1973 09 17
r
I
I
CHfu~HASSEN VILLAGE COUNCIL - PUBLIC HEARING - RED CEDAR POINT ROAD
VACATION - September 17, 1973.
The Mayor opened the Public Hearing on the Red Cedar Point Road Vacation
at 7:30 p.m. in the Village Hall. The following members of the Village
Council were present: Mayor Klingelhutz, Councilmen Bennyhoff, Kurvers
and Neils. Councilman Wolf was absent.
PERSONS PRESENT: Mr. & Mrs. Paul Larson, Mrs. D.C. Prillaman, J.H. Mayhew
and Dan Herbst.
The Village Attorney read the official notice of the Public Hearing.
Craig Mertz explained the exact proposed location of the new road and
the vacation of the old road. The public road is 15 ft. wide with a
20 foot easement.
Councilman Wolf entered the room.
The Village Attorney stated that one problem with this area is the
accreted land which lies North of the 15 foot right of way over which
we have a public easement. The Attorney feels those accretions, that
is the land that has come about by reason of fill and the lowering of
the water table level of Lake Minnewashta, is the property of abutting
property owners on the South side of the road and this is a part of the
issue presented by this vacation they are asserted now at this point
ownership of those accretions.
Craig Mertz read the letter from Bruseck's Attorney. The Bruseck's do
not have any objection of the partial vacation of the Red Cedar Point
road, they do object to the proposed vacation terminating at the East
property line rather than the West property line. They are asking for
a 40 foot vacation of access to the lake and retain the cul-de-sac.
The trees will be considered regarding road construction.
Mr. Mayhew stated that the road has been that way for 50 years.
There is no public access to this acreted land except for the roadway
under Six year Statutes.
A motion was made by Councilman Bennyhoff and seconded by Councilman Wolf
to adjourn the Public Hearing. The following voted in favor thereof:
Mayor Klingehutz, Councilmen Bennyhoff, Kurvers, Neils and Wolf. No
negative votes. Motion carried.
------------------------------------------------------------------------
CHANHASSEN VILLAGE COUNCIL MINUTES - September 17, 1973
The regular Chanhassen Village Council meeting was called to order at
8:00 p.m. on September 17, 1973 by Mayor Al Klingehutz and was opened
with the Pledge to the Flag. The following membess were present:
Mayor Klingelhutz, Councilmen Bennyhoff, Kurvers, Neils and Wolf.
CHANHASSEN VILLAGE COUNCIL MINUTES - September 17, ·1973
-2-
MINUTES: A motion was made by Councilman Neils and seconded by Councilman
Kurvers to approve the Village Council minutes of September 10, 1973. 1
The following voted in favor thereof: Mayor Klingehutz,Councilmen Benny-
hoff, Kurvers, Neils and Wolf. No negative votes. Motion carried.
PUBLIC HEARING MINUTES: A motion was made by Councilman Bennyhoff and
seconded by Councilman Wolf to approve the Public Hearing minutes of
the Moline Addition Utility Service Project 73-9 of September 10, 1973.
The following voted in favor thereof: Mayor Klingelhutz, Councilmen Benny-
hoff, Kurvers, Neils and Wolf. No negative votes. Motion carried.
PARK AND RECREATION COMMISSION MINUTES: A motion was made by Councilman
Wolf and seconded by Councilman Kurvers that the Park(· and Recreation
Commission minutes of September 4, 1973 be noted and read. The following
voted in favorthereof: 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 Neils that the Planning Commission minutes of
September 12, 1973 be noted and read. The following voted in favor thereof:
Mayor Klingelhutz, Councilmen Bennyhoff, Kurvers, Neils and Wolf. No
negative votes. Motion carried.
Dan Herbst was present to explain about the Red Cedar Point discussion at
the September 12, 1973 Planning Commission meeting.
PAY BILLS: A motion was made by Councilman Wolf and seconded by Councilman I
Kurvers to approve the paying of the bills as submitted. The following
voted in favor thereof: Mayor Klingelhutz, Councilmen Bennyhoff, Kurvers .
Neils and Wolf. No negative votes. Motion carried.
VILLAGE COUNCIL MINUTES: A motion was made by Councilman Neils and Seconded
by Councilman Wolf to amend the minutes of June 4, 1973 to read that
Adolph Tessness will receive $8.50 per Building inspection. The following
voted in favor thereof: Mayor Klingelhutz, Councilmen Bennyhoff, Kurvers,
Neils and Wolf. No negative votes. Motion carried.
STREET LIGHTS: Arnie Ryba was present to discuss the directions of the
Street lighting Committee. He reviewed the lights that were proposed to be
installed and which lights were actually installed.
Kay Klingelhutz will get a report ready regarding how may lights can be
installed next year in accordance with the budget.
A motion was made by Councilmen Wolf and seconded by Councilman Neils for
Arnie Ryba and Russ Larson to draw up a Resolution on Street lighting and
bring it back to the Village Council. The following voted in favor thereof:
Mayor Klingelhutz, Councilmen Bennyhoff, Kurvers, Neils and Wolf. No
negative votei. Motion carried.
