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1971 02 08 ~ I I I PUBLIC HEARING - CHANHASSEN ESTATES 2ND - PRELIMINARY PLAT AND PROPOSED REZONING The Chanhassen Village Council and the Chanhassen Planning Commission met on February 8, 1971, for the above special meeting. The following Council members were present: Mayor Coulter, Councilmen Bennyhoff, Klingelhutz and Wolf. The following Planning Commission members were present: Chairman, John Neveaux, Ward Passe, James Miêlke and A:I!nold Ryba. Mayor Coulter called the Public Hearing to order and turned the meeting over to John Neveaux, Planning Commmssion Chairman, to conduct the Public Hearing. ROBERT MASON, developer, explained the proposed subdivision, stating that the only variances being requested were for Lots 13, 14 and 15, Block 2. Ordinance requires 90 feet wide at the building setback line. Request is for 86 feet. Robert Mason stated that is was his intention to retain Outlots A and B and to dèdicate Outlot C to the Village. VILLAGE ENGINEER-gave the engineering report on the proposed subdivision. ROBERT FORTMAN, owner of Lot 2, Block 1, Chanhassen Estates, stated that he objected to Lots 22 and 23, Block 5, being rezoned for double bungalows. There were no further objections from anyone. John Neveaux stated that the Planning Commission would make their final recommendation on this proposed subdivision on Tuesday, February 9, 1971. At this time the Planning Commission Chairman turned the meeting back over to the Mayor. A motion was made by Councilman Wolf and seconded by Councilman Klingelhutz to adjourn the Public Hearing. The following voted in favor thereof: Mayor Coulter, Councilmen Bennyhoff, Klingelhutz, and Wolf. No negative votes. Motion carried. -------------------------------------------------------------------- CHANHASSEN VILLAGE COUNCIL MINUTES - February 8, 1971 The regular Chanhassen Village Council meeting on February 8, 1971, was opened with the Pledge to the Flag. The following members were present: Mayor Coulter, Councilmen Bennyhoff, Klingelhutz and Wolf. Councilwoman Neils was absent. CHANHASSEN VILLAGE COUNCIL MINUTES - February 8, 1971 -2- COUNCIL MINUTES: A motion was made by Councilman Klingelhutz and seconded by Councilman Bennyhoff to approve the Council Minutes of January 11, 1971, January 25, 1971 and January 29, 1971. The following voted in favor thereof: Mayor Coulter, Councilmen Bennyhoff, Klingelhutz and Wolf. No negative votes. Motion carried. PARK AND RECREATION MINUTES: A motion was made by Councilman Bennyhoff and seconded by Councilman Wolf that the Park and Recreation Commission Minutes of January 26, 1971, be noted and read. The Minutes should reflect that under Lake Ann, Line 3, the "$11,000. should bead $1,000.". The following voted in favor thereof: Mayor Coulter, Councilmen Bennyhoff, Klingelhutz and Wolf. No negative votes. Motion carried. PLANNING COMMISSION MINUTES: A motion was made by Councilman Klingelhutz and seconded by Councilman Bennyhoff that the Planning Commission Minutes of January 26, 1971, be noted and read. The following voted in favor thereof: Mayor Coulter, Councilmen Bennyhoff, Klingelhutz and Wolf. No negative votes. Motion carried. CHANHASSEN ESTATES 2ND: A motion was made by Councilman Klingelhutz and seconded by Councilman Wolf that the Council will take final action on the proposed preliminary plat and rezoning of Chanhassen Estates 2nd Addition on February 22, 1971, at 8:30 p.m. The following voted in favor thereof: Mayor Coulter, Councilmen Bennyhoff, Klingelhutz and Wolf. No negative votes. Motion carried. FRONTIER - ORDINANCE #36-A - VARIANCE REQUEST: A request from Frontier for a portable sign, to be used one day (February 12, 1971) was discussed by the Council. Mayor Coulter requested that the Planning Commission members present, retire to the other room, discuss this variance request and return with a recommendation to the Council. FIRE TRUCK BIDS: Fire Chief Gerald Schlenk and Captain Frank Bjornson were present requesting that the Village Council reject all bids in order that the specifications can be rewritten