7. Consider Variance to Construction Work Hours for Royal Oak Estates Project 93-12 : C
TY 0 F 7
-.0--
4
CHANHASSEN
,
I
690 COULTER DRIVE • P.O. BOX 147 • CHANHASBEN, MINNESOTA 55317
.
II (612) 937-1900 • FAX (612) 937-5739
k
:1 MEMORANDUM
4 TO: Charles Folch, City Engineer
•
I FROM: Dave Hempel, Assistant City Engineer 4000-•
., II
. • DATE: July 21, 1993
SUBJ: Consider Variance to Construction Work Hours for Royal Oak Estates
,
' I , Project No. 93-12
I Attached is a letter from the developer, Mr, - , ' , tt Davidson, requesting a variance to the
working hours in Royal Oak Estates, Proje ic o193-12. The City's standard specifications
and development contracts limit construct' 111 hoijrs to 7:00 a.m. to 