer and Water,,-.Bank property.and.that
prior to- submitting the : prospectus -.to the bidders, it.bbc..submitted
to the.Council for approval and that all Bond Issues be correlated
with the Treasurer. The following voted in favor thereof: Mayor
Coulter, Councilmen Pearson, Bennyhoff, Hill, and Klingelhutz.
No negative votes. Motion carried.
A motion was made by Councilman-Klingelhutz and seconded by
Councilman.Pearson that the Village take action against the
telephone__.company for the,2_false.alarm fire calls. The following
voted.in favor there Mayor-Coulter.,.-Councilmen Pearson, Klingelhutz,
Hill,.and Bennyhoff - .. No negative votes:. Motion carried.
MA.NTENANCE DEPARTMENT A motion was made by Councilman Hill
and seconded by Councilman Bennyhoff that an addibiemal $15,000.00
be added to the Maintenance Department Budget. The following
voted.in_ favor- thereof: May Coulter, Councilmen Hill, Klingelhutz,
Bennyhoff, and Pearson. No negative votes. Motion carried.
WARRENTS: Councilman Pearson moved the adoption of the following
RESOLUTION: BE IT RESOLVED that the following bills.be paid by
warrents:
350.00 Check It
#777
1968 =2 - .Northern States Power.Company in the.amount of
1968 -2
- Schoell
& Madson
in the amount of 252.30
Check
#778
1968 -2
- - Norman
& Smith in
the amount of 10,000.00
Check
#779
COUNCIL MINUTES _Novembex. 1_7, -.19.69 -5-
1968 -2 - :'Berglund & Johnson in the amount of 6,363.00 Check780
1968 -2 - Russell Larson - in the amount of 15.00 Check # 781
1969 -2.- Sun Newspapers in the amount of 19.50 Check # 782
1968 -1B _ Schoell & Madson in the amount of 2 Check # 783
1968 -1B - Russell Larson in the amount of 20.00 Check # 784
1968 -3 - Midwest Mechanical Services in the amount of 18,597.28
Check # 785
RESOLUTION seconded by Councilman Klingelhutz. The following voted
in favor thereof: Mayor Coulter, Councilmen Klingelhutz, Pearson,
Hill, and Bennyhoff. No negative votes. Motion carried.
INSURANCE.FOR VILLAGE EMPLOYEES A motion was made by Councilman
Hill and seconded by Councilman Pearson that the Village Council
work out a plan that will best suit the employees and also within
the price range the Village can afford. The following voted in
favor thereof: Mayor Coulter, Councilmen Pearson, Klingelhutz,
Bennyhoff, and - Hill. No negative votes. Motion carried. The
Council appointed -Mayor Coulter and.Councilman Hill as a committee
to gather the information and present it to the Council. ,
MINNESOTA NATURAL GAS COMPANY RAISE A motion was made by
Councilman Hill and seconded by Councilman Bennyhoff authorizing
the Mayor to write a letter to the Minnesota Natural Gas Company
objecting to their contemplated-raise to their customers as of
January 1, 1970, without an explanation. The following voted
in favor thereof: Mayor Coulter, Councilmen Klingelhutz, Hill,
Pearson,.and Bennyhoff. No negative votes. Motion carried.
1 967 -4 SEWER AND WATER Don Boll, Schoell and Madson presented
to_the Council a proposal of costs to extend the sewer and water
to Rose Lane, as initial plan indicated and was assessed and to
extend the line to the west boundary line of Sunrise Hills 2nd
Addition as shown.on the original plan. X. was made by
Councilman Hill and seconded by-.Councilman'-Pearson that the Village
recognize its responsibility to extend the water and sewer to
the lots in question and to take bids on the extension as shown on
original plan, and that at the present time extend the water main
to the west boundary line of Sunrise Hills, 2nd Addition stub in
the laterals to.Lot 1, Block 3, Sunrise-Hills 2nd Addition and
that when Mr. Scholer gets ready to develop his lots and put in
the road, the sewer and water will be put in. The following voted
in favor thereof: Mayor Coulter, Councilmen Klingelhutz,Hill,
Pearson, and Bennyhoff. No negative votes. Motion carried.`
HOCKEY RINK - WATER EXTENSION A- motion was made-by Mayor Coulter
and seconded by Councilman Bennyhoff that upon approval of the
Park and Recreation Commission, the following bids be approved
for the extension,.of the line to the Hockey rink; as a
temporary line.
