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1970 08 03 ~ I I I C~NHASSEN V1LLAGE COUNCIL MINUTES M August 3, 1970 The regular Chanhassen Village Council meeting on August 3, 1970, at 7:00 p.m. was opened with the Pledge to the Flag. The following members were present: Mayor Coulter, Councilmen Bennyhoff, Neils, and Pearson. Councilman Klingelhutz was absent. COUNCIL MINUTES: A motion was made by Councilman Pearson and seconded by Councilman Neils to approve the Council Minutes of July 21, 1970, and July 27~,1970, by adding to the July 27, 1970, Minutes the following: ROSE LANE: The Police Department again brought up the problem of traffic and nuisance prQblems on Rose Lane. Councilman Neils was instructed to inform the Christmas Lake Association of this problem and request that they meet as an organization to discuss the Rose Lane problem. Then they should submit their specific recommendations for action they would like to Council to take on this problem. The following voted in favor thereof: Mayor Coulter, Councilmen Neils and Pearson. Councilman Bennyhoff abstained because he was not present at the July 27, 1970, meeting. Motion carried. JURGEN JOH~SON - CARVER BEACH ROAD: The Village Attorney gave a report on the court order of October, 1944, vacating some lands and roads in Carver Beach. He stated that he felt that the Village should proceed to remove the cloud on these land titles caused by the probable vacating of some roads. Councilman Bennyhoff, of the Maintenance Committee, gave a report on the maintenance standards of the road in front of Mr. Johnson's property (Elm Road). He stated that to the best of his knowledge and the Village Superin~endent, this road has never been maintained by the Village. Dick Lyman was present and confirmed this statement. It was the recommendation of the Maintenance Committee that if this road was to be upgraded and the general maintenance taken over by the Village, the abutting property owners should pay the costs. There was general agreement by the Council. A motion was made by Councilman Bennyhoff and seconded by Councilman Pearson to authorize the Village Attorney to proceed with removing the possible cloud on the titles of these properties, raised by the vacating of Dogwood, Elm, Forest, Hawthorne and Ivy, east of Highland Drive on Carver Beach plat approved July 11, 1927. The following voted in favor thereof: Mayor Coulter, Councilman Bennyhoff, Neils and Pearson. No negative votes. Motion carried. BUILDING PERMIT {Lot #15, Block 3, 'Sunrise Hills 2nd): Present was Mr. Barac, contractor for the home being constructed on Lot 15, Block 3, Sunrise Hills 2nd. Also present were the owners of the property adjacent, on the north side, Mr. & Mrs. Harold Kerber. The Administrator informed the Council that the construction was halted Monday, August 3, 1970, until the Council could discuss the location of this house being constructed within llfeet of the property line. l CHANHASSEN VILLAGE COUNCIL MINUTES - August 3, 1970 -2- BUILDING PERMIT (continued): Mr. Kerber felt that the house I should not be located closer than 20 feet. Councilman Bennyhoff stated that he felt that a precedent had been set since the merger, that in areas in the Old Village, that 10 feet had been used as a criteria for a side yard set back. Also, the proposed Ordinance which has been submitted to the Village Attorney for final draft is 10 feet. The Mayor polled the individual Councilmen for their feelings. ANNE NEILS: I feel sorry that this has happened but, I do not feel that it is something the Village can resolve. Mr. Kerber should try to meet with the prospective owner and see it this problem can be resolved. COUNCILMAN BENNYHOFF: I have already stated my feelings on this. MAYOR COULTER: I feel there was poor communication between the developer-and Mr. and Mrs, Kerber. If all would have known how this house was being placed on the lot, prior to construction, I am sure that this problem would not have resulted. COUNCILMAN PEARSON: I don't see how we can regulate the placing of a home, on a lot, if it meets the set back requirements. I ~ MAYOR COULTER: The Mayor stated that he hoped that Mr. Kerber would understand that there is nothing that the Village can officially do. We understand his problem and are sorry that this happened. 70-4 (PARK SITE GRADING~ The following bids were submitted: Ray Latterner & Ray Brenden Ver-Lynn Construction, Inc. Ray Fillbrandt & Son, Inc. Bill Wear Excavating Co. Metro Contracting, Inc. Orvedahl Construction, Inc. $ 4,973.00 7,163.10 7,330.00 7,636.00 9,455.50 17,130.00 A motion was made by Councilman Bennyhoff and seconded by Councilman Pearson to approve the low bid of Ray Latterner & Ray Brenden in the amount of $4,973.00 and authorize the Mayor and the Clerk to sign the contract in the said amount. The following voted in favor thereof: Mayor Coulter, Councilman Bennyhoff, Neils and Pearson. No negative votes. Motion carried. There was a general discussion on the cost apportionment on the three park sites. The Park and Recreation Commission's main concern was how long the site west of the Village Hall would be used for park purposes. A final decision will be made on what funds will be used for the project at a later date. I ~ I I I CHAl'lHASSEN V~Î4:r..A.GE co~mc;c~ M~NQ¡'ES~!