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1971 03 29 ~ I I I ~ CHANHASSEN VILLAGE COUNCIL MINUTES - March 29, 1971 The special Chanhassen Village Council meeting on March 29, 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 Wolf and seconded by Councilman Neils to approve the minutes of March 22, 1971, with the following amendments: v Page 3, paragraph 3 - DELETE: one"th~' in I'I did not object to the zoning. Page 3, pa~agraph 2 of the Village Council meeting. The minutes should reflect that Wallace Dayton represented 80 members of the Christmas Lake Associàtion. Page 5, Under Building Violation - The minutes should reflect March 26 not March 36. Page 6, Under Pleasant Acres - The minutes should reflect that Mrs. Les Anderson, Keith Anderson and Les Anderson, Jr. were present. 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 Wolf that the Planning Commission Minutes of March 23, 1971 be noted and read. The following voted in favor thereof: Mayor Coulter, Councilman Bennyhoff, Klingelhutz, Neils and Wolf. No negative votes. Motion carried. CHANHASSEN ESTATES - OUTLOTS 1 & 2: The following persons were present: Rev. and Mrs. Dennis Lorenz, Mr. and Mrs. Melbert Lenander, Mr. and Mrs. R. M. Quist, Mr. and Mrs. Alex Krengel, Charles Brown, James Reiva, Vernon Husemoen, Kerry Grinkmeyer, Conrad Fiskness, Ray Jezierski, R. P. Saunders, Mrs. Ida Johnson, Mr. and Mrs. Willard Johnson, Mr. and Mrs. Bob Golberg, Stan Grismore, Harley R. Robinson, Mike Kibler, B. Phillips. The Village Attorney read the State Statute on rezoning, explaining the legality of a Public Hearing. MR. QUIST~stated þe was concerned about what Chanhassen Estates, Outlots 1 and 2 can be used for. REV. DENNIS LORENZ stated that he was very concerned about the proposed rezoning and what it would do to the value of the church property and the surrounding area. MR. KERRY GRINKMEYER: He did not think that a reasonable effort had been made to notify the owners of the adjoining property. . , CHANHASSEN VILLAGE COUNCIL MINUTES - March 29, 1971 HARLEY ROBINSON: As a member of the Lutheran concerned about the proposed rezoning. -2- I Church, is CHANHASSEN ESTATES - OUTLOTS 1 AND 2 (CONTD): A motion was made by Councilman Klingelhutz and seconded by Councilman Bennyhoff to set a new date for a Public Hearing on Chanhassen Estates, Outlots 1 and 2 rezoning. A motion was made by Mayor Coulter and seconded by Councilman Klingelhutz to amend the motion to read that all letters to the property owners within 200 feet of the proposed rezoning, be sent Certified Mail with return receipt requested. The following voted in favor thereof: Mayor Coulter, Councilmen Bennyhoff, Klingelhutz, Neils and Wolf. No negative votes. Motion carried. The following voted in favor of the original motion: Mayor Coulter, Councilman Klingelhutz, Bennyhoff, Neils and Wolf. No negative votes. Motion carried. A motion was made by Councilman Klingelhutz and seconded by Councilman Wolf to set the date for the Public Hearing on Chanhassen Estates, Out lots land 2, Rezoning, for April 19, 1971 at 8:30 p.m. The following voted in favor thereof: Mayor Coulter, Councilmen Bennyhoff, Klingelhutz, Neils and Wolf. No negative votes. Motion carried. I REV. LORENZ: Was the zoning on Outlots I_and 2 zoned C-2 and C-3 at one time? Answer: At that time, there was only Commercial Zoning District. The proposed would be more restrictive. MELBERT LENANDER: Why weren't these Outlots rezoned when Chanhassen Estates 2nd Addition was rezoned? Answer: This was brought to the attention of the developer at the time of the Chanhassen Estates 2nd Addition rezoning. ROBERT MASON: Outlots 1 and 2, consisting of approximately 12 acres, were proposed for commercial zoning in 1966 when the original plat was approved or I would not have proceeded with the development set back from the highway. CHARLES BROWN: The real estate agent who sold me my home, stated that condominium apartments were being planned for that area. The real estate agent was Jack Clapp of the M. B. Hagen Realty Company. I ~ ~ I I I CHANHASSEN VILLAGE COUNCIL MINUTES - March 29, 1971 -3- CHANHASSEN ESTATES - OUTLOTS lAND 2 (CONTD) : MR. QUIST: Answer: Can you zone with restrictions? The Village Attorney explained the proposed Zoning Ordinance and how this would be used. RON SAUNDERS: As a resident of Chanhassen Estates, my concern is what is going up next to our subdivision and what kind of a development it would be. A motion was made by Councilman Neils and seconded by Councilman Wolf to rescind the motion made-on March 22, 1971, as follows: 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 recôm- mendations (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 proposed 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. 