1972 06 19
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CHANHASSEN VILLAGE COUNCIL MINUTES - June 19, 1972
The Chanhassen Village Council Meeting on June 19, 1972, was
opened with the Pledge to the Flag. The following members were
present: Mayor Klingelhutz, Councilmen Bennyhoff, Kurvers, Neils
and Wolf.
COUNCIL MINUTES: A motion was made by Councilman Neils and
seconded by Councilman Kurvers that the Council Minutes of
June 5, 1972, be approved. The following voted in favor thereof:
Mayor Klingelhutz, Councilmen Bennyhoff, Kurvers, Neils and
Wolf. No negative votes. Motion carried.
PARK AND RECREATION COMMISSION MINUTES: A motion was made by
Councilman Bennyhoff and seconded by Councilman Kurvers that
the Park and Recreation Commission Minutes of June 6, 1972, be
noted and read. The following voted in favor thereof: Mayor.
Klingelhutz, Councilmen Bennyhoff, Kurvers, Neils and Wolf. No
negative votes. Motion carried.
PLANNING COMMISSION MINUTES: A motion was made by Councilman
Kurvers and seconded by Councilman Bennyhoff that the Planning
Commission Minutes of June 13, 1972, be noted and read. The
following voted in favor thereof: Mayor Klingelhutz, Councilmen
Bennyhoff, Kurvers, Neils and Wolf. No negative votes. Motioñ
carried.
HUMAN RIGHTS COMMISSION MINUTES: A motion was made by Councilman
Bennyhoff and seconded by Councilman Neils that the Human Rights
Commission Minutes of May 27, 1972, be noted and read. The
following voted in favor thereof: Mayor Klingelhutz, Councilmen
Bennyhoff, Kurvers, Neils and Wolf. No negative votes. Motion
carried.
PROJECT 72-1: A motion was made by Councilman Wolf and seconded
by Councilman Bennyhoff that the Village Attorney be instructed
to initiate condemnation action on the Martin Ward property. The
following voted in favor thereof: Mayor Klingelhutz, Councilmen
Bennyhoff, Kurvers, Neils and Wolf. No negative votes. Motion
carried.
CARVER BEACH: Mr. Timothy Stone as President of the Carver
Beach Association, submitted a letter on potentially dangerous
items and circumstances in and around the Carver Beach area.
The Village Council stated that they would hold a special meeting
on June 26, 1972, at 7:00 p.m. to discuss this letter.
DOGS: Betty Schmieg was present complaining about stray dogs
and felt that something should be done as soon as possible.
Clyde Hehl stated, "I agree it's getting almost to the point that
we have to fence ourselves in from our neighbors dogs".
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CHANHASSEN VILLAGE COUNCIL MINUTES - June 19,1972
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Councilman Kurvers stated that the ordinance should be much
strictor. Also that the dog fines be increased and look into
the possibility of hiring a new dog catcher.
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Question asked of the Village Attorney, "How high can the dog
fines be?" The Village Attorney answered a maximum of $300
or 90 days in jail.
REPORT ON THE KOEHNEN ADDITION: The Administrator reported on the
following violations and complaints:
1. R. L. STODDART
A. Has horses - Zoned R-l Single Family. Farm animals not
allowed.
B. Horses stalls under house.
c. Horse trailer parked in front yard.
In violation of Ordinance # 47, Section 19.16, (l).
2. MELVIN & A SCHMID - RLS No. 8 - Tract L
A. Renting basemen~ in violation of Ordinance #47, Section 7.02.
Permitted Uses, Subsection l, Single Family.
3. GORDON J. KOEHNEN - RLS No.8, Tract H
A. Was built as a duplex, is now zoned as R-l and would be
considered a non-conforming use.
B. Garbage and miscellaneous debris as per picture. Picture I
taken June l5, 1972, and had been cleaned up quite a
bit since I was there on June 6, 1972.
4. GORDON J. KOEHNEN - RLS No.8 - Tract I
A. A trench approximately 18" wide and l2' long with a
open 4" transit pipe to the surface from the septic
tank. No permit was taken out.
5. LEROY BERG
A. Renting basement in violation of Ordinance #47,
Section 7.02. Permitted Uses, Subsection l, Single Family.
6. BERNARD TEWS - RLS No. 8 - Tract F
A. Renting basement in violation of Ordinance #47,
Section 7.02. Permitted Uses, Subsection I, Single Family.
B. Boat in front yard in violation of Ordinance #47,
Section 19.16, (1).