because of new developments since the original specifications were written. A motion was made by Councilman Bennyhoff and seconded by Councilman Klingelhutz to reject all Fire Truck Bids. The following voted in favor thereof: Mayor Coulter, Councilmen Bennyhoff, Klingelhutz and Wolf. No negative votes. Motion carried. .., I j I I I 4 ~ I CHANHASSEN VILLAGE COUNCIL MINUTES - February 8, 1971 -3- 24 UNIT APARTMENT - BUILDING PERMIT APPLICATION: A motion was made by Councilman Bennyhoff and seconded by Councilman Kling- elhutz to give preliminary approval to the plans that were submitted by Dorn Builders. On or before completion, a fence on the east property line must be constructed as per proposed R-4 District in the Zoning Ordinance. The following voted in favor thereof: Mayor Coulter, Councilmen Bennyhoff, Klingelhutz, and Wolf. No ~egative votes. Motion carried. FRONTIER - ORDINANCE- #36-A - VARIANCE REQUEST: The Chairman of the Planning Commission, John Neveaux, gave the following recommendation: The Planning Commission cannot recommend that a variance be granted for a portable sign. Section 3.14, Ordinance #36, states "no portable signs shall be permitted~. The variance request would be clearly against the spirit and intent of the Ordinance. A directional sign of £our square feet would be allowed. I Ordinance #36-A, Section 5.07, gives a number of reasons upon which bhe Council may grant a variance. This request does not fall under any of the listed conditions. Councilman Wolf moved that the variance request for a portabThe sign not be granted. Motion died for lack of a second. A motion was made by Councilman Bennyhoff and seconded by Councilman Klingelhutz to approve the request for a variance for a portable sign for one day, Febrtlary 12, 1971. The following voted in favor thereof: Mayor Coulter, Councilmen Bennyhoff and Klingelhutz. Councilman Wolf voted no. Motion defeated. Note; Ordinance #36-A requires that any variance shall receive an affirmative vote of at least 4/5ths of the full Council. MAYOR COULTER: "I feel that we have just slapped the hands of öne of our largest taxpayers." COUNCILMAN KLINGELHUTZ: Stated that he agreed with Mayor Coulter. COUNCILMAN BENNYHOFF: Stated that he did not feel that this was the original intent of the Sign Ordinance. I SCHIMMELPFENNIG - TRAILER HOUSE: A motion was made by Councilman Bennyhoff and seconded by Councilman Klingelhutz to grant an extension until March 15, 1971, to Mr. Schimmelpfennig to live in his trailer house plus an additional 30 days before the trailer house must be moved off the property. 1 CHANHASSEN VILLAGE COUNCIL MINUTES - February 8, 1971 -4- I SCHIMMELPFENNIG - TRAILER HOUSE (contd): The following voted in favor thereof: Mayor Coulter, Councilmen Bennyhoff, Kling- elhutz and Wolf. No negative votes. Motion carried. SCHIMMELPFENNIG - CONDITIONAL USE PERMIT: A motion was made by Councilman Bennyhoff and seconded by Councilman Wolf to set the date for a Public Hearing on the request for a Conditional Use Permit for March~15, 1971, at 7:30 p.m. The following voted in favor thereof: Mayor Coulter, Councilmen Bennyhoff, Klingelhutz and Wolf. No negative votes. Motion carried. The Conditional Use Permit being requested is for storage of Mr. Schimmelpfennig's excavating equipment. Mr. Schimmelpfennig stated that he concurred and was requesting the Public Hearing. ANNUAL REPORT: The Village Treasurer gave a detailed report on the 1970 receipts and expenditures. POLICE: Acting Chief Wallin was present to give the Council the monthly report. Mayor Coulter stated that it was a good report. II SOLID WASTE ORDINANCE: There was a general discussion on the proposed Solid Waste Ordinance. It was decided that at 9:00 p.m. on February 22, 1971, that the Council would have a Public Information Discussion on this Ordinance. A motion was made by Councilman Bennyhoff and seconded by Council- man Wolf to adjourn. The following voted in favor thereof: Mayor Coulter, Councilmen Bennyhoff, Klingelhutz and Wolf. No negative votes. Motion carried. TIME: 10:25 p.m. ~ Adolph Tessness ~ Clerk-Administrator I 4