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1972 07 05 ~ I I I CHANHASSEN VILLAGE COUNCIL MINUTES - July 5, 1972 The special Chanhassen Village Council Meeting on July 5, 1972, was opened with the Pledge to the Flag. The following members were present: Mayor Klingelhutz, Councilmen Bennyhoff, Kurvers, Neils and Wolf. Councilwoman Neils arrived after the first motion to approve Council Minutes. The following persons were present: Stan ROlfsrud, Don Rippel, W. Fransdal, Barbara Fransdal, B. Watson, Carol Watson, JohnL. Doyle, B. W. Watson, Wendell Gravlun, Blanche Gravlun, Shirley Johnson, Tim Stone, David Peterson, Les Bridger, Don Revier.c COUNCIL MINUTES: A motion was made by Councilman Kurvers and seconded by Councilman Bennyhoff to approve the Council Minutes of June 19, 1972. The following voted in favor thereof: Mayor Klingelhutz, Councilmen Bennyhoff, Kurvers and Wolf. No negative votes. Motion carried. A motion was made by Councilman Wolf and seconded by Councilman Kurvers to ~pprove the Council Minutes of June 26, 1972. 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 Néils that the Planning Commission Minutes of June 20, 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 PUBLIC HEARING MINUTES: A motion was made by Councilman Bennyhoff and seconded by Councilman Wolf that the Planning Commission Public Hearing Minutes of June 20, 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 Neils and seconded by Councilman Kurvers that the Planning Commission Minutes of June 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. PARK AND RECREATION COMMISSION MINUTES: A motion was made by Councilman Kurvers and seconded by Councilman Neils that the Park and Recreation Commission Minutes of June 20, 1972, be noted and read. The following voted in favor thereof: Mayor Klingelhutz, Councilmen Bennyhoff, Kurvers, Neils and Wolf. No negative votes. Motion carried. -- , ~ i CHANHASSEN VILLAGE COUNCIL MINUTES - July 5, 1972 -2- HUMAN RIGHTS COMMISSION MINUTES: A motion was made by Council- I man Kurvers and seconded by Councilman Neils that the Human Rights Commission Minutes of June 24, 1972, be noted and read. The following voted in favor thereof: Mayor Klingelhutz, Council men Bennyhoff, Kurvers,Neils and Wolf. No negative votes. Motion carried. COUNCIL MINUTES: A motion was made by Councilman Neils and seconded by Councilman Wolf to approve the Council Minutes of June l2, 1972. The following voted in favor thereof: Mayor Klingelhutz, Councilmen Bennyhoff, Kurvers, Neils and Wolf. No negative votes. Motion carried. i. BOARD OF REVIEW MINUTES: A motion was made by Councilman Bennyhoff and seconded by Councilman Wolf that the Board of Review Minutes of June l2, 1972, be approved. The following voted in favor thereof: Mayor Klingelhutz, Councilmen Bennyhoff, Kurvers, Neils and Wolf. No negative votes. Motion carried. OPEN DISCUSSION: Wayne Fransdal was present and asked "What is being done about the report on the Koehnen Addition?" The Village Attorney explained what can and is being done. BOARD OF ADJUSTMENTS AND APPEALS: BRUCE WATSON - REQUEST FOR VARIANCE: Mr. Watson was present I and explained what he is proposing to do about an individual disposal system. Councilwoman Neils asked if he agreed with the last paragraph in the Village Engineer's report. Mr. Watson's answer was yes. A motion was made by Counciman Neils and seconded by Councilman Bennyhoff to grant a variance to Ordinance #10, Section 2 and issue a building permit to Bruce Watson, with the following stipulations; the owner agrees to do any pumping required when the lowest tank fills, and agrees to build the disposal system as shown on drawing by Sullivan Septic Service and approved by the Village Engineer, and also agrees to hook up to public sewer immediately when it becomes available. The following voted in favor thereof: Mayor Klingelhutz, Councilmen Bennyhoff, Kurvers, Neils and Wolf. No negative votes. Motion carried. DAVID PETERSON (VARIANCE TO ORDINANCE #45): A motion was made by Councilman Kurvers and seconded by Councilman Bennyhoff to grant a variance from Ordinance #45, Section 2, subsection 2.03 to build a single family dwelling on a 20,000 square foot lot and grant a building permit as per the Board of Adjustments and Appeals Minutes of July 1, 1972. The following voted in favor thereof: Mayor I Klingelhutz, Councilmen Bennyhoff, Kurvers, Neils and Wolf. No negative votes. Motion carried. i I ! ,I --~ ~ I I I ~ CHANHASSEN VILLAGE COUNCIL MEETING - July 5, 1972 -3- LES BRIDGER (REQUEST FOR VARIANCE): There was general discussion. Les Bridger explained why this variance was' necessary. He stated that he purchased the lot and then ·Paul Steiner put in the cuI de sac (without notifying him) which left Bridger's lot considerably different then the one he purchased. A motion