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1968 02 05CHANHASSEN VILLAGE COUNCIL MEETING FEBRUARY 5, 1968 The Chanhassen Village Council met in regular meeting February 5, 1968, at 8:00 P.M. The following members were present: Mayor Coulter, Councilmen Hill, Pearson, Bennyhoff, and Klingelhutz. The meeting was opened with the Pledge to the Flag. The minutes of the January 15th meeting were discussed. On a motion made by Councilman Hill and seconded by Councilman Klingelhutz the minutes were approved as submitted. The following voted in favor thereof: Councilmen Hill, Bennyhoff, Klingelhutz, and Pearson. No negative votes. Mayor Coulter reminded the Council that on February 8, 1968, at 8:00 P.M. there will be a meeting with the Village of Victoria Officials and the Village of Chanhassen. PARK & RECREATION: The January 18th and February lst Park and Recreation Minutes were read. Rich Lyman representing the Park and Recreation Commission was present and explained the summer program of the South Shore Community Council. He also explained that the program is strictly for recreation and not competition. On a motion made by Councilman Klingelhutz and seconded by Councilman Hill that the minutes of the Park and Recreation meetings dated January 18 and February l be approved. The following voted in favor thereof: Councilmen Hill, Klingelhutz, Pearson, and Bennyhoff. No negative votes. It was also brought up that the Park and Recreation Commission is short two members. Mr. Gilbert Jensen has been contacted and he stated he is willing to serve on the Commission. It should be noted that he is also serving as instructor for the Boys Basketball to be held at the new Chanhassen Elementary School. A motion was made by Councilman Hill and seconded by Councilman Pearson appointing Gilbert Jensen to serve on the'Park and Recreation Commission. The following voted in favor thereof: Councilmen Pearson, Hill, Bennyhoff, and Klingelhutz. No negative votes. TEENAGE NIGHT CLUB: Mr. Don Hanus was present asking permission to remodel his present building known as the Chanhassen Auto Body Shop to operate a teen center, to be called "Some Place Else Club ". The Council told Mr. Hanus that the Planning Commission has not made their recommendation to the Council. Mr. Bob Reichert, Chairman:of the Planning Commission and Al Barnacle, Planning Commission member, were present. Mr. Reichert stated that he has verbally polled each Planning Commission member and it is their feeling that a public hearing should be held before any decisions be made. Mr. Reichert also stated that their minutes of the February 6th meeting will so state. A large delegation of interested citizens were present. Two petitions were presented to the Council by John Havlik. The petitions were objecting to this:type of business. One petition was signed by local businessmen and the other was signed by homeowners living very close to the proposed night club. Mr. Flaherty was present, he would.manage this club, he stated that he runs a club like this in Robbinsdale. A letter was presented to the Council from the Mayor of Robbinsdale. Several newspaper articles were passed around to read regarding pros and cons on the operation of this club. A discussion followed as to how much parking area there is, how drinking is controlled, how it is policed, etc. February 5, 1968, minutes continued The Council's feeling in general is that there has.to be a great deal more information obtained before they could act on this. Francis Klein, Chanhassen Chief of Police, was asked to speak and give his views. Mr. Klein stated the police department's biggest concern would be the influx of teenagers coming and leaving the night club. He stated that they would need to put at least two more Policemen on duty. They would have to ride double in a car. He felt that maintaining order on the public.streets would be quite a problem. Each Councilman was then polled as to their feelings. Mayor Coulter: I need a lot more information on.this. I would then want the following investigations made (1) Police department.to make a thorough investigation, (2) Park and Recreation investigate the operation, (3) Village Council members look very closely into this, (4) a committee of seven concerned citizens to investigate, and (5) that a public hearing be held at a later date. Councilman Pearson: I feel I do not have enough information at this time. I also feel that the proposal the Peace Officers made a few months ago for our local teenagers would suit the needs for this Village. This would provide a well run place for.our teenagers to go. Councilman Klingelhutz: He could not give an answer until he had more information. Councilman Bennyhoff: He did not believe that the Village needed 500 teenagers congregating in one area. I would want a complete police report. Councilman Hill: Not in favor.of this type of club. I do not favor either what Mayor Coulter suggested. I believe this should be referred to the Park and Recreation Commission. Councilman Hill moved that the application from Don Hanus for a teenage club be refused, rejected, turned down, and that the.question of the need for the facilities for this type of recreation be referred to the Park and Recreation Commission. Motion seconded by Councilman Klingelhutz. The following voted in favor thereof: Councilmen Hill, Klingelhutz, Bennyhoff, and Pearson. No negative votes. RESOLUTION: On a motion made by Councilman Hill and seconded by Councilman Bennyhoff that