\~9'"ßt. 3, :l,97Q 1""!3.... PARK AND RECREATION (LAWCON APPLICATION): A motion was made by Councilman Bennyhoff and seconded by Councilman Neils that Robert Reichert be appointed to appraise the Welter Property. The following voted in favor thereof: Councilmen Bennyhoff, Neils and Pearson. Mayor Coulter voted no and stated that he felt that Robert Scholer should have been appointed. Motion carried. The Village Attorney explained, to the Council, the Trust Agreement on the Welter Property. ELECTION JUDGES: A motion was made by Councilman Bennyhoff and seconded by Councilman Pearson to approve the following names for election judges: EAST PRECINCT JUDGES - 7 a.m. to 8 p.m. GOP Mrs. Robert C. Howard Mrs. Ted deLancey Mrs. Dean Degler Mrs. Albert Barnacle DFL Mrs. Ronald Roeser Mrs. Loretta DeVaan * Mrs. Robert Meuwissen Mrs. Betty Manteuffel ALTERNATES GOP Mrs. Donald Zinn DFL Frances Amrhein JUDGES - 8 p.m. UNTIL BALLOTS ARE COUNTED GOP Mrs. Dean Wetzel * Mrs. Howard Meuwissen Mr. David Wilson Mrs. Armand Evans DFL Mrs. Ralph Furman Mrs. Lorraiœ Peshek Mrs. Darlene Huseth Mrs. Phyllis Beckstrom .,. ALTERNATES GOP Mr. Robert Scholer DFL Mrs. Gayle Wolff Mrs. Denis Stedman * Denotes Chairman WEST PRECINCT JUDGES - 7 a.m. to 8 p.m. GOP Mrs. Stanley Guth Mrs. Robert Lembke Mrs. Bernard Schnurr DFL Mrs. Marcella Wanninger * Mrs. Arnold Hed Mrs. Ronald Lano .- ...-- ,....-.1.;;;.;..- ~ CHANHASSEN VILLAGE COUNCIL MINUTES - August 3, 1970 -4- WEST PRECINCT ~ ELECTION JUDGES: (continued) ALTERNATES GOP Mrs. Robert Hogue Mrs. Gary Reed Mrs. Cyrus E. Field DFL Mrs. Wayne Kelm Cliff Van Rickley JUDGES - 8 p.m.. UNTIL BALLOTS ARE COUNTED GOP Mrs. Richard Comer Mrs. William Hillier Reverend Max Hayden DFL Mrs. Florence Raser Mr. Edward Worm Mrs. Janet Gilbert * * Denotes Chairman The following voted in favor thereof: Mayor Coulter, Councilmen Bennyhoff, Neils and Pearson. No negative votes. Motion carried. BI-ANNUAL ELECTIONS: The Village Attorney explained, in detail, the unique ramifications ôf the Minnesota State Statute 412.022. I After lengthy discussion, it was decided that the Village Attorney should research this problem further. OAKMONT: There was a general discussion of the proposed agreement on the Oakmont rezoning. A motion was made by Councilman Bennyhoff and seconded by Councilman Neils that this agreement be referred to the Park and Recreation Commission for their study, with the recommendation that it be forwarded back to the Village Council as soon as possible. The following voted in favor thereof: Mayor Coulter, Councilmen Bennyhoff, Neils and Pearson. No negative votes. Motion carried. PROJECTS 70-2 and 70-3: A motion was made by Councilman Bennyhoff and seconded by Councilman Pearson to approve the contract and authorize the Mayor and the Clerk to sign said contract. The following voted in favor thereof: Mayor Coulter, Councilmen Bennyhoff, Neils and Pearson. No negative votes. Motion carried. PROJECTS 68-1B and 68-3 and 69-2: A motion was made by Councilman Neils and seconded by Councilman Bennyhoff to set the date for the Public Hearing for August 24, 1970, and authorize the village Administrator to publish such legal notices as necessary. The following voted in favor thereof: Mayor Coulter, Councilmen Bennyhoff, Neils and Pearson. No negative votes. Motion carried. I - ~ r'" I I I CM.~H'A.SSAN V;¡;~~1\GE CGUNCJ;~ M;I;NUr;l::ES. ~ A~ç¡Jq~t,3,. ;1,970 . \'5\' PERSONNEL POLICY: A motion was made by Councilman Bennyhoff and seconded by Councilman Neils to amend the Personnel Policy as follows: Section 3. Recruitment. All appointments in the municipal service shall be made according to merit and fitness. Relatives of officials or employees of the Village, of closer degree than first cousins, are not eligible for appointment. EXCEPTION. Unless the person has been employed by the Village prior to the time of the election. The following voted in favor thereof: Mayor Coulter, Councilmen Bennyhoff, Neils and Pearson. No negative votes. Motion carried. PARK AND RECREATION: The Mayor would like the minutes to reflect that he has talked to a number of people in Carver Beach and they are extremely pleased with the work that the Park and Recreation Commission has done on the Beach property. A motion was made by Councilman Bennyhoff and seconded by Councilman Pearson to adjourn. The following voted in favor thereof: Mayor Coulter, Councilmen Bennyhoff, Neils and Pearson. No negative votes. Motion carried. TIME: Adolph Clerk- 10,03 PO' Tessness Administrator