was made by Councilman Bennyhoff and seconded by Councilman Wolf to approve the variance request to Ordinance #47, Section 7.05, Front Yard Regulations, 20 feet front yard depth instead of 30 feet and that a building permit be issued. The following voted in favor thereof: Mayor Klingelhutz, Councilmen Bennyhoff, Kurvers, and Wolf. Councilman Neils voted no. Motion carried. Councilman Neils voted no as she is on the Board of Adjustments and Appeals which recommended denial. Councilman Wolf stated that he felt that Bridger should take special care in the placement of the driveway and grade so water runoff does not go into the garage. SUNRISE RIDGE (BOND RELEASE): A motion was made by Councilman Bennyhoff and seconded by Councilman Neils that the Village reduce the bond of C. Peter Linsmayer, held by the Village, from $l500.00 to $300.00 as per the Engineer's report dated June 30, 1972. The following voted in favor thereof: Mayor Klingelhutz, Councilmen Bennyhoff, Kurvers, Neils and Wolf. No negative votes. Motion carried. FENSTERMAKER: Councilwoman Neils questioned if a Conditional Use Permit can be transferred from one person to another. Village Attorney answered no. Councilwoman Neils exhibited an ad from the Minneapolis Sunday Tribune, June 25, 1972, advertising Federal Hill formerly Fenstermaker's now open on Highway 4l. Administrator to contact new owner and inform him that he will have to apply for a Conditional Use Permit. BRANDONDALE SIGN VIOLATION: Discussion on Brandondale's signs on Hwy 5 and Cty, Rd. l7 and also on Hwy 5 and Hwy lOl. On May l6, 1972, at letter was sent to Brandondale informing them that they are in violation of Ordinance #36. Village Attorney recommended that the next time they are up a picture should be taken and dated and action will be initiated against them. They have been warned. LAKE ANN INTERCEPTOR SEWER, PHASE I: Mayor Klingelhutz read a letter dated June 26, 1972, from the Village Engineer stating that the following items are delaying the advertising of this project: l. The Martin Ward easement is still not obtained. 2. The Sewer Board is awaiting Federal funding approval. ,., CHANHASSEN VILLAGE COUNCIL MINUTES - July 5, 1972 -4- 3. The Sewer Board has not yet submitted the plans and I specifications for Minnesota Pollution Control Agency approval, and thus have not yet obtained this approval. Another factor brought up by Mr. Foerster is the fact that the Metropolitan Council Staff has mentioned the possibility of reducing the pipe size of this project, therefore necessitating new plans. This could be done as a result of the "new thinking' on the part of population projection estimators. The Village Attorney stated that Martin Ward knows the project has not yet been funded and that is what is holding up the easement. The Village Attorney has been asked by the Council, to attend the Referral Meeting at the Metropolitan Sewer Board on July 6, 1972, at 2:00 p.m., and report back. HIRING O.E.O. EMPLOYEE: Mayor Klingelhutz report on the interviews he and the Maintenance Superintendent had with applicants. They had no applicants from Chanhassen. They are recommending the hiring of Erik Lee Fredrikson, age 22, from Jonathan. A motion was made by Councilman Bennyhoff and seconded by Council- I man Neils to hire Erik Lee Fredrikson as per recommendation from the Mayor and Maintenance Superintendent. The following voted in favor thereof: Mayor Klingelhutz, Councilmen Benny- hoff, Kurvers, Neils and Wolf. No negative votes. Motion carried. ANIMAL CONTROL: There was general discussion on animal control and hiring B & E Patrol to do our dog catching. A motion was made by Councilman Bennyhoff and seconded by Councilman Wolf that the Village start using B & E Patrol for animal control at a minimum of 2 hours per week temporarily. The following voted in favor thereof: Mayor Klingelhutz, Councilmen Bennyhoff, Kurvers, Neils and Wolf. No negative votes. Motion carried. Councilman Kurvers stated that there should be further study on this subject at the Administrative level. SIGN PERMIT: A sign permit application has been submitted by the City of Chaska for a 4' by 4' sign stating "Welcome to Chaska City with a Future. Chaska Cubs 71 Class B Baseball Champs" placed on the Village of Chanhassen property on Highway 41, one mile south of Highway S. There was general discussion on this. I A motion was made by Councilman Neils and seconded by Councilman Kurvers to deny the sign permit application for the City of Chaska sign on Village of Chanhassen property as it violates Ordinance #36 and could be moved a few more feet south and placed in the City of Chaska. The following voted in favor thereof: [ 1 j/ ~ I I I "'-~ CHANHASSEN VILLAGE COUNCIL MINUTES - July 5, 1972 -5- Mayor Klingelhutz, Councilmen Bennyhoff, Kurvers, Neils and Wolf. No negative