POLICE DEPT: Sgt. Al Wallin was present to discuss various problems in I
Chanhassen. As soon as Co. Rd. 117 is completed of all construction, ·the
State will send out their radar car so a speed limit can be posted.
I
I
I
CHANHASSEN VXLLAGE COUNCIL MXNUTES - September 17, 1973
-3-
POLICE DEPT. CON'T: Sgt. Wallin would also like to see a Park Ordinance
to that the Police Dept. has something to back them. He didn't feel
there were any unusual problems happening right no~.
Councilman Steve Wolf left the meeting.
MINNETONKA PLANNING PROGRAM COMMUNITY GUIDE: The Village Attorney has
written a letter to the Metropolitan Council requesting an extension of
time to examine this Program Guide. A discussion was held regarding
how much it involves Chanhassen.
A motion was made by Councilman Kurvers and seconded by Councilman Neils
to send the plan to Carl Dale to review to make recommendations in
regards to the traffic generated and traffic flot from Highways 101
and #7 and land use, spending no more than $100.00. The following
voted in favor thereof: Mayor Klingelhutz, Councrrmen Bennyhoff, Kurvers
and Neils. No negative votes. Motion carried.
The Council feels Chanhassens recommendations should coincide with Eden
Prairie's recommendations. These recommendations should be ready by
October 1, 1973.
SHOREWOOD SHOPPING CENTER: Bill Brezinsky, Vi]age Engineer explained
about the water request to the Shorewood Shopping Center. The Village
approves continuing discussions regarding the water openly with Shorewood.
The Shorewood Shopping Center Developer will incure all professional ex-
penses.
FRONTIER INDUSTRIAL PARK ASSESSMENT: Frank Laska reported on the Engineer
letter of September 14, 1973 regardingthe proposed Assessment Role for
Industrial Park Project 72-2.
A motion was made by Councilman Neils and seconded by CouncJlman
to set the Public Hearing date for October 7, 1973 at 7:30 p.m.
following voted in favor thereof: Mayor Klingelhutz, Councilmen
Kurvers and Neils. No negative votes. Motlon carried.
Kurvers
The
Bennyhoff,
PROJECT 73-4: Frank Laska discussed his letter of Street Improvement
Project 73-4, Gravel Fill.
A motion was made by Councilman Bennyhóff and seconded by Councilman Kur-
vers that the original 500 tons be charged out to be assessed at $4.00,
any additional costs will be paid by the Village. The following voted
in favor thereof: Mayor Klingelhutz, Councilmen Bennyhoff, Kurvers and
Neils. No negative votes. Motion carried.
ROBERT BUESGENS - APPROVAL FINAL PLAT: Mr. & Mrs. Robert Buesgens were
present for final approval of their plat of the Office Building. Due
to an oversight on the preliminary plat, no Public Hearing had been
given for the division of the Donreed Properties. The Buesgens request
that the Council accept the final plat without the Public Hearing because
of a hardship. The hardship is due to tight mortgage monies and months
of hard work, if they do not close all this will be lost. Discussion
followed.
CHANHASSEN VILLAGE COUNCIL MINUTES - September 17, 1973
-4-
ROBERT BUESGENS, CON' T: A motion was made by Councilman Kurvers' and
seconded by Councilman Neils to accept the registered land survey I
condition upon a delivery of a deed to tract A and payment of the
Metropolitan SAC Charge. The following voted in favor thereof: Mayor
Klingelhutz, Councilmen Bennyhbff, Kurvers, Neils. No negative
votes. Motion carried.
KEN BIBERDORF: A motion was made by Councilman Kurvers and seconded
by Councilman Neils to pay Ken Biberdorf three days of sick leave.
The following voted in favor thereof: Mayor Klingelhutz, Councilmen
Bennyhoff, Kurvers and Neils. No negative votes. Motion carried.
E.J. LUNDQUIST: The Mayor read the protest letter regarding the North
Service Area Assessments from E..J. Lundquist.
WORM-ZIMMERMANN FENCE DISPUTE: A motion was made by Councilman Neils and
seconded by Councilman Kurvers to approve the certificate re~arding the
fence viewers decision. The following voted in favor thereof: Mayor
Klingelhutz, Councilmen Kurvers, and Neils. Councilman Bennyhoff voted
no. Motion carried.
ROBERT SOMMERS: Mr. Sommers was present requesting an 18 ft. front yard
vaiiance fo~ a garage.
A motion was made by Councilman Neils and seconded by Councilman Kurvers
to grant Robert Sommers an 18 ft. front yeard setback with the stipulation I
that the partially contructed boat house be cleaned up and the back yard
be cleaned up by July 1, 1974. The following voted in favor thereof:
Mayor Klingelhutz, Councilmen Bennyhoff, Kurvers and Neils. No negative
votes. Motion carried.
A motion was made by Councilman Bennyhoff and seconded by Councilman
Kurvers to adjourn the meeting. The following voted in favor thereof:
Mayor Klingelhutz, Councilmen Bennyhoff, Kurvers and Neils. Nb.negative
votes. Motion carried.
~a d2iJµ~
r.L þ/¡.tf!Lti:
,>(- .,.
TIME: 12:05 a.m.
"
Sharon Loechler
Secretary
I