1974 04 15CHANHASSEN CITX COUNCIL MINUTES - April 15, 1974 -1-
The regular Chanhassen City Council meeting was called to order at
8:00 p.m. on April 15, 1974 by Mayor Klingelhutz and was opened with
the Pledge to the Flag. The following members were present: Mayor
Klingelhutz, Councilmen Bennyhoff, Hobbs, Kurvers and Neveaux.
MINUTES: A motion was made by Councilman Neveaux and seconded by
Councilman Kurvers to approve the April 1, 1974 Council minutes after
the following addition: Page 3 under Burning Permit add "The following
voted in favor thereof: Mayor Klingelhutz, Councilman Hobbs, Kurvers
and Neveaux. No negative votes. Motion carried." The following voted
in favor thereof: Mayor Klingelhutz, Councilmen Bennyhoff, Hobbs, Kurvers
and Neveaux. No negative votes. Motion carried.
A motion was made by Councilman Kurvers and seconded by Counciman
Bennyhoff to approve the April 6, 1974 special council minutes. The
following voted in favor thereof: Mayor Klingelhutz, Councilmen Bennyhoff,
Hobbs, Kurvers and Neveaux. No negative votes. Motion carried.
PARK AND RECREATION MINUTES: A motion was made by Councilman Neveaux
and seconded by Councilman Hobbs that the Park and Recreation Commission
minutes of April 2, 1974 be noted and read. The following voted in favor
thereof: Mayor Klingelhutz, Councilmen Bennyhoff, Hobbs, Kurvers and
Neveaux. No negative votes. Motion carried.
CBD MINUTES: A motion was made by Councilman Neveaux and seconded by
Councilman Kurvers that the CBD minutes of April 14, 1974 be noted and
.read. The following voted in favor thereof: Mayor Klingelhutz,
Councilmen Bennyhoff, Kurvers, Hobbs and Neveaux. No negative votes.
Motion carried.
PLANNING COMMISSION MINUTES: A motion was made by Councilman Neveaux
and seconded by Councilman Hobbs that the Planning Commission minutes of
April 10, 1974 be noted and read. The following voted in favor thereof:
Mayor Klingelhutz, Councilmen Bennyhoff, Hobbs, Kurvers and Neveaux.
No negative votes. Motion carried.
APPROVAL OF BILLS: A motion was made by Councilman Kurvers and seconded
by Councilman Hobbs to approve the bills as submitted.
Councilman Hobbs asked about the architechts fee for the remodeling of
the City Hall. The City administrator stated the percentage is 60 of
the estimated cost instead of 10% because the plans were not used. The
costs were too high so the City rejected the bids. The City Administrator
will negotiate with the architect in regards to this fee.
Councilman Neveaux asked about why the Insurance bill has gone over the
budget. The City Administrator will contact the Insurance Agent for a
clarification.
The motion was amended to say that a motion was made by Councilman Kurvers
and seconded by Councilman Hobbs to approve the bills as submitted except
for the architects fee for the City Hall remodeling and the Insurance bill
until the City Administrator gets further clarification. The following
voted in favor thereof: Mayor Klingelhutz, Councilmen Bennyhoff, Kurvers,
Hobbs and Neveaux. No negative Votes. Motion carried.
CHANHASSEN CITY COUNCIL MINUTES - April 15, 1974 -2-
MINNEWASHTA SHORES ASSOCIATION, INC: The following persons were present
regarding Minnewashta Shores Assessment for Lots H, Y and part of Z:
Mrs. Richard Eriksen, Ms. Warren Hanson, Larry Oppegaard, Bill Naegele,
Stephanie Naegele, Mrs. Rich Hanson, Rich Hanson, Steven Melander, Ronald
Balfour, Lenora Balfour, Art Stockwell, Winston Stockwell, Elaine Hagen,
Mrs. Don Sudenga, John & Dorthy Mackenzie.
Larry Oppegaard, Minnewashta Shores Associations President, stated the
Association did not realize that this dedicated recreational land would
be assessed for improvements and had they known they would have opposed
it at the Public Hearing. They do not feel these lots are buildable.
He stated that the residents have filled in this area with fill over swamp
land and seeded. Discussion followed.
