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1970 06 01 ~ I I I ~ CHANHASSEN VILLAGE COUNCIL MINUTES - June 1, 1970 ~he Regular Chanhassen Village Council Meeting was opened by Acting Mayor Klingelhutz at 8:00 p.m. in the Chanhassen Village Hall. The following members were present: Councilmen Bennyhoff, Klingelhutz and Pearson. Mayor Coulter arrived at 8:30 p.m. Acting Mayor Klingelhutz stated all formalities would be dispensed with until Mayor Coulter was present. DOG PROBLEM: Mr. Mel Pittel was present to explain his point of view on the case that is pending at this time, in Municipal Court, concerning his dogs. The Village Attorney explained, to the Council, what has been done to this date. DRUG ABUSE: Cathy Bock gave a repor~ to the Council, on a number of seminars that she has attended. In her opinion, there are a number of things the Village could start that would lessen the possibility of a drug problem, by working with teenagers in finding jobs for them and involving them in future projects. At this time Mayor Coulter arrived. COUNCILMAN HILL'S RESIGNATION: The Mayor read a letter from Councilman Hill, resigning as of May 25,1970, due to health reasons. COUNCIL MINUTES: A motion was made by Councilman Klingelhutz and seconded by Councilman Bennyhoff to approve the Council mirtutes of May 18, 1970, and May 25, 1970. The following voted in favor thereof: Mayor Coulter, Councilmen, Bennyhoff, Klingelhutz and Pearson. No negative votes. Motion carried. PARK AND RECREATION COMMISSION MINUTES: A motion was made by Councilman Pearson and seconded by Councilman Klingelhutz that the May 19, 1970, Park and Recreation Commission Minutes be noted and read. The following voted in favor thereof: Mayor Coulter, Councilmen Bennyhoff, Klingelhutz and Pearson. No negative votes. Motion carried. PLANNING COMMISSION MINUTES: A motion was made by Councilman Pearson and seèonded by Councilman Bennyhoff May 12, 1970, Planning Commission Minutes be noted and read. The following voted in favor thereof: Mayor Coulter, Councilmen Bennyhoff, Klingelhutz and Pearson. No negative votes. Motion carried. CHANHASSEN HORSE OWNERS ASSOCIATION MINUTES: A motion was made by Councilman Klingelhuti-andseconded by Councilman Pearson that the May 12, 1970, Chanhassen Horse Owners Association Minutes be noted and read. The following voted in favor thereof: Mayor Coulter, Councilmen Bennyhoff, Klingelhutz and Pearson. No negative votes. Motion carried. " CHANHASSEN VILLAGE COUNCIL MINUTES - June 1, 1970 -2- LAKE RILEY: The Administrator read a letter from the Village I Engineer dated May 28, 1970, that explained the ramifications of damming up Rice Marsh Lake. Mayor Coulter read the following statement: Before any expenditures can be made, it must be approved by the Village Attorney first, then by the Engineer, that we are responsible and the degree of responsibility. The Village of Chanhassen has worked very hard to remove the flow into Riley Lake. At last it has become a reality. We will see our dream come true in this year. Tests are being made of the flow from Rice Marsh Lake to Riley Lake. The test which we expect to have at this meeting will tell us much. We do not know the degree, if any, of the pollution of Riley Lake by the Chanhassen Plant. We are well aware of what causes this pollution and know that a certain amount is being caused by the people around the lake. Both on the Chanhassen side and the Eden Prairie side, the degree is a mystery~ After the tests are made, if we are the real cause of the pollution, I will work very hard to try and get some money to help you. This is all I can do. We must remember that not only those of us who are connected I on the system are responsible. The entire Village Council and our Planning Commission has never recommeded the curtailment of building permits in the area served by the sanitary sewer. If we are polluting Riley Lake, the entire Council must accept this responsibility for this reason. ROBERT LINDAHL: Robert Lindahl stated that the Conservation Department reported that Lake Riley would require three treatments of copper sulfate, costing $450.00 each time for a total of $1350.00. He further felt the Village of Chanhassen had an obligation because of the effluents flowing from the treatment plants into Lake Riley. He further requested that the Village Council appear before the Metropolitan Sewer Board on behalf of the Riley Lake Home Owners