votes. Motion carried. REQUIRED SEWER CONNECTION: SHAW: General discussion on the Engineer's report dated June 28, 1972. A motion was made by Councilman Bennyhoff and seconded by Councilman Kurvers as per the Village Engineer's recommendation that enforcement of the required hookup ordinance be delayed until the property to the east of Shaw develops, subject to such contingencies which may arise. The following voted in favor thereof: Mayor Klingelhutz, Councilmen Bennyhoff, Kurvers, Neils and Wolf. No negative votes. Motion carried. ERICKSON AND SCOTT: There was general discussion on the Engineer's report dated June 28, 1972. A motion was made by Councilman Bennyhoff and seconded by Councilman Neils that Erickson and Scott and the remaining persons not connected to municipal sewer be required to hook up to the municipal sewer within 120 days from today (November 2, 1972). The following voted in favor thereof: Mayor Klingelhutz, Councilmen Benny- hoff, Kurvers, Neils and Wolf. No negative votes. Motion carried. The Administrator to send letters to those who have not yet hooked up to the municipal sewer and inform them of the November 2, 1972, deadline. PROPOSED ORDINANCES: The Village Attorney stated that the proposed Solid Waste, Dutch Elm Disease and Green River Ordinances are completed and will be in the Council's hands by the end of this week. There was general discussion on all three at this time. All three of these ordinances should be on the Agenda for July 17, 1972, at 8:30 p.m. MINNESOTA GOOD ROADS,INC.: A motion was made by Councilman Bennyhoff and seconded by Councilman Kurvers that the Village join Minnesota Good Roads, Inc., at the annual subscription rate of $20.00. The following voted in favor thereof: Mayor Klingèlhutz, Councilmen Bennyhoff, Kurvers, Neils and Wolf. No negative votes. Motion carried. CARVER BEACH: Discussion on lowering the speed limit in Carver Beach to 15 or 20 m.p.h. Village Attorney stated that per- mission to do this would have to come from the Commissioner of Highways. The Administrator is to check on this. Police Department is to check on the two stop signs requested ~n C~~ver Be~c~. CHANHASSEN VILLAGE COUNCIL MINUTES - July 5, 1972 -6- POLICE DEPARTMENT: Al Wallin was present and stated that he has had several complaints about the visibility at the east intersection of Lyman Blvd. and Highway 101. A motion was made by Councilman Neils and seconded by Council- man Wolf that the Village request the District Highway Engineer come out and investigate the grade conditions at the east intersection of Lyman Blvd. and Highway 101 for the purpose of considering lowering the grade of the corner. The following voted in favor thereof: Mayor Klingelhutz, Councilmen Benny- hoff, Kurvers, Neils and Wolf. 1967-4 PROJECT: The Administrator is to go down and check Ken Erickson's property to see what is left to complete on the 1967-4 sewer and water project and set up a meeting with Mr. Erickson and the Engineer to find the approximate cost of redoing the areas in question. REVENUE SHARING PLAN: There was general discussion on -the proposed Federal Revenue Sharing Plan. The general feeling of the Council was to find out why Carver County and Chanhassen are so much lower than Hennepin County on this proposed Bill. A motion was made by Councilman Bennyhoff and seconded by Councilman Neils that the Village Attorney write a Resolution to send to our Federal Senators and Representatives to ask that the proposed Federal Revenue Sharing Plan be changed and put on the same basis as Hennepin County. The following voted in favor thereof: Mayor Klingelhutz, Councilmen Bennyhoff, Kurvers, Neils and Wolf. No negative votes. Motion carried. ORDINANCE #24 DOGS: The Village Attorney is going to revise the dog ordinance especially the fine section. WEST SUBURBAN TEEN CLINIC: The Council will discuss this organization at a future meeting. STREET NUMBERS: Councilman Kurvers brought up that all the street numbers are not yet assigned and this should be finished. A motion was made by Councilman Kurvers and seconded by Council- man Bennyhoff that the Administrator is to have the street numbers done within 90 days and 30 days thereafter the residents will have to have their numbers up. The following voted in favor thereof: Mayor Klingelhutz, Councilmen Bennyhoff, Kurvers and Wolf. Councilman Neils voted no. Motion carried. Councilman Neils voted no as she felt this was an unrealistic amount of time to complete this job. ~ I I I i I ~ ~ - - I ~ CHANHASSEN VILLAGE COUNCIL MINUTES - July 5, 1972 -7- A motion was made by Councilman Bennyhoff and seconded by Councilman Neils to adjourn. The following voted in favor thereof: Mayor Klingelhutz, Councilmen Bennyhoff, Kurvers, Neils and Wolf. No negative votes. Motion carried. TIME - 10:45 p.m. Fran Clark Secretary