1971 12 20
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CHANHASSEN VILLAGE COUNCIL MINUTES - December 20, 1971
The regular Chanhassen Village Council meeting on December 20, 1971,
was opened with the Pledge to the Flag. The following members were
present: Mayor Coulter, Councilmen Bennyhoff, Klinge1hutz, Neils
and Wolf.
COUNCIL MINUTES: A motion was made by Councilman Klingelhutz and
seconded by Councilman Neils to approve the minutes of December l3,
1971. The following voted in favor thereof: Mayor Coulter, Council-
men Bennyhoff, Klinge1hutz, Neils and Wolf. No negative votes.
Motion carried.
PARK AND RECREATION COMMISSION MINUTES: A motion was made by
Councilman Bennyhoff and seconded by Councilman Wolf that the
Park and Recreation Commission Minutes of December 7, 1971, be
noted and read. The following voted in favor thereof: Mayor Coulter,
Councilmen Bennyhoff, Klinge1hutz, Neils and Wolf. No negative votes.
Motion carried.
PLANNING COMMISSION MINUTES: A motion was made by Councilman
Klingelhutz and seconded by Councilman Neils that the Planning
Commission Minutes of December 14, 1971, be noted and read. The
following voted in favor thereof: Mayor Coulter, Councilmen
Bennyhoff, Klinge1hutz, Neils and Wolf. No negative votes. Motion
carried.
Amotion was made by Mayor Coulter and seconded by Councilman Wolf
that the Agenda include all items necessary to conclude this
business year. The following voted in favor thereof: Mayor Coulter,
Councilmen Bennyhoff, K1ingelhutz, Neils and Wolf. No negative votes.
Motion carried.
BILLS: A motion was made by Councilman K1ingelhutz and seconded by
Councilman Neils that the monthly bills be approved as corrected.
The following voted in favor thereof: Mayor Coulter, Councilmen
Bennyhoff, Klinge1hutz, Neils and Wolf. No negative votes. Motion
carried.
A motion was made by Councilman K1inge1hutz and seconded by
Councilman Bennyhoff that the Council notes that Programs 5-442 and
5-443 have gone over the budgeted amount. The following voted in
favor thereof: Mayor Coulter, Councilmen Bennyhoff, Klingelhutz,
Neils and Wolf. No negative·votes. Motion carried.
Mayor Coulter stated that he would like to receive a final statement
for the year of 1971, even though he will not be in office.
LAKE ANN PARK CONTRACT: The Administrator reported on his meetings
with Park Construction and Brauer and Associates. He recommended
that the Village charge 10 calendar days for liquidated damages to
Park Construction and withhold 25% of item #4.01 plus a 10% retainer
until the project is completed. In return for this, Park Construction
has agreed not to bring claim or suit against the Village of Chanhassen
in connection with this construction pro~ect.
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CHANHASSEN VILLAGE COUNCIL MINUTES - December 20, 1971
-2-
LAKE ANN PARK CONTRACT (contd): A motion was made by Councilman I
Bennyhoff and seconded by Councilman Neils that the Village of
Chanhassen pay Park Construction 75% of item #4.01 less lO days
liquidated damages ($750.00), less a 10% retainer until the
project is given final approval. This amounts to $722.26 more
than was submitted with the bills on this date. The following
voted in favor thereof: Councilmen Bennyhoff, Klingelhutz, Neils
and Wolf. Mayor Coulter voted no. Motion carried.
METROPOLITAN SEWER BOARD: A motion was made by Councilman Bennyhoff
and seconded by Councilmãn Wolf that the monthly charge of
$3,946.74, payable on the first of each month, be paid as an
automatic bill during the year of 1972. The following voted in
favor thereof: Mayor Coulter, Councilmen Bennyhoff, Klingelhutz,
Neils and Wolf. No negative votes. Motion carried.
At this time Mayor Coulter stated that it was his great pleasure
to have worked with Kay Klingelhutz for the past 8 years.
MINNEWASHTA HEIGHTS LOTS: A motion was made by Councilman Wolf
and seconded by Councilman Bennyhoff that the Village of
Chanhassen accept the dedication of Lots 2 and 3, Block 2, I
Minnewashta Heights, at no cost to the Village. The Village
agrees to pay all appraisal and legal fees incurred. The following
voted in favor thereof: Mayor Coulter, Councilmen Bennyhoff,
K1inge1hutz, Neils and Wolf. No negative votes. Motion carried.
