1971 02 22
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CHANHASSEN VILLAGE COUNCIL MINUTES - February 22, 1971
The special Chanhassen Village Council meeting on February 22, 1971,
was opened with the Pledge to the Flag. The following members
were present: Mayor Coulter, Councilmen Bennyhoff, Klingelhutz,
Neils and Wolf. .
COUNCIL MINUTES: A motion was made by Councilman Klingelhutz and
seconded by Councilman Bennyhoff that the Council Minutes of
February 8, 1971, be approved with the following amendment: Under
24 UNIT APARTMENT - BUILDING PERMIT APPLICATION: A notation
concerning fence was not necessarily meant to be a fence in the
strict interpretation, but may be hedge, trees, or etc. to block
the view between the parking and the property line to the east.
The following voted in favor thereof: Mayor Coulter, Councilmen
Bennyhoff, Klingelhutz, Neils and Wolf. No negative votes.
Motion carried.
PARK AND RECREATION COMMISSION MINUTES: A motion was made by
Councilman Bennyhoff and seconded by Councilman Neils that the
Park and Recreation Commission Minutes of February 2, 1971,
and February 16, 1971, be noted and read. The following voted
in favor thereof: Mayor Coulter, Councilmen Bennyhoff, Klingelhutz,
Neils 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 February 9, 1971, be noted and read. The
following voted in favor thereof: Mayor Coulter, Councilmen
Bennyhoff, Klingelhutz, Neils and Wolf. No negative votes. Motion
carried.
YOUTH ADVISORY COMMITTEE MINUTES: A motion was made by Council-
man Bennyhoff and seconded by Councilman Neils that the Youth
Advisory Committee Minutes of January 27, 1971, be noted and
read. The following voted in favor thereof: Mayor Coulter,
Councilmen Bennyhoff, Klingelhutz, Neils and Wolf. No negative
votes. Motion carried.
BILLS: A motion was made by Councilman Bennyhoff and seconded by
Councilman Klingelhutz to approve the bills as submitted. The
following voted in favor thereof: Mayor Coulter, Councilmen
Bennyhoff, Klingelhutz, Neils and Wolf. No negative votes. Motion
carried.
WARRANT: Councilman Bennyhoff moved the adoption of the
following resolution: BE IT RESOLVED, that the following
bill be paid in a warrant:
SINKING FUND: 1st Nat'l Bank of St. Paul -- Rark &
Rec. & Fire Dept. Bond, in the amount of $18,651.51,
Check #216.
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CHANHASSEN VILLAGE COUNCIL MINUTES - February 22, 1971 -2-
WARRANT (contd): RESOLUTION SECONDED BY Councilman Wolf. I
The following voted in favor thereof: Mayor Coulter,
Councilmen Bennyhoff, Klingelhutz, Neils and Wolf. No
negative votes. Motion carried.
ANNUAL REPORT: A motion was made by Councilman Klingelhutz and
seconded by Councilman Bennyhoff to approve the Annual Report
and authorize the publishing of a summarized statement. The
following voted in favor thereof: Mayor Coulter, Councilmen
Bennyhoff, Klingelhutz, Neils and Wolf. No negative votes.
Motion carried.
PLANNING COMMISSION: A motion was made by Councilman Neils and
seconded by Councilman Bennyhoff to accept Dean Scheff's resig-
nation,with regret, from the Planning Commission. The following
voted in favor thereof: Mayor Coulter, Councilmen Bennyhoff,
Klingelhutz, Neils and Wolf. No negative votes. Motion carried.
BONGARD (PROJECT 68-lB STORM SEWER): Harry Bongard and William
Bongard were present to object to the assessment that was placed
against the William Bongard property for the storm sewer. They
stated that they were not against the storm sewer or a normal
assessment but, that they felt that the $1,600.00 assessment was
an unusually high assessment.
A motion was made by Councilman Bennyhoff and seconded by
Councilman Wolf to table any action on this request until the
next meeting,in order to gather more information. The following
voted in favor thereof: Mayor Coulter, Councilmen Bennyhoff,
Klingelhutz, Neils and Wolf. No negative votes. Motion carried.
DALE GREEN COMPANY: A motion was made by Councilman Bennyhoff
and seconded by Councilman Klingelhutz to set the date fur a
Public Hearing for March 22, 1971, at 7:30 p.m. for a "Conditional
Use Permit" for the Dale Green Company property (formerly Roy
KeIrn property). The following voted in favor thereof: Mayor
Coulter, Councilmen Bennyhoff, Klingelhutz, Neils and Wolf. No
negative votes. Motion carried.
UTILITY DEPARTMENT: A motion was made by Mayor Coulter and seconded
by Councilman Klingelhutz to authorize the Utility Department to
purchase a new sewer rodder if it would be included in the Utility
Department Budget. The following voted in favor thereof: Mayor
Coulter, Councilmen Bennyhoff, Klingelhutz, Neils and Wolf. No
negative votes. Motion carried.
CHANHASSEN ESTATES 2nd ADDITION: A motion was made by Councilman
Klingelhutz and seconded by Councilman Bennyhoff to approve the
preliminary plat as presented and the rezoning as follows:
Lots 8 thru 13, Block 4, to be rezoned "District B" and conform
to the proposed R-2, Multiple Residence Districts. To approve
the variance for Lots 13, 14 and 15, Block 2. Variance to permit
the lot width to be 861 at the building set back line in lieu of
the 901 requirement. Outlots Band C to be dedicated to the Village.
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CHANHASSEN VILLAGE COUNCIL MINUTES - February 22, 1971
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CHANHASSEN ESTATES 2ND ADDITION (contd): The following voted in
favor thereof: Mayor Coulter, Councilmen Bennyhoff, Klingelhutz,
Neils and Wolf. No negative votes. Motion carried.
CHANHASSEN ESTATES: A motion was made by Councilman Bennyhoff and
seconded by Councilman Klingelhutz to set the date for the Public
Hearing for March 22, 1971, at 8:15 p.m., to rezone Outlots 1 and
2 to commercial. The following voted in favor thereof: Mayor
Coulter, Councilmen Bennyhoff, Klingelhutz, Neils and Wolf. No
negative votes. Motion carried.
INSURANCE: A motion was made by Councilman Bennyhoff and seconded
by Councilman Neils to accept the low bid from Hennessy Agency
upon the Village Attorney's approval of said proposal for a three
year conprehensive insurance coverage to be paid annually. The
following voted in favor thereof: Mayor Coulter, Councilmen
Bennyhoff, Klingelhutz, Neils and Wolf. No negative votes. Motion
carried.
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SOLID WASTE ORDINANCE: The following residents were present:
Mr. and Mrs. Alex Hartmann, Alvin J. Jeurissen, Henry Jeurissen,
Gilbert Laurent, Stan Hillier, George Beniek, John Jeurissen,
Mr. and Mrs. George Steller, Mr. and Mrs. Merlyn Wanous, Dean
Degler, Henry Wrase, Mr. and Mrs. Willard Johnson, Victor Schmieg
and R. O. Lyman.
DEAN DEGLER stated that he could not agree with Depphaven's
section on animal secretion.
MERLYN WANOUS questioned the effective dates of the burning
ban and to what degree this would stop burning.
ALEX HARTMANN was concerned with the disposal of leaves and
tree branches if burning were prohibited.
GEORGE STELLER was concerned about the protection of roads
by having a number of garbage collectors on them early in
the spring.
The Council discussed in general the burning ban and the proposed
Solid Waste Ordinance. No decision was made at this time.
PARK AND RECREATION COMMISSION: Park and Recreation Chairman,
Arnold Weimerskirch, was present to give a report to the Council
concerning the development of the Lake Ann Park property (Welter
property) .
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A motion was made by Councilman Klingelhutz and seconded by Council-
man Wolf to authorize the advertising for bids on the development
of the Lake Ann Park property - Phase I. The following voted in
favor thereof: Mayor Coulter, Councilmen Bennyhoff, Klingelhutz,
Neils and Wolf. No negative votes. Motion carried.
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CHANHASSEN VILLAGE COUNCIL MINUTES - February 22, 1971 -4-
ELECTION JUDGES: A motion was made by Mayor Coulter and
seconded by Councilman Bennyhoff to approve the three Election
Judges (Viola Buschkowsky, Lee Hjermstad and Joanne Meuwissen)
for the Hennepin County Election. The following voted in favor
thereof: Mayor Coulter, Councilmen Bennyhoff, Klingelhutz,
Neils and Wolf. No negative votes. Motion carried.
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SEWER - PROJECT 70-6: A motion was made by Councilman Klingelhutz
and seconded by Councilman Bennyhoff to adopt Resolution #222711
as follows:
RESOLUTION AUTHORIZING THE ACQUISITION OF PROPERTY RIGHTS
FOR THE CONSTRUCTION AND LOCATION OF CHANHASSEN TRUNK SANI-
TARY SEWER, PROJECT 70-6.
BE IT RESOLVED THAT:
1. The Metropolitan Sewer Board has ordered the pre-
paration of plans and specifications for the construction of
the Chanhassen Interceptor (Metropolitan Sewer Board project
70-25), which construction shall include the installation of
a trunk sanitary sewer for the collection and disposal of
sewage originating within Chanhassen (Chanhassen Trunk I
Sanitary Sewer Project 70-6).
2. Minnesota Statutes, Section 444.075, gives this
Village authority to acquire by purchase or condemnation
any real or personal property, including easements and
water and air rights, determined to be necessary or con-
venient for the collection and disposal of sewage within
and beyond the limits of the Village.
3. The Village hereby determines that it is necessary
to acquire all property rights which will be needed for the
construction and location of the trunk sanitary sewer de-
scribed in Paragraphs 1 and 2¡ and that such acquisition is
in the public interest and for the public purpose authorized
by Minnesota Statute 444.075.
4. Russell H. Larson, Attorney at Law, is hereby
authorized and directed to proceed with the acquisition of
all such property rights by negotiation, contract or con-
demnation, and is authorized to do all things necessary
to secure the right of entry or possession of such property
for construction purposes as soon as possible.
Passed and adopted by the Council of the Village of
Chanhassen this 22nd day of February, 1971.
The following voted in favor thereof:
Bennyhoff, Klingelhutz, Neils and Wolf.
Motion carried.
Mayor Coulter, Councilmen
No negative votes.
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CHANHASSEN VILLAGE COUNCIL MINUTES - February 22, 1971
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COMPREHENSIVE SEWER REPORT: A motion was made by Councilman
Bennyhoff and seconded by Councilman Neils to authorize the
Village Engineer to prepare a comprehensive sewer report for
the Village of Chanhassen. The following voted in favor thereof:
Mayor Coulter, Councilman Bennyhoff, Klingelhutz, Neils and Wolf.
No negative votes. Motion carried.
CONTRACTORS: A motion was made by Mayor Coulter and seconded
by Councilman Bennyhoff that no contractor be given any permit
who has delinquent bills with the Village for more than 30 days.
The following voted in favor thereof: Mayor Coulter, Councilmen
Bennyhoff, Klingelhutz, Neils and Wolf. No negative votes.
Motion carried.
ORDINANCE #36-A ( SIGN ORDINANCE VARIANCE ): A motion was made
by Mayor Coulter and seconded by Councilman Klingelhutz that
Ordinance #36-A be repealed. The following voted in favor
thereof: Mayor Coulter and Councilman Klingelhutz, The fol-
lowing voted no: Councilman Bennyhoff, Neils and Wolf. Motion
defeated.
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A motion was made by Councilman Bennyhoff and seconded by Council-
man Neils to adjourn. The following voted in favor thereof:
Mayor Coulter, Councilmen Bennyhoff, Klingelhutz, Neils and Wolf.
No negative votes. Motion carried.
TIME - 10:50 p.m.
Adolph TeSSneSs""~/
Clerk-Administrator
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