7. GORDON J. KOEHNEN - RLS No.8 - Tract G
A. Was built as a duplex and is being used as a triplex,
is now zoning R-l and would be considered a non-conforming
use.
8. RLS. No. 8 - Tract C & G (C) Wendell Gravlun
(G) Gordon Koehnen
A. Garbage, cans and etc. on private property. Road has not
been dedicated.
B. Boat in front yard. In violation of Ordinance #47,
Section 19.16, (1).
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CHANHASSEN VILLAGE COUNCIL MINUTES - June 19, 1972
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9. WENDELL GRAVLUN - RLS No. 8 - Tract C
A. Camper in front yard. In violation of Ordinance #47,
Section 19.16, (1). ~
10. CHANNING ELLIOT - RLS No. 8 - Tract D
A. Cement blocks in front and side yard.
ll. HARLAN KOEHNEN - RLS No. 8 - Tract B
A. Renting basement in violation of Ordinance #47,
Section 7.02. Permitted Uses, Subsection 1, Single Family.
B. Ford Fairlane with 1971 license. Police have talked to
Owner.
l2. B. E. WIRTZ
A. 1957 Jaguar with 1966 license plates.
B. 1957 Chevrolet Station Wagon with 1971 license plates.
Police have talked to Mr. Wirtz.
l3. GLEN DOTY - Lot 3, Block 1, Terera Acres
A. Boxes and miscellaneous debris as shown in picture.
B. Back yard as per picture.
Jerry Yanisch has talked to Mr. Doty about not having
enough room for two horses. Horses not allowed in R-l
District. Horses were not there on June 16, 1972, when
pictures were taken.
l4. NO LICENSE FOR DOG - Melvin Anderson, Glen Doty, Joan Sinclair,
Junior M. Foss, Frances X. McGinn, Ronald A. Jansen
The Village Administrator is to take administrative action as per
the Ordinances. Village Attorney is to research the question of
people renting their basements and if this is a violation, the
Administrator is to send zoning violation letter to these property
owners.
WILLARD JOHNSON: The following pe~ition was submitted by Willard
Johnson:
We the undersigned of this petition; express our disapproval
and our grievances against "ILLEGAL RENTAL UNITS." This
includes: "single-family-dwellings," which are being used for
a two-family building. Single-family-dwellings, that were
originally designed for one family ONLY, and, NO MORE THAN ONE
FAMILY; in these particular types of structureS; which are
now being used as "ILLEGAL RENTAL UNITS;" Also, included
are the, "triplex" units, which were originally limited to
be "duplexes".
SIGNED: Dean Solum, Barbara Solum, Willard Johnson, Shirley Johnson,
Blanche Gravlun, V. C. Wirtz, Patrick Rosa~i, Mary Rosati, Glen Doty,
Betty Doty, Loren Bystol, Carol Bystol, Gene R. Tews, Sharon J. Tews,
Channing H. Elliott, Marilyn L. Elliott, Carol S. Wirtz, Bruce E.
Wirtz, Wendell G. Gravlun, Mary Helen Wirtz, Mr. & Mrs. Junior
M. Foss, Yvonne S. Stottler, Dwayne Stottler, W. Fransdal
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CHANHASSEN VILLAGE COUNCIL MINUTES - June 19, 1972
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BILLS: A motion was made by Councilman Wolf and seconded by
Councilman Bennyhoff that the $31.85 as listed to be paid
out of the Bond Issue money be transferred and paid out of
the Park Acquisition Fund. The following voted in favor
thereof: Mayor Klingelhutz, Councilmen Bennyhoff, Kurvers,
Neils and Wolf. No negative votes. Motion carried.
A motion was made by Councilman Wolf and seconded by Councilman
Bennyhoff that Park Construction be notified that if the project
is not completed within two weeks, that the penalty completion
clause will be enforced. The following voted in favor thereof:
Mayor Klingelhutz, Councilmen Bennyhoff, Kurvers, Neils and Wolf.
No negative votes. Motion carried.
A motion was made by Councilman Bennyhoff and seconded by
Councilman Kurvers to pay all other bills as submitted. The
following voted in favor thereof: Mayor Klingelhutz, Councilmen
Bennyhoff, Kurvers, Neils and Wolf. No negative votes. Motion
carried.
REQUIRED SEWER CONNECTION:
ERICKSON & SCOTT: Raised a number of questions with regard
to the lift station elevation and operation and the completion
of the 1967-4 sewer and water construction project. They
also questioned the reason they are being required to
connect to the municipal sewer system when they are not
having any problems.