A motion was made by Councilman Bennyhoff and seconded by Councilman Hobbs
to defer the assessments on Lots H, Y, and part of Z, Minnewashta Shores
or until such time as a building permit is issued. The following voted
in favor thereof: Mayor Klingelhutz, Councilmen Bennyhoff, Hobbs, and
Neveaux. Councilman Kurvers voted no. Motion carried.
WORM- ZIMMERMANN FENCE DISPUTE: A motion was made by Councilman Bennyhoff and
seconded by Councilman Neveaux that paragraph 2 of the decision of the
fence viewers agreement of September 17, 1973 be amended to read that
the maintenance of the balance of the easterly half of said partition
fence will be the obligation of Mr. Worm and the westerly portion will
be the obligation of Mr. Zimmermann. The following voted in favor thereof:
Mayor Klingelhutz, Councilmen Bennyhoff, Hobbs, Kurvers and Neveaux.
No negative votes. Motion carried.
FRED DICKISON REQUEST FOR A VARIANCE FROM ORDINANCE #47: The Council
discussed Mr. Dickison's request for a 2 foot variance from Ordinance
#47, Section 7.05, Subsection 3, which would apply to the south side
of his lot (LOt 13 Block 4, Scholer's Second Addition) to construct a
garage 24' x 24'. Further, the Council reviewed the findings of the
Board of Adjustments and Appeals which recommended to the Council that
the above variance be granted.
A motion was made by Councilman Hobbs and seconded by Councilman Kurvers
to approve the 2 foot variance from Ordinance #47, Section 7.05, Subsection
3 for Mr. Dickison to build a 24' x 24' garage. The following voted in
favor thereof: Mayor Klingelhutz, Councilmen Bennyhoff, Hobbs, Kurvers
and Neveaux. No negative votes. Motion carried.
KENNEL PERMIT FOR JOSEPH KENYON: A motion was made by Councilman Bennyhoff
and seconded by Councilman Kurvers to renew Mr. Kenyon's kennel permit.
The following voted in favor thereof: Mayor Klingelhutz, Councilmen
Bennyhoff, Hobbs, Kurvers and Neveaux. No negative votes. Motion carried.
DAMAGED TREES, CASE OF FRANCES FABER: Craig Mertz, City Attorney explained
t e contract regarding Mr. Feber's trees.
A motion was made by Councilman Neveaux and seconded by Councilman Bennyhof
to pay the claim of $350.00 to Mr. Faber for the loss of his tree. The
following voted in favor thereof: Mayor KlingelhutW, Councilmen Bennyhoff,
Hobbs, Kurvers and Neveaux. No negative votes. Motion carried.
CHANHASSEN CITY COUNCIL MINUTES April 15, 1974 -3-
BOARD OF EQUALTZATTON: A motion was made by Councilman Bennyhoff and
seconded by Councilman Hobbs to approve the date of May 29, 1974 at
7:30 p.m. for the Board of Equalization for the City of Chanhassen.' The
following voted in favor thereof: Mayor Klingelhutz, Councilmen Bennyhoff
Hobbs, Kurvers and Neveaux. No negative votes. Motion carried.
WARMING HOUSE: A motion was made by Councilman Bennyhoff and seconded
by Councilman Neveaux to table action on the warming house until Mr.
Stedman can be present. The following voted in favor thereof: Mayor
Klingelhutz, Councilmen Bennyhoff, Hobbs, Kurvers and Neveaux. No negative
votes. Motion carried.
FEE FOR LAKE ANN: Vivian Beaugrand, Park and Recreation Commission Chairman,
was present and stated that the Park and Recreation Commission feels a
fee for Lake Ann Park should be set at $1.00 for residents and $5.00 for
non - residents for a seasons pass. This would help on parking and help
to pay for maintenance ofthe park.
Councilman Bennyhoff and Kurvers felt that $5.00 was not enough for non-
residents. Councilman Neveaux felt that City residents should not have to
pay to use the park. The $1.00 fee for residents would only help pay
for the administrative cots and the cost of the stickers.