Association. It was the opinion of the Council that the Village could not spend public funds for this type of project. A copy of these minutes and a copy of the letter from the Village Engineer will be sent to Mrs. King, Secretary for the Lake Riley Home Owners Association, by the Administrator. MOLINE REZONING: Mayor Coulter read the An application has been made by a willing buyer, to purchase this property rezoned to Multiple Residence District. I have come to the following conclusion. following statement: willing seller and a if and only if this is After much consideration, I r' I I I CHANHASSEN VILLAGECOUNCILhMINUTES-June 1, 1970 -3- Regardless of how you look at it, this is a case of Spot Zoning. Definition may vary but when l2 acres are taken out of a much larger area that is zoned for single family dwellings and asked to be rezoned for multiple dwellings, this is Spot Zoning. Many of the local residents, who I have talked with, do not wish this rezoned. They would like it to stay single residence dwellings. Their reasons are all valid. They do not want to see changes in the area. The Administrator calls our attention to the fact that Mr. Paramore has his house for sale. This just indicates he is concerned about what this project, if it is approved, will do to the value of his property and the property next to it. I would do the same thing if I were in his place. The road problem can be and will be conquered. A traffic study, now being made, will have many answers and solutions. Is this the beginning of spot Zoning in our area? Where next, Sunrise Hills, Chanhassen Estates or next to me or you members of the Council and the Planning Commission. Is our attitude, that we are to far away for us to be concerned? If this is passed, we may be plagued with many such requests. If we approve this, can we turn the others down? I say no, the door is open. I have been asked the question many times, why did only a small number of the planners show at the Village Public Hearing? It has been said and I believe there was a difference in the public opinion at each hearing. I know, I attended both and came away with a different opinion. As this question come before us tonight, we must ask this question. If I lived near this proposed project, how would I vote? Maybe we should listen to the younger people. They are giving us a message. Do we shut the door on what we hear from them? The tax income has been mentioned. Right now the income looks good. I hope and am working for a tax to replace the property tax. This will and can be done when the people demand it. As I write this report, I have no written report from the Planning Commission, other than minutes, the Park and Recreation Commission, other than their minutes, the Village Enginner or the Professional Planner. If this is approved, the building permit would have to be issued by us or some other Council members. Mr. and Mrs. Kerber would have to gamble on approval, by the Council, of their plans, at that time. Things could change by that time but, it is too big a gamble for me to take. The Council is charged with protecting the rights of people in the Village, not just a few but, what is good for all people in the Village. COUNCILMAN PEARSON: I am basically for this proposal. The proposed maximum of 200 units would be excessive but, I feel that a maximum of approximately 80 units would be acceptable. COUNCILMAN KLINGELHUTZ: I was out to the site on Saturday, May 23, 1970, ~nd look~d it over and also discussed this with the people in the area. I feel that with a stipulation that there not be more than 90 units, the people would not object to the rezoning. CHANHASSEN VILLAGE COUNCIL MINUTES - June 1, 1970 -4- MAYOR COULTER: If the purchaser is willing to gamble on the decision" ofa future Council, I would be willing to go along with this proposal, if there was a stipulation included for a maximum of 90 units. COUNCILMAN BEN~YHOFF: The Metopolitan Council referral on our guide plan, suggested this type of development. Also, this area is separated by two roads and a natural low area to the east which keeps it quite separate from the surrounding single family area. It seemed to me that the major concern was traffic and last week when the Oakmont Public Hearing was held, which will produce a much higher volume of traffic, there was no objection. That area is only ~ mile south on the same highway. I feel that the plan presented was well designed and thought out and I would be for this proposal with a stipulation of maximum number of units. MRS. HENRY MOLINE: I want to thank the Council for the consideration they have given us and the wise judgement they have used. A motion was made by Councilman Pearson and seconded by Councilman Bennyhoff the rezoning of the following property: Beg. 330 ft. N. of the SW. cor. of NE~ of Sec. 3-116-23; tho run. N. 990 ft; tho N. 44~*E. 433.