Ordinance #5 states that you must connect to the municipal sewer
system within 12 months of availability. Also the Metropolitan
Sewer Board requires that individuals connect within 24 months of
availability. Sewer has been available to the above two persons
since 1968.
MRS. SHAW was present to request that she be allowed to
continue using her private disposal system because of the
cost of running her lateral approximately SOD' to connect
to the sewer system. Plus the fact that she is not near
any lake or stream.
A motion was made by Councilman Bennyhoff and seconded by Council-
man Wolf that the Village Engineer check these questions out and
report back at the next meeting. (Council Meeting) The following
voted in favor thereof: Mayor Klingelhutz, Councilmen Bennyhoff,
Kurvers, Neils and Wolf. No negative votes. Motion carried.
A motion was made by Councilman Wolf and seconded by Councilman
Kurvers that a 30 day extension (until August 17, 1972) be
granted Erickson, Scott and Shaw pending final decision by the
Council. The following voted in favor thereof: Mayor
Klingelhutz, Councilmen Bennyhoff, Kurvers, Neils and Wolf. No
negative votes. Motion carried.
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CHANHASSEN VILLAGE COUNCIL MINUTES - June 19, 1972
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Mrs. SCQtt voluntarily stated that they would have the soil
tested between their private disposal system and the lake to
verify that their system was not creating a pollution
problem.'
PROJECT 7l-lA: The following bids were received on June 8, 1972:
Hoffman Bros., Inc.
Orfei & Sons, Inc.
Johnson Bros. Highway
Northern contracting
Nodland Associates
G. L. Contracting
Barbarossa & Sons, Inc.
McDonald & Associates
Lametti & Sons, Inc.
Northdale Const. Co.
Erwin Montgomery
BASE
BID
PVC
ABS
631,667.16
641,962.70
662,099.00
734,884.90
749,976.00
752,360.00
758,722.50
819,692.60
864,861.50
870,358.00
889,603.10
629,401.26
633,345.55
659,833.10
NO BID
738,646.50
747,882.20
756,456.60
NO BID
824,793.50
859,028.50
866,944.10
629,401.26
NO BID
659,833.10
733,983.94
743,178.30
746,798.85
NO BID
796,997.10
824,793..50
859,028.50
866,944.10
The Village Engineer recommends the following:
The low bid was 13 percent under our estimate of $725,600
indicating that compe~ition is still very favorable.
The low bid was received from Hoffman Bros., Inc., of
Atwater, Minnesota. Their bid included deducts in the
same amount for use of PVC or ABS plastic sewer pipe.
Award in the amount of $629,401.26 with the use of PVC plastic
sewer pipe, is recommended to Hoffman Bros., Inc.
A motion was made by Councilman Wolf and seconded by Councilman
Neils to accept the low bid from Hoffman Bros., Inc. of
$629.401.26 using PVC as recommended by the Village Engineer.
The following voted in favor thereof: Mayor Klingelhutz, Council-
men Bennyhoff, Kurvers, Neils and Wolf. No negative votes. Mòtion
carried.
EASEMENTS: General discussion by the Council and the Village Attorney
on procedural steps for acquiring easements.
HIGHWAY ACCESS REQUEST: A motion was made by Councilman Kurvers
and seconded by Councilman Wolf to approve the Highway 101 access
request of Richard A. Kartak as recommended by the Planning
Commission. The following voted in favor thereof: Mayor
Klingelhutz, Councilmen Bennyhoff, Kurvers, Neils and Wolf. No
negative votes. Motion carried.
ORDINANCE #33: A motion was made by Councilman Wolf and seconded
by Councilman Neils that the Planning Commission hold a public
Hearing on the proposed amendments to Ordinance #33 on July 11,
1972. The following voted in favor thereof: Mayor Klingelhutz,
Councilmen Bennyhoff, Kurvers, Neils and Wolf. No negative votes.
M,Qtion carr,.i,ed~
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CHANHASSEN VILLAGE COUNCIL MINUTES - June 19, 1972
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JAYCEES: A motion was made by Councilman Wolf and seconded by I
Councilman Neils to grant the Jaycees a special permit for a
non-intoxicating license for July 7, 8, and 9, 1972, at no
cost. The following voted in favor thereof: Mayor Klingelhutz,
Councilmen Bennyhoff, Kurvers, Neils and Wolf. No negative
votes. Motion carried.
BOARD OF ADJUSTMENTS AND APPEALS: A motion was made by Council-
man Wolf and seconded by Councilman Bennyhoff to approve the
request for a variance by Robert Swanson as recommended by the
Board of Adjustments and Appeals, June 8, 1972. One stipulation
that this addition be completed within 45 days of obtaining the
Building Permit. The fOllowing voted in favor thereof: Mayor
Klingelhutz, Councilmen Bennyhoff, Kurvers and Wolf. Councilman
Neils voted no. Motion carried.