Exterior. Excavation - Widmer Brothers - $375.00
Exterior Line 300' - Stein Plumbing - 210.00 (plastic)
Interior Plumbing - Stein Plumbing - 255.00
and that the project not exceed $850.00. The following voted in
favor thereof: Mayor Coulter, Councilmen Hill, Pearson, Klingelhutz,
and Bennyhoff. No negative votes. Motion carried.
VILLAGE COUNCIL MINUTES - November 17, 1969
FIREMAN -:S RELIEF - ASSOCIATION motion was made by Councilman
Klingelhutz and seconded by. Councilman Bennyhoff_.that:.approval
be given to the Fireman's Relief Association to invest $900.00
in Savings Certificates. The.following voted:in.favor thereof:
Mayor Coulter, Councilman Pearson, Bennyhoff, Klingelhutz,
and Hill. No negative votes.. Motion carried.
MOBILE_,.HOME PARK It was noted -that on November 25, 1969.
at 8:00 p.m. there is a hearing of a Mobile Home Park in
Chas%a. .
HUMAN RIGHTS A motion wa.s.made by.Councilman Klingelhutz
and seconded by Councilman Pearson, appointing Mrs. Hibbert
Hill to the .Human Rights Commission. The following voted in
favor thereof: Mayor Coulter, Councilmen Hill Pearson,
Klingelhutz, Bennyhoff. No negative votes. Motion carried.
A_motion was made,by Councilman Klingelhutz and seconded by
Councilman-Pearson-that the meeting.be adjourned.. Motion
carried. Meeting adjourned.
^ TIME: 11:15
Kay Klingelhutz.
Treasurer- Deputy -Clerk
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Mr. Mayor:
�. Members of the Council:
First of all , I want to st at e, to all c oncerened, that I was not notified
,/of the public hearing held Nov. 17 th,1969 and that is why I did not
attend the meeting, otherwise I certainly would have been here, as this
issue is very important to me.
2nd, I wish to make it perfectly clear that my property in question and
in fact, - all ofcmy property has been surveyed. Now this rumor got around
that it wa.s'nt is a surprise to mek
I had it surveyed bn June 19,1968 and at the same time Mr. Beckman also
had his surveyed. He asked Mr. Arleigh C. Smith,whom I had hired,if hex=x
would survey his too,which Mr. Smith agreed to do,so we were both home
on that day,and we both went around with the surveyors. Our survey marks
are there. I brought along all the necessary papers In this evening,
including the cancelled check for Mr. Smith's services. Anyone here
concerened is welcome to look them over.
Now, when I put up the f enee,I left approximattly six inches outside of
said fence so I could get around there if need be,to make repairs,
I am wondering if Mr. Beckman measured from the survey line 6r the Pence,
if that is the case, he is using part of my property, and I do not app—
rove of that,and I feel he should check again.
3rd, I got my answer these past days,regarding the closing off of Mr.
Beckmans thru road past my house „ except for emergencys. This road has
been in constant use all the time, in fact 16on't believe they have used
1 Alder Drive at all since they reaieved a notice or my demands from the
Clerk of this Village about Nov. 7,1969, so nudging from his recent action
Mr. Beckman will have to prove to me that he ever intends to build a
breeze— way between his house and garage,as this would cut off his thru
road. I can't think of anyone in Carver Beach,who has a road right thru
their property to the other end,it looks very bad. Just think how much.
nicer,,a lawn with grass and shrubs would look.
Now then, as to the distance from qtr. Beokmans pending garage,to my
property line I do not believe anyone here in this room would really
care to have his neighbor put up a building that size right beside
his property line,it devaluates the property and I dont care for it either,
as it will devaluate mine. However,I am willing to go along with five
feet from my property line. I feel that Mr. Beckman has about 38 to 40
feet from his house to the property line . This would allow 5 ft from
the line and 24 ft for the garage and about 8 to 10 ft for a breeze —
wap that he has mentioned which is a big enough breeze —way anyplace.
I feel I am being very fair about this matter.
I believe this is all.
I Thank You.
* *LETTER FROM ERNIE KEEFER