~ feet¡ tho S. 43* E. 436.6/10 ft¡ tho S. 820.8/10 ft¡ tho N. 68*W. 110 ft¡ tho S. 63* W. 495 ft. to pl. of beg. cont. 13 acres, more or less, excepting therefrom a parcel of land described as follows, to wit; Com. at the SW. cor. of W~ of NE~ of Sec. 3- 166-23¡ tho N. 5.00 chs. to pt. of beg.¡ tho N. 63* E. 5.12.1/2 chs. tho S. 72* W. 5.75 chs.; tho S. 1.032 chs. to pl. of beg. cont. 28/100 acres. Also the following described piece of land, to-wit; Com. at the SW. cor. of NE~ of Sec. 3-116-23¡ tho N. 5.00 chs.¡ tho N. 63* E. 6.l2.l/2 chs. to pl. of commencement¡ tho N. 63* E. 1.40 chs.; tho S. 72* E. 1.77 chs.; tho W~ 2.80 chs. to pl. of beg. cont. 1/10 acre of land, more or less, sit. on SW~ of NE~ of Sec. 3-116-23. to Residence District "C", with the stipulation that the maximum number of units allowed be 87. The Village Attorney will draw up a development contract that this rezoning comply with the proposed P-l District. The following voted in favor thereof: Mayor Coulter, Councilmen Bennyhoff, Klingelhutz and Pearson. No negative votes. Motion carried. The minutes should reflect the following statements by: ~ I I I 4 ~ I I I CHANHASSEN VILLAGECOUNCILMINU~ES -:" June 1, ],970 -5- COUNCILMAN BENNYHOFF: stated that any future plan that would be presented for this property be layed out and designed by a landscape architect. COUNCILMAN KLINGELHUTZ: No building in this proposal should exceed three stories. MAYOR COULTER: I agree with Councilman Klingelhutz's statement. BLUE JAY STREET: There was a general discussio~ by the Council, on the different proposals for improving Blue Jay street with a general decision by the Council, that any street to be improved by the Village should be improved to meet Village standards. The general feeling of the Council was, the people living on Blue Jay Street desired only a minimum of work to be done, by the Village, at this time, so that the Village would accept the maintenance of this street. A motion was made by Councilman Bennyhoff and seconded by Councilman Pearson to table any action o~ this project until further request.. by the parties involved. The following voted in favor thereof: Mayor Coulter, Councilman Bennyhoff, Klingelhutz and Pearson. No negative votes. Motion carried. TWIN HILLS: The Village Attorney explained to the Council, the area of land that was to be dedicated as road right of way. Also, there was a stipulation in the Strong and Schimmelpfennig Easement which read as follows: It is agreed that as a part of the consideration for the grant of easement herein no assessment for road improvement on or adjacent to the lands herein conveyed shall be levied against the remainder of said Northeast Quarter of the Northwest Quarter of Section 2, Township 116, Range 23. The Village Attorney does not feel that this would be an acceptable condition in granting the easement. A motion was made by Councilman Pearson and seconded by Councilman Klingelhutz that the Village not accept the indenture of the easement from Strong and Schimmelpfennig because of the conditions in granting said easement. The following voted in favor thereof: Mayor Coulter, Councilman Bennyhoff, Klingelhutz and pearsc:i~. ~t) negative votes. Motion carried. ASSUMPTION SEMINARY: A motion was made by Councilman Klingelhutz and seconded by Councilman Pearson to grant a nonintQxicating malt liquor License, to Assumption Seminary, for June 12, 13 and 14, 1970. Fee exempt. The following voted in favor thereof: Mayor Coulter, Councilmen Bennyhoff, Klingelhutz and Pearson. No negative votes. Motion carried. ;" ~ CHANHASSEN VILLAGE COUNCIL M.INUTES- June 1, 1970 -6- ENVIRONMENTAL: The Mayor informed the Council that he had I been discussing, with other Villages, the possibility of an Ordinance which in general terms would require replacing any tree that had been cut down or taken out. After some discussion, it was the feeling of the Council that this proposal should be considered by the Park and Recreation Commission. HIGHWAYS: A motion was