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 deviate from the Agenda to discuss Ordinance #45. The following voted in favor thereof: Mayor Coulter, Councilmen Bennyhoff, Klingelhutz, Ne~ls and Wólf. No negative votes. Motion carried. ORDINANCE #45: A motion was made by Councilman Neils and seconded by Councilman Wolf to add the words "soil porosity" to Section 2.04 and to change "ordinary high water mark" in Section 2.05 to "high water elevation". The Village Attorney explained why these words are being proposed. Mayor Coulter questioned Section 2.03 and the 30,000 square feet and how this would affect existing platted areas. General discussion on the proposed changes. The following voted in favor thereof: Bennyhoff, Klingelhutz, Neils and Wolf. carried. Mayor Coulter, Councilmen No negative votes. Motion 1 CHANHASSEN VILLAGE COUNCIL MINUTES - March 29, 1971 -4- A motion was made by Councilman Klingelhutz and seconded by Councilman Neils to move to item number 4 on the Agenda and skip item number 3, at this time. The following voted in favor thereof: Mayor Coulter, Councilmen Bennyhoff, Klingelhutz, Neils and Wolf. No negative votes. Motion carried. I CHANHASSEN ESTATES 2ND ADDITION - SEWER AND WATER - PROJECT 71-3: Bruce Kelly of Schoell and Madson, explained the proposed project, stating that the total estimated construction costs would be approximately $ll9,000.00. A motion was made by Councilman Bennyhoff and seconded by Councilman Wolf to approve the plans and specifications for Project 7l-3, Chanhassen Estates 2nd, Water and Sewer. 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 Wolf to authorize the advertising for bids for Project 71-3, to be opened on April 26, 1971. Council con- sideration on this bid will be at the May 3, 1971, meeting. The following voted in favor thereof: Mayor Coulter, Councilmen Bennyhoff, Klingelhutz, Neils and Wolf. No negative votes. I Motion carried. The Village Administrator is to meet with the Fiscal Agent to discuss preparation for the sale of bonds for this project. A motion was made by Councilman Klingelhutz and seconded by Councilman Bennyhoff to authorize the Village Attorney to prepare a development contract for Chanhassen Estates 2nd. The following voted in favor thereof: Mayor Coulter, Councilmen Bennyhoff, Klingelhutz, Neils and Wolf. No negative votes. Motion carried. LOAD LIMITS: A motion was made by Councilman Wolf and seconded by CouncIlman Bennyhoff to lift the load limit restriction on Village streets in the Village of Chanhassen from garbage trucks, school buses and fuel oil trucks delivering to residents for heating. The following voted in favor thereof: Councilmen Neils and Wolf. The following voted no: Mayor Coulter, Councilmen Bennyhoff and Klingelhutz. Motion defeated. A motion wa~ made by Councilman Klingelhutz and seconded by Councilman Bennyhoff that the load limits bè set on Village of Chanhassen streets for garbage trucks at a maximum of 6 tons and school buses at a maximum of 7 tons. The following voted in favor thereof: Mayor Coulter, Councilmen Bennyhoff, Klingelhutz, Neils and Wolf. No negative votes. Motion carried. I r CHANHASSEN VILLAGE COUNCIL MINUTES - MARCH 29, 1971 II Councilman Wolf left. TRACTOR BID: One tractor bid was submittedr Long Lake Ford Tractor, Long Lake, Minnesota. -5- QTY DESCRIPTION TOTAL PRICE 1 A new two (2) wheel drive, all purpose tractor, with seven (7) foot offset flail mower, six (6) foot side mount hydraulic mower and all other appur- tenances in accordance with specifica- tions. $4,887.00 Tractor Flail Mower Side Mount Mower Cab Also a proposal for a Model net F.O.B. #328.00. Model # 3l0l3C Model # 907 Model # Triumph Hydro Clipper Model # Palm #903-5 auger I A motion was made by Councilman Bennyhoff and seconded by Councilman Klingelhutz to accept the bid and approve the purchase with a Conditional Sales Contract with the State Bank of Chanhassen for $5,215.00. First year payment of $1415.00, second and third years payments of $1,900.00, plus interest. The following voted in favor thereof: Mayor Coulter, Councilmen Bennyhoff,Klingelhutz, and Neils. No negative votes. Motion carried. SEWER RODDER: One bid was received from the Flexible Pipe Tool Company. QTY DESCRIPTION TOTAL PRICE 1 Sewer rodding machine, and all associated necessary materials and $5,249.20 