the following resolution be adopted. Be it resolved by the Council of the Village of Chanhassen, Minnesota, as follows: 1. On or before October 10 in each of the years 1968 through 1980 the Treasurer shall transfer to the sinking fund established by resolution of this Council dated September 22, 1966 for payment of the•$50,000 Municipal Building Bonds of the.Village dated October 1, 1966, out of any moneys then on hand in the general or other funds of the.Village and not required to be used for any other.purpose, including amounts collected for on -sale and off -sale liquor license fees or for water or sewer service provided by the Village, a sum sufficient to pay the principal of and interest on all bonds of said issue coming due in the following calendar year and on or before April 1 in the next succeeding, year., which transfer shall be irrevocable after October 10. 2. On October 10 in each year the Clerk shall certify to the County Auditors of Carver and Hennepin Counties the balance then on hand in said sinking fund and shall instruct said County Auditors to reduce the tax for that year levied in said resolution for the payment of such principal and interest by the amount so certified. The following voted in favor thereof: Councilmen Pearson, Hill, Bennyhoff, and Klingelhutz. No negative votes. February 5, 1968 minutes continued (page 3) TEL- E =LECT: Mr. Toensing and Mr. Wm. Beim were present from Tel- E -Lect. Attorney Larson explained to the Council the need for calling the Public Hearing on February 12, 1968 at 8:00 P.M. to have the use district of Tel- E -Lect changed from Industrial to a Planned Industrial District. Councilman Bennyhoff moved that the Council ratify Al Klingelhutz's (Acting Mayor) decision to have a Public Hearing on February 12, 1968, at 8:00 P.M. Councilman Hill seconded the motion. The following voted in favor thereof: Councilmen Hill, Pearson, Bennyhoff, and Klingelhutz. No negative votes. ZONING ORDINANCE: The new proposed ordinance providing for the establishment of Planned Industrial Districts and defining and regulating the uses permitted therein was read. There was considerable amount.of discussion on the ordinance. Tel- E -Lect representatives were asked if they could live with this ordinance. Mr. Beim replied that the ordinance was very ridig but they could live with it. Mr. Bob Reichert explained that the Planning Commission would discuss this ordinance tomorrow evening at their meeting. The Council was informally polled -as to how they feel toward the passage of this Zoning Ordinance. Councilman Pearson - approve, Councilman Bennyhoff - approve, Councilman Klingelhutz - approve, Councilman Hill - disapprove. Councilman Bennyhoff moved that the informal minutes of the meeting with Tel- E -Lect on Januar_y_22,, 1968, be approved as amended and become a part of the Village minutes. The amendment being adding "Tel- E -Lect emphasized that these plans were illustrative but not firm" Motion seconded by Councilman Klingelhutz. The following voted in favor thereof: Councilmen Pearson, Bennyhoff, Hill, and Klingelhutz. No negative votes. Councilman Hill moves that the Attorney be instructed to check into the law to see if we need a Board of Adjustment and Appeals and if we need an ordinance of such. Motion seconded by Councilman Pearson. The following voted in favor thereof: Councilmen Hill, Pearson, Klingelhutz, and Bennyhoff. No negative votes. Councilman Hill stated that after the introductions are made at the Public Hearing on February 12, 1968, he would like to make a statement. PLANNING COMMISSION: Councilman Hill moved that the Village Attorney prepare an ordinance establishing a Planning Commission, in consultation with the present Planning Commission. The ordinance to require that all matters pertaining to planning and zoning go to the Planning Commission; the Planning Commission hold the Public Hearings; prohibit contrary action by the Council within thirty days after submission on recommendation by the Planning Commission. Motion seconded by Councilman Klingelhutz. The following voted in favor thereof: Councilmen Pearson, Hill, Klingelhut and Bennyhoff. No negative votes. JUNK CAR COMPLAINT: Mr. Franklin Kurvers was present complaining about all the junk cars stored by Milt's Standard Station. The Clerk was asked to read the minutes of March 22, 1966, when this property was rezoned. The Planning Commission recommended and the Council approved the rezoning with the stipulation that there by no storing of junk and that a clean station be maintained. Councilman Bennyhoff instructed the Clerk to send a letter to Standard Oil and to Milt Anderson stating that the situation constitutes a violation under the zoning land use Ordinance #5 and that all cars should be removed immediately. NUISANCE ORDINANCE #22: Councilman Klingelhutz moved that Ordinance #22, entitled "Nuisance Ordinance" be.adopted..!Motion seconded by Councilman Pearson. The following voted in favor thereof: Councilmen Pearson, Hill, Bennyhoff, and Klingelhutz. No negative votes. FIRE HOSE BIDS: A discussion was held on-the bids received_for.Fire Hos.e... This was referred to the Fire Committee and will be brought-up next.Monday. On a motion.made by Councilman Bennyhoff and. seconded by Councilman. Pearson that this meeting be continued February_12, 1968, after the_ Public Hearing. The following voted in favor thereof: Councilmen Pearson, Hill, Bennyhoff, and Klingelhutz. TIME: 12:50 A.M. a Vlage u z vi Clerk 1 1