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1971 04 05 r'" I I I ~. CHANHASSEN VILLAGE COUNCIL MINUTES ~ Apri¡ 5, 1971 The regular Chanhassen Village Council meeting on April 5, 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 Neils to approve the March 29, 1971, Council Minutes with the following amendments: Page 1, Chanhassen Estates, Outlots 1 and 2 - Reverend Lorenz stated that he nor the Church Board received notice of the Public Hearing. Kerry Grinkmeyer also stated that he did not receive notice of this Public Hearing. Page 4,-Load Limits - The minutes should reflect that the load Limit is per axle. Page 6, Old Village Hall - The minutes should reflect that the Fire Department will have the right of first refusal on the fire bell, in the event of the razing of the building. Page 5, The minutes should reflect that Councilman Wolf had to leave the meeting because of a previous commitment. The following voted in favor thereof: Mayor Coulter, Councilmen Bennyhoff, Klingelhutz, Neils and Wolf. No negative votes. Motion carried. LAKE SUSAN: A number of the residents living around Lake Susan were present to request that sewer be installed as soon as possible. It was stated that eleven of the fourteen residents on Lake Susan were contacted and are concerned about the pollution of the lake. TRANSIT TAX: Councilman Klingelhutz voiced his concern about the electric tax which would go for transit facilities. DALE GREEN COMPANY: There was a request presented by Mr. Butler, for a building permit for a 40 x 64 pole barn building. ' A motion was made by Councilman Bennyhoff and seconded by Council- man Klingelhutz to approve the application for a 40 x 64 pole barn building and authorize the Village Administrator to issue a building permit as per application and exhibit "A" dated April 5, 1971. The following voted in favor thereof: Mayor Coulter, Councilmen Bennyhoff, Klingelhutz, Neils and Wolf. No negative votes. Motion carried. D. J. EXCAVATING - CONDITIONAL USE PERMIT: Frank Muelken, Mr. Schimmelpfennig's attorney, was present to represent Mr. Schimmel- pfennig. There was a general discussion, by the Council, on the Conditional Use Permit request. MR. ROBERT BOWEN stated that the use of this building is in question. ~ CHANHASSEN VILLAGE COUNCIL MINUTES ~ Ap~i1 5, 1971 ~2- D. J. EXCAVATING (contd): A motion was made by Councilman I Klingelhutz and seconded by Councilman Bennyhoff to accept a metes and bounds description of the property in question. The following voted in favor thereof: Councilmen Bennyhoff, Kling- elhutz and Wolf. Mayor Coulter and Councilman Neils voted no. After the vote was taken Councilman Klingelhutz rescinded his voted and changed it to a no. Motion defeated. A motion was made by Councilman Wolf and seconded by Councilman Bennyhoff to approve the application for a Conditional Use Permit for D. J. Excavating Co. Said Conditional Use Permit to expire December 31, 1971, without a right of renewal. The Village Attorney to draft a Conditional Use Agreement and submit it back to the Village Council before final approval. The following voted in favor thereof: Councilmen Bennyhoff, Klingelhutz and Wolf. Mayor Coulter and Councilman Neils voted no. Motion defeated. A Conditional Use Permit requires a 4/5 vote of the full Council. Application stands denied. A motion was made by Councilman Wolf and seconded by Councilman Klingelhutz that Mr. Schimmelpfennig has until December 31, 1971, to remove his excavating equipment from his property and cease doing business from this property. MR.. ROBERT BOWEN stated that he felt that this motion was illegal. I Councilman Klingelhutz withdrew his second and Councilman Wolf withdrew his motion. MR. ROBERT BOWEN stated that his clients would not take any further action if a reasonable time was set, by this Council, to remove Mr. Schimmelpfennig's excavating equipment from his property. A motion was made by Councilman Neils and seconded by Mayor Coulter to allow Mr. Schimmelpfennig forty-five (45) days to cease doing business from this property and remove his excavating equipment from his property. The following voted in favor thereof: Mayor Coulter, Councilmen Bennyhoff and Neils. Councilmen Klingelhutz and Wolf voted no. Motion carried. ARBORETUM: The Village Administrator explained about a number of items that are being proposed for the new building at the Arbor- etum, which do not comply with Village Ordinances. A motion was made by Councilman Bennyhoff and seconded by Council- man Klingelhutz that the Village Administrator take whatever steps necessary to insure that the building meet all Village codes and requirements. The following voted in favor thereof: Mayor Coulter, Councilmen Bennyhoff, Klingelhutz, Neils and Wolf. No negative votes. Motion carried. I i / r CRA,N:HÃSS:EN V;I:;;LLï\qE CQUNCILJ1INUTES-" !\Ph;i:,;J, 5, 3.97;1, ~3..... I STREET LIGHTS: The Village Administrator explained the overall Village street light proposal from Northern States Power and Minnesota Valley Electric. A motion was made by Councilman Bennyhoff and seconded by Council- man Klingelhutz to authorize the installation of a 250 watt mercury vapor light at the entrance into Pleasant Acres from Highway 7. The following voted in favor thereof: Mayor Coulter, Councilmen Bennyhoff, Klingelhutz, Neils and Wolf. No ne~ative votes. Motion carried. A motion was made by Councilman Klingelhutz and seconded by Council- man Neils to refer the Standard Oil request for a street light back to the Planning Commission for it's recommendations. The following voted in favor thereof: Mayor Coulter, Councilmen Bennyhoff, Klingelhutz, Neils and Wolf. No negative votes. Motion carried. I A motion was made by Councilman Bennyhoff and seconded by Council- man Klingelhutz to submit the overall street lighting proposal, to the Planning Commission, for their cemments on a street light policy for the entire Village, based on the plans submitted by Northern States Power and Minnesota Valley Electric. The following voted in favor thereof: Councilmen Bennyhoff, Kling- elhutz, Neils and Wolf. Mayor Coulter voted no. Motion carried. 4TH STREET: The Village Administrator submitted a survey by the Village Engineer, on the location of 4th Street. The Administrator was instructed to meet with Recreational Land Development Corp. and see what they will be willing to pay for seal coating 4th Street. DAVE HALLA stated, if the Council chooses to cooperate, we are willing to listen to reason. NORTH UTILITY SERVICE AREA: The Village Administrator explained the details of the North Utility Service Area that will be pre- sented at the April 12th meeting. A motion Neils to Coulter, negative was made by Councilman Bennyhoff and seconded by Councilman adjourn. The following voted in favor thereof: Mayor Councilmen Bennyhoff, Klingelhutz,Neils and Wolf. No votes. Motion carried. I TIME- 12:00 A.M~ Adolph Tessness Clerk-Administrator