made by Councilman Klingelhutz and seconded by Councilman Pearson to request that a right turn lane be made on Highway 5 at the Junction of Highway 5 and 117. The following voted in favor thereof: Mayor Coulter, Councilmen Bennyhoff, Klingelhutz and Pearson. No negative votes. Motion carried. ORDINANCE #36: The Council discussed Ordinance #36 with relationship to a section that should be added, relating to variances. A motion was made by Councilman Klingelhutz and seconded by Councilman Pearson to Amend Ordinance #36, Sign Ordinance, to include the following Section: Section 5.07. Variance. The Village Council may grant a variance from the requirements of this Ordinance as to specific I signs where it is shown that by reason of topography or other conditions strict compliance with the requirements of this Ordinance would cause a hardship: provided, that a variance may be granted only if the variance does not adversely affect the spirit or intent of this Ordinance. Written application for a variance shall be filed with the Village Clerk, and shall state fully all facts relied upon by the applicant. The application shall be supplemented with maps, plans or other data which may aid in an analysis of the matter. The application shall be referred to the Planning Commission for its recommendation and report to the Village Council. No variance shall be granted by the Village Council unless it shall have received the affirmative vote of at least 4/5ths of the full Council. The following votes were cast: Mayor Coulter - aye, Councilman Klingelhutz - aye, Councilman Pearson - aye, Councilman Bennyhoff - no. Motion carried. METROPOLITAN SEWER BOARD: A motion was made by Councilman Klingelhutz and second~d by Councilman Pearson that the Mayor and the Clerk be authorized to sign the agreement executing the Deed for the sewer plant site and to enter into a contract for operation of said sewer plant. . The following voted in favor I thereof: Mayor Coulter, Councilmen Bennyhoff, Klingelhutz and Pearson. No negative votes. Motion carried. r CHANHASSEN VILLAGE. COUNCIL MINUTES - Ju.ne 1,1970 -7- I ALDRITT: The Village Attorney informed the Council of the status of this case, at this time. MAINTENANCE DEPARTMENT: A motion was made by Councilman Bennyhoff-and seconded by Councilman Klingelhutz to approve the report, submitted by the Maintenance Commit1leel on the seal coating and chips project on Lake Lucy Road and Lyman Boulevard east of Highway 101 and the Lake Riley Boulevard east of the junction of Lyman Boulevard to the Hennepin County line. The following voted in favor thereof: Mayor Coulter, Councilmen Bennyhoff, Klingelhutzand Pearson. No negative votes. Motion carried. EQUIPMENT: A motion was made by Councilman Bennyhoff and seconded by Councilman Klingelhutz to purchase a 12 horsepower, Wheel Horse tractor, with a 42 inch mower attachment, a 40 inch snow blower attachment, chains and wheel weights. The tractor to have hydrostatic drive, posi-traction, Kohler Engine, solid state ignition and a 42 amp battery, in the amount of $1,075.20. The following voted in favor thereof: Mayor Coulter, Councilmen Bennyhoff, Klingelhutz and Pearson. No negative votes. Motion carried. I UTILITY DEPARTMENT: A motion was made by Councilman Bennyhoff and seconded by Councilman Klingelhutz to approve the bid by Sullivan Septic Service, Inc., in the amount of $800.00, for the sewer extension to the Bongard Implemept Company. The following voted in favor thereof: Mayor Coulter, Councilmen Bennyhoff, Klingelhutz and Pearson. No negative votes. Motion carried. ZONING ORDINANCE: A motion was made by Councilman Klingelhutz and seconded by Councilman Bennyhoff that the Planning Commission hold the preliminary Public Hearings on the proposed new Zoning Ordinance, with the Village Council to hold the final Public Hearing after the Planning Commission has referred its final recommendations to the Village Council and the Village Attorney, and the Attorney has put the proposed Zoning Ordinance in final form. The following voted in favor thereof: Mayor Coulter, Councilmen Bennyhoff, Klingelhutz and Pearson. No negative votes. Motion carried. A motion was made by Councilman Bennyhoff and seconded by Councilman Pearson to adjourn. The following voted in favor thereof: Mayor Coulter, Councilmen Bennyhoff, Klingelhutz and Pearson. No negative votes. Motion carried. TIME: l2: lS I Adolph Tessness ./ Clerk-Administrator~