1971 03 29
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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:
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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.
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CHANHASSEN VILLAGE COUNCIL MINUTES - March 29, 1971
HARLEY ROBINSON: As a member of the Lutheran
concerned about the proposed rezoning.
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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.
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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.
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CHANHASSEN VILLAGE COUNCIL MINUTES - March 29, 1971
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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
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CHANHASSEN VILLAGE COUNCIL MINUTES - March 29, 1971
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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.
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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.
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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.
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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
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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.
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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.
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CHANHASSEN VILLAGE COUNCIL MINUTES - MARCH 29, 1971
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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.
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CHANHASSEN VILLAGE COUNCIL MINUTES - MARCH 29, 1971
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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..'.
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Adolph Tessness
Clerk-Administrator