ARBORETUM: The Village Engineer submitted a feasibility study
on June 15, 1972, on sanitary sewer and water service to the
Arboretum property.
A motion was made by Councilman Bennyhoff and seconded by
Councilman Kurvers that the Administrator and the Village
Engineer be instructed to meet with the Arboretum and discuss
the feasibility study. The following voted in favor thereof:
Mayor Klingelhutz, Councilmen Bennyhoff, Kurvers, Neils and
Wolf. No negative votes. Motion carried.
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LAKE ANN PARK: A motion was made by Councilman Wolf and seconded
by Councilman Neils that the Village construct a crushed rock
path, 8 feet wide from County Road 17 (north) to Lake Ann Park
following the north Highway right-of-way as close as possible.
Exact alignment to be determined by the Administrator. The
following voted in favor thereof: Mayor Klingelhutz, Councilmen
Bennyhoff, Kurvers, Neils and Wolf. No negative votes. Motion
carried.
DRAINAGE PROBLEM: Mayor Klingelhutz explained that he had met
with the Maintenance Superintendent and a representative of the
Highway Department and stated that the Village must pass a
resolution requesting State participation before the State
would participate in this problem.
A motion was made by Councilman Neils and seconded by Councilman
Wolf to adopt Resolution #6l972l, requesting State participation.
The following voted in favor thereof: Mayor Klingelhutz,
Councilmen Bennyhoff, Kurvers, Neils and Wolf. No negative votes.
Motion carried.
The Administrator is to contact Don Berg.
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CHANHASSEN VILLAGE COUNCIL MINUTES - June 19, 1972
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SUMMER HELP; A motion was made by Councilman Wolf. and seconded
by Councilman Bennyhoff that the following salaries be set
for the Summer Recreation Program:
$3.00 hour
$2.00 hour
$2.00 hour
$2.50 hour
$1. 60 hour
$1~60 hour
$1. 60 hour
$450.00 for the term of the
Summer Recreation Program
The following voted in favor thereof: Mayor Klingelhutz,
Councilmen Bennyhoff, Kurvers, Neils and Wolf. No negative votes.
Motion carried.
Karen Sernett
Karen Gustafson
Bud Eblam
Mark Bielski
Giles Courtney
Connie Ohnsorg
Louise Worm
Betsy McDougall
TEMPORARY SEWER DISPOSAL SYSTEM: A motion was made by Councilman
Bennyhoff and seconded by Councilman Wolf that temporary sewer
disposal systems on new construction without perculation test
only after bids have been let for that specific area and a signed
statement by the builder or owner that connection will be made
to the municipal system as soon as it is available. The following
voted in favor thereof: Mayor Klingelhutz, Councilmen Bennyhoff,
Kurvers and Wolf. Councilman Neils voted no. Motion carried.
KNOLLWAY ESTATES: The following letters were submitted by
R. B. Lyman, Sr. and the Maintenance Superintendent.
June 1, 1972
As Chairman of the Chanhassen Township Board at the time
when Arnold Ryba was issued a Building Permit in the pro-
posed Kno1lway Estates, it was the intention that the
roads be dedicated to the Township and be brought up to
Township gravel road standards. After the road had been
brought up to these standards, the Township would have
maintained these roads as were all other Township reads.
Any further improvements, such as blacktopping, would have
required payment by the developer or abutting property
owners. SIGNED - R.B. Lyman
June 16, 1972
In regards to Knollway Estates, there was rebuilding of the
road and ditch last year and at this time I feel that this
road is as good as any other graveled road in the Village.
SIGNED - Henry Wrase, Maintenance Superintendent.
A motion was made by Councilman Neils and seconded by Councilman
Bennyhoff to accept the road as dedicated in the proposed Knollway
Estates Addition for maintenance. The following voted in favor
thereof: Mayor Klingelhutz, Councilmen Bennyhoff, Kurvers, Neils
and Wolf. No negative votes. Motion carried.
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CHANHASSEN VILLAGE COUNCIL MINUTES - June 16, 1972
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A motion was made by Councilman Neils and seconded by Councilman I
Kurvers to adjourn. The following voted in favor thereof:
Mayor Klingelhutz, Councilmen Bennyhoff, Kurvers, Neils and
Wolf. No negative votes. Motion carried.
TIME - 12:40 A.M.
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Adolph Tessness
Clerk-Administrator
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