A motion was made by Councilman Bennyhoff and seconded by Councilman
Kurvers for a use charge to be charged at Lake Ann Park as follows:
1) $1.00 for Chanhassen residents, 2) 10.00 for non - Chanhassen residents,
3) $1.00 per car without a sticker 4) and any other pass to be issued
at the discretion of the City Administrator. This will be enforced
Saturdays and Sundays. The following voted in favor thereof: Mayor
Klingelhutz, Councilmen Bennyhoff, Hobbs and Kurvers. Councilman Neveaux
voted no. Motion carried.
This fee will be publicized so that all residents are ware of it.
FLOOD LIGHTS FOR GREENWOOD SHORES: The Greenwood Shores Association
requests a flood light for their park. This would take the place of
Park equipment which has been budgeted in the Park and Recreation Budget.
A motion was made by Counci`hnan Bennyhoff and seconded by Councilman
Neveaux to approve an overhead flood light for Greenwood Shores park
with details to be worked out by the City Administrator, Greenwood Shores
Association President and NSP. The following voted in favor thereof:
Mayor Klingelhutz, Councilmen Bennyhoff, Hobbs, Kurvers and Neveaux. No
negative votes. Motion carried.
LIQUOR LICENSE FOR KENNY'S MARKET: A motion was made by Councilman Neveaux
and seconded by Councilman Bennyhoff to approve the Off Sale Liquor
License for Kenny's Super Market. The following voted in favor thereof:
Mayor Klingelhutz, Councilmen Bennyhoff, Hobbs, Kurvers and Neveaux.
No negative votes. Motion carried.
RENAISSANCE FESTIVAL: The agenda was amended to permit the appearance
of George Coulam on behalf of the Renaissance Festival, asking that the
permit be issued with the amendments as set forth in his letter of April
15, 1974 and after a brief statement of the Mayor and Councilman Neveaux,
Mr. Coulam requested his checks be returned to him and the Council vote
no on the proposition.
CHANHASSEN CITY COUNCIL MINUTES - April 15, 1974
RENAISSANCE FESTIVAL, CON'T: A motion was made by Councilman Neveaux
and seconded by Councilman Bennyhoff that the checks be returned to
Mr. Coulam because he has requested the permit be withdrawn, and the
Conditional Use Permit tendered under the date of March 18, 1974 be
withdrawn. The following voted in favor thereof: Mayor Klingelhutz,
Councilmen Bennyhoff, Hobbs, Kurvers and Neveaux. No negative votes.
Motion carried.
RENAISSANCE REMOVAL OF CHILDREN'S THEATRE: A
Bennyhoff and seconded by Councilman Neveaux
Inc. and the Jonathan land owner be written a
Childrens Theatre be removed within 30 days.
favor thereof: mayor Klingelhutz, Councilmen
Neveaux. No negative votes. Motinn carried.
motion was made by Councilman
that the Renaissance Festival
letter requesting the
The following voted in
Bennyhoff, Hobbs, Kurvers and
HOUSING REDEVELOPMENT AUTHORITY: The City Administrator will write a letter
to each of the neighborhood associates in the city stating the city is
looking for interested persons to serve on the Housing Redevelopment Authority.
WEST JR. HIGH: Councilman Neveaux explained the negotiations being made
in regards to West Jr. High Nature Study Area.
A motion was made by Councilman Neveaux and seconded by Councilman Kurvers
to allow the corridor study referred to the engineersreport of April 9,
1974 geered to the Lake Lucy Road extension, be started funding be
secured from State Aid Funds not exceeding $1100.00. The following voted
in favor thereof: Mayor Klingelhutz, Councilmen Bennyhoff, Hobbs, Kurvers
and Neveaux. No negative votes. Motion carried.
This motion is contingent upon the State Aid Funds.
ROSE LANE: The Council discussed the problems of Rose Lane. The City
Administrator was instructed to contact the police for strict enforcement
at the beginning of the season.
A motion was made by Councilman Neveaux and seconded by Councilman Kurvers
to adjourn the meeting. The following voted in favor thereof: Mayor
Klingelhutz, Councilmen Bennyhoff, Hobbs, Kurvers and Neveaux. No negative
votes. Motion carried.
TIME: 10:45 p4m.
Sharon Loechler
Secretary
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