WANNINGER BODY SHOP: A motion was made by Mayor Coulter and
seconded by Councilman Neils to authorize the Village Attorney to
take whatever action is necessary to resolve the Wanninger Body
Shop zoning problem. The following voted in favor thereof:
Mayor Coulter, Councilmen Bennyhoff, Klingelhutz, Neils and Wolf.
No negative votes. Motion carried.
STREET DESIGNATION: A motion was made by Councilman Bennyhoff and
seconded by Councilman Wolf to approve the Street name changes
as recommended by the Planning Commission in their Minutes of
December 14, 1971, and shown on Exhibit A. The following voted in
favor thereof: Mayor Coulter, Councilmen Bennyhoff, Klinge1hutz,
Neils and Wolf. No negative votes. Motion carried.
VALLEY AUTO PARTS: A motion was made by Councilman Neils and
seconded by Councilman Wolf to take no furhter action on the
Valley Auto Parts conditional use permit application until an
approved perculation test has been submitted. The following voted
in favor thereof: Mayor Coulter, Councilmen Bennyhoff, Klingelhutz,
Neils and Wolf. No negative votes. Motion carried.
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CHANHASSEN VILLAGE COUNCIL MINUTES - December 20, 1971
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WESTERN CONCRETE: A motion was made by Councilman Wolf and
seconded by Councilman Neils to delay any action on this matter
until the material requested from the Park and Recreation
Commission and the Village Engineer has been submitted. Material
to be submitted prior to the first meeting in January. The
following voted in favor thereof: Mayor Coulter, Councilmen
Bennyhoff, K1ingelhutz, Neils and Wolf. No negative votes. Motion
carried.
The Village Attorney would like the minutes to reflect that he has
always stated that Western Concrete is in violation of Ordinance
#15.
RIVIERA CLUB: A motion was made by Councilman K1ingelhutz and
seconded by Councilman Bennyhoff to adopt the following Resolution
#122071-1:
A resolution that an "on sale" liquor license including
Sunday sales, and "on sale" nonintoxicating malt liquor
license be issued to the Riviera Club, Inc., incorporated
on December 14, 1971, upon approval of its application by
the Village Attorney and payment of necessary license fees
on a pro-rated basis to April 30, 1972, and payment of
fees of Village Attorney incurred by the Village in
connection with said application and all matters related
thereto.
The following voted in favor thereof: Mayor Coulter, Councilmen
Bennyhoff, Klinge1hutz, Neils and Wolf. No negative votes.
Motion carried.
CIGARETTE LICENSES: A motion was made by Councilman Neils and
seconded by Councilman Bennyhoff that the following cigarette
license appp1ications be approved upon payment of fee:
American Legion Post #580
Animal Fair, Inc.
Bart's Pharmacy
Bob's Super Market & Family Center
Chalet Pizza
Chanhassen Dinner Theatre, Inc.
Chanhassen Mileage
Chanhassen Standard Oil
Clemens J. Menden, Conoco
M. A. Gedney Company
Imperial Service Station
Jerry's Old West Bar
Kenny's Market
Leach's Resort
Nugget Cafe
Pauly's Bar, Inc.
Riviera Club
Chanhassen D-X
The following voted in favor thereof: Mayor Coulter, Councilmen
Bennyhoff, K1ingelhutz, Neils and Wolf. No negative votes. Motion
carried.
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CHANHASSEN VILLAGE CQUNCLL MINUTES - Decembe~ 20, ~97~
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NORTH SERVICE AREA: A motion was made by Councilman Bennyhoff I.
and seconded by Councilman Neils that the date for the public
hearing on the North Service Area, be set for January 12, 1971,
at West Junior High School. The following voted in favor thereof:
Mayor Coulter, Councilmen Bennyhoff, Klingelhutz,Neils and Wolf.
No negative votes. Motion carried.
CHASKA FLOOD CONTROL: A motion was made by Councilman Bennyhoff
and seconded by Councilman Neils recommending that Al Klinge1hutz
be appointed to the Advisory Committee for the Diversion of
Chaska East and West Creek. The following voted in favor thereof:
Mayor Coulter, Councilmen Bennyhoff, Klingelhutz, Neils and Wolf.
No negative votes. Motion carried.
A motion was made by Councilman Wolf and seconded by Councilman
Bennyhoff to adjourn. The following voted in favor thereof:
Mayor Coulter, Councilmen Bennyhoff, K1ingelhutz, Neils and Wolf.
No negative votes. Motion carried.
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TIME - IO:05 p.m. /
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Adolph Tessness
Clerk-Administrator
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