1972 07 05
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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.
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CHANHASSEN VILLAGE COUNCIL MINUTES - July 5, 1972
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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.
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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.
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CHANHASSEN VILLAGE COUNCIL MEETING - July 5, 1972
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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.
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CHANHASSEN VILLAGE COUNCIL MINUTES - July 5, 1972
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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.
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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:
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CHANHASSEN VILLAGE COUNCIL MINUTES - July 5, 1972
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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
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CHANHASSEN VILLAGE COUNCIL MINUTES - July 5, 1972
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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.
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CHANHASSEN VILLAGE COUNCIL MINUTES - July 5, 1972
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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