appurtenances. Equipped with 48" flexicrome rods. Model # SRRS-2-48 A motion was made by Councilman Bennyhoff and seconded by Councilman Neils to approve the bid from the Flexible Pipe Tool Company in the amount of $5,249.20, to be purchased with a three year Conditional Sales Contract with the State Bank of Chanhassen. First year payment to be $1,249.00, second and third years $2,000.00, plus interest. The following voted in favor thereof: Mayor Coulter, Councilmen Bennyhoff~ Klingelhutz and Neils. No negative votes. Motion carried. I BURDICK PARK ADDITION: A motion was made by Councilman Klingelhutz and seconded by Councilman Bennyhoff to set the date for the Public Hearing on rezoning for April 19, 1971, at 7:30 p.m., to be held in conjunction with the Planning Commission Public Hearing on the preliminary plat. ~ - ., CHANHASSEN VILLAGE COUNCIL MINUTES - MARCH 29, 1971 -6- BURDICK PARK ADDITION (CONTD): A motion was made by Mayor Coulter I and seconded by Councilman Klingelhutz to amend the preceding motion to read that all notices be sent Certified Mail, return receipt requested. The following voted in favor thereof: Mayor Coulter, Councilmen Bennyhoff, Klingelhutz and Neils. No negative votes. Motion carried. The following voted in favor of the original motion: Mayor Coulter, Councilmen Bennyhoff, Klingelhutz and Neils. No negative votes. Motion carried. OLD VILLAGE HALL: The following letter from the Chanhassen Fire Department was read by the Administrator: March 26, 1971 TO: Mayor, Councilmen, Administrator The Fire Department would like permission to remove the fire bell from the Old Village Hall. We would like to display this be~l in the Fire Station as the first fire warning device used in the Village of Chanhassen. The Council in 1899 has approved the purchasing of a fire bell at a cost not to exceed $10.00. In 1901, John Geiser I purchased this bell for the Village at a cost of $2.75. Sincerely, Howard Meuwissen Secretary-Treasurer It is the Council's intention that the Old Village Hall should be maintained and kept in its original state, to be used in the future for a museum. ADMINISTRATION: A motion was made by Councilman Neils and seconded by Councilman Bennyhoff that Francene Clark's sal~ry be set at $495.00 per month, starting April 1, 1971. The following voted in favor thereof: Mayor Coulter, Councilmen Bennyhoff, Klingelhutz and Neils. No negative votes. Motion carried. 4TH STREET: 4th Street will be on the Agenda for the AprilS meeting. DALE GREEN COMPANY: A motion was made by Councilman Bennyhoff and seconded-by Councilman Klingelhutz to approve the Conditional Use Permit agreement as submitted by the Village Attorney for the Dale Green Company. The following voted in favor thereof: Mayor Coulter, Councilmen Bennyhoff, Klingelhutz and Neils. No negative votes. Motion carried. I r I I I 10. CHANHASSEN VILLAGE COUNCIL MINUTES - MARCH 29, 1971 ....7... MAYOR COULTER: Mayor Coulter submitted the following Resolution #326711: WHEREAS, over 53,771 Americans have been killed in the Vietnam war to date, WHEREAS, more that 115 billion dollars have been spent on the war, while many Americans go hungry and are deprived of the necessary things in life and over half the world goes to bed hungry every night, WHEREAS, the Vietnam Government insists on expanding the was, thus involving the American people to supply them with equipment and air support, WHEREAS, the lives of 2,855,700 young Americans have been disrupted since 1965, causing much hardship to the young people and often causing conflict in the family, WHEREAS, 294,414 Americans have been wounded in this anti-cold war, many of them permanent, NOW, THEREFORE, BE IT RESOLVED, that the Council of the Village of Chanhassen asks President Nixon to bring our American troops home immediately. A motion was made by Mayor Coulter and seconded by Councilman Bennyhoff to adopt the above Resolution and copies to be sent to the President of the United States, State Governor, Senators and Representatives and our local Senators and Representatives. Councilman Klingelhutz stated, I don't quite agree with the wording "immediately". The tollowing voted in favor thereof: Mayor Coulter, Councilmen Bennyhoff and Klingelhutz. Councilman Neils voted no. Motion carried. A motion was made by Councilman Neils and seconded by Councilman Klingelhutz to adjourn. The following voted in favor thereof: Mayor Coulter, Councilmen Bennyhoff, Klingelhutz and Neils. No negative votes. Motion carried. TIME - 10:45 p.m. f..'. '\. . . , Adolph Tessness Clerk-Administrator