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1971 03 22 r CHANHASSEN VILLAGE COUNCIL MINUTES - March 22, 1971 I The special Chanhassen Village Council meeting on March 22, 1971, was opened with the Pledge to the Flag. The following members were present: Mayor Coulter, Councilmen Bennyhoff, Klingelhutz, Neils and Wolf. A motion was made by Councilman Neils and seconded by Councilman Klingelhutz to defer the Public Hearing on the Dale Green Company until the Victoria zoning matter is resolved. The following voted in favor thereof: Mayor Coulter, Councilmen Bennyhoff, Klingelhutz, Neils and Wolf. No negative votes. Motion carried. A motion was made by Councilman Bennyhoff and seconded by Councilman Neils to adopt the following Resolution #322711: RESOLUTION OPPOSING INDUSTRIAL ZONING ADJOINING UNIVERSITY OF MINNESOTA LANDSCAPE ARBORETUM. WHEREAS, the Village of Victoria and Chanhassen in the past have exhibited their mutual interest in the orderly develop- ment of their respective municipalities and the west metropolitan area and have worked toward preserving and maintaining the superior amenities of the areas, and I WHEREAS, the University of Minnesota Landscape Arboretum and its adjoining areas are outstanding examples of the attractive environmental qualities which characterize the west metropolitan area, and WHEREAS, those areas which border the Arboretum are admirably suited and highly desirable for residential living as they possess the best of all criteria used in land use planning of residential districts, and WHEREAS, it has been brought to the attention of the Chanhassen Village Council that a plan has been proposed for the rezoning of a portion of the Village of Victoria adjoining the Arboretum to permit industrial use of the land, which in the opinion of the Chanhassen Village Council would be most detrimental to the Arboretum and adjoining areas. NOW, THEREFORE, BE IT RESOLVED: 1. That the Council of the Village of Chanhassen records its opposition to the introduction of any type of use in areas adjoining the University of Minnesota Landscape Arboretum other than residential use, and is especially opposed to the use of any such land for industrial purposes. I 2. That request is hereby made to the Victoria Village Council to give the most favorable consideration to the Chanhassen request that said lands be zoned solely for residential use. ~ " CHANHASSEN VILLAGE COUNCIL MINUTES - March 22, 1971 -2- Passed and adopted by the Council of the Village of Chanhassen this 22nd day of March, 1971. I The following voted in favor thereof: Mayor Coulter, Councilmen Bennyhoff, Klingelhutz, Neils and Wolf. No negative votes. Motion carried. --------------------------------------------------------------- PUBLIC HEARING - DALE GREEN COMPANY A motion was made by Councilman Klingelhutz and seconded by Councilman Bennyhoff to open the Public Hearing on the Dale Green Company. The following voted in favor thereof: Mayor Coulter, Councilmen Bennyhoff, Klingelhutz, Neils and Wolf. No negative votes. Motion carried. The following persons were present: Mr. Butler and Mr. and Mrs. Willard Johnson. The Village Administrator read the official notice of the Public Hearing. MR. BUTLER gave a report on what his plans are and presented a sketch plan. I The Village Administrator read the recommendations from the Planning Commission and the Park and Recreation Commission. There was general discussion on this proposal and both questions from the floor and the Council were asked. A motion was made by Councilman Bennyhoff and seconded by Councilman Wolf to adjourn the Public Hearing. The following voted in favor thereof: Mayor Coulter, Councilmen Bennyhoff, Klingelhutz, Neils and Wolf. No negative votes. Motion carried. ---------------------------------------------------------------- PUBLIC HEARING - CHANHASSEN ESTATES - OUTLOTS 1 AND 2 The Public Hearing was opened on Chanhassen Estates, Outlots 1 and 2. The following persons were present: Mr. Quist, Mr. and Mrs. Willard Johnson, Conrad Fiskness, Robert Mason and Vern Husemoen. The Village Administrator read the official notice of the Public Hearing. I MR. QUIST stated that he was very concerned about the Highway 5 entrance and the added traffic that would be generated by this rezoning. r PUBLIC HEARING - CHANHASSEN ESrATES - OUTLOTS 1 AND 2 -3- I MR. MASON stated that he felt that most of the traffic problems on Highway 5 were not created from what was within this subdivision or what would be put there but the traffic on Highway 5 itself. The Village Administrator read what would be allòwed in the proposed C-2 and C-3 Commercial Districts. MR. QUIST stated that a filling station might look good after initial construction but in six months would deteriorate. I did not object the the zoning of the multiple housing in Chanhassen Estates 2nd but I do object to this proposed rezoning. VERN HUSEMOEN: I also feel that it would be a big traffic problem and object to the rezoning. A motion was made by Councilman Klingelhutz and seconded by Councilman Bennyhoff to adjourn the Public Hearing. The following voted in favor thereof: Mayor Coulter, Councilmen Bennyhoff, Klingelhutz, Neils and Wolf. No negative votes. Motion carried. I --------------------------------------------------------------- CHANHASSEN VILLAGE COUNCIL MINUTES - March 22, 1971 The Council Meeting was called to order. COUNCIL MINUTES: A motion was made by Councilman Klingelhutz and seconded by Councilman Bennyhoff to approve the March 8, 1971, Council Minutes. The following voted in favor thereof: Mayor Coulter, Councilmen Bennyhoff, Klingelhutz, Neils and Wolf. No negative votes. Motion carried. A motion was made by Councilman Neils and seconded by Councilman Wolf to approve the March 15, 1971, Council Minutes with the following amendment: Under the Schimmelpfennig Public Hearing, WALLACE DAYTON: stated he was speaking for the Christmas Lake Association. The following voted in favor thereof: Mayor Coulter, Councilmen Bennyhoff, Klingelhutz, Neils and Wolf. No negative votes. Motion carried. I PLANNING COMMISSION MINUTES: A motion was made by Councilman Bennyhoff and seconded by Councilman Neils that the Planning Commission Minutes of March 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. " I CHANHASSEN VILLAGE COUNCIL MINUTES - March 22, 1971 -4- PARK AND RECREATION COMMISSION MINUTES: A motion was made by I Councilman Bennyhoff and seconded by Councilman Klingelhutz that the Park and Recreation Commission Minutes of March 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. PARK AND RECREATION: A motion was made by Councilman Bennyhoff and seconded by Councilman Neils that the Park and Recreation Commission be allowed to buy ice time at an indoor ice arena, for the hocky program, in the amount of $25.00. 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 approve a Special Use Permit. The Village Attorney to draw up the agreement and bring back to the Council for final approval. COUNCILMAN NEILS stated concern about individual retail sales of seed and fertilizer from the property. She féels that a black dirt and sod farm would be a good interim land use. The following voted in favor thereof: Mayor Coulter, Councilmen I Bennyhoff, Klingelhutz, Neils and Wolf. No negative votes. Motion carried. CHANHASSEN ESTATES - OUTLOTS 1 AND 2: A motion was made by Councilman Bennyhoff and seconded by Councilman Neils to approve the rezoning as per the Planning Commission recommendations (the following is an excerpt from the Planning Commission Minutes of March 9, 1971): A motion was made by Arnie Ryba and seconded by Tom Gabbert to recommend the Council approve the rezoning of Outlots 1 and 2 from Farm Residential to Commercial. The developer agrees to abide by the conditions set forth in pro- posed C-2 Zoning District on Outlot 2 and proposed C-3 Zoning District on Outlot 1. Motion unanimously approved. The following voted in favor thereof: Mayor Coulter, Councilmen Bennyhoff, Klingelhutz, Neils and Wolf. No negative votes. Motion carried. LIQUOR LICENSES: A motion was made by Councilman Klingelhutz and seconded by Councilman Bennyhoff to approve the on and off sale intoxicating and the on and off sale non-intoxicating liquor license applications submitted by Pauly's Bar, Inc., Jerry's Old West Bar and the Chanhassen Dinner Theatre. The off sale in- toxicating to Top of the Bluff, Recreation Development. The off sale non-intoxicating for Ed's Super Fair, Kenny's Market. I The on and off sale non-intoxicating for the Chanhassen American Legion Post 580. Sunday liquor sales for the Chanhassen Dinner Theatre. The following voted in favor thereof: Mayor Coulter, Councilmen Bennyhoff, Klingelhutz, Neils and Wolf. No negative votes. Motion carried. ~ _í ~ CHANHASSEN VILLAGE CQUNCIL MINUTES - M~rch 22, 1971 -5- I LIQUOR LICENSES (CONTD): All property taxes have been paid on all properties applying for liquor licenses. ZETAH (DIVISION OF PROPERTY): An explanation was given on the division of Mr. Zetah's property on which his home is located and why a building permit was denied. Mr. Zetah presented a document indicating that this property was divided in February, 1958, but not recorded. A motion was made by Councilman Bennyhoff and seconded by Councilman Neils that Mr. Zetah be allowed to obtain a building permit as soon as he has the necessary requirements fulfilled. The following voted in favor thereof: Mayor Coulter, Councilmen Bennyhoff, Klingelhutz, Neils and Wolf. No negative votes. Motion carried. ZETAH (FRITZ COULTER PROPERTY): The Administrator explained the obligation th~the Village has with relation to extending sewer to the property line. I A motion was made by Councilman Wolf and seconded by Councilman Neils to approve payment in the amount of $200.00 for the extension of the sewer line from the main on West 77th Street to the south property line. The following voted in favor thereof: \Councilmen Bennyhoff, Klingelhutz, Neils and Wolf. Mayor Coulter abstained. Motion carried. No permits are to be issued until all delinquent payments have been paid. BUILDING VIOLATION: It was brought to the attention of the Council that Mr. Zetah has already started construction of a home on the property discussed under ZETAH (DIVISION OF PROPERTY) . A motion was made by Councilman Wolf and seconded by Councilman Bennyhoff that Mr. Zetah stop construction immediately and that a building permit be applied for by Friday, March 36, 1971. The following voted in favor thereof: Mayor Coulter, Councilmen Bennyhoff, Klingelhutz, Neils and Wolf. No negative votes. Motion carried. A motion was made by Councilman Klingelhutz and seconded by Councilman Neils to suspend the Agenda and allow John Neveaux to report on the Victoria Public Hearing. The following voted in favor thereof: Mayor Coulter, Councilmen Bennyhoff, Klingelhutz, Neils and Wolf. No negative votes. ~otion carried. I Planning Commission Chairman, John Neveaux, gave a brief report on the Victoria Public Hearing, stating that no decision had been reached. ~ CHANHASSEN VILLAGE COUNCIL MINUTES - March 22, 1971 -6- PLEASANT ACRES: Mrs. Keith Anderson and Les Anderson were present explaining their problems developing some of their lots in Pleasant Acres, which do not meet the 30,000 square feet requirement in Ordinance #45. WATER AND SEWER RATES: There was general discussion on setting sewer rates on a basis of water consumption. A motion was made by Councilman Klingelhutz and seconded by Councilman Wolf that the rates be used for the first quarter the same as last year and that notices be sent to all persons on municipal water and sewer system for an informational me~ting before changing the Village policy. The following voted in favor thereof: Mayor Coulter, Councilmen Bennyhoff, Klingelhutz, Neils and Wolf. No negative votes. Motion carried. A motion was made by Councilman Bennyhoff and seconded by Councilman Neils to adjourn. The following voted in favor thereof: Mayor Coulter, Councilmen Bennyhoff, Klingelhutz, Neils and Wolf. No negative votes. Motion carried.' /' TIME - 12:05 a.m. ~ (Fl· Adolph Tessness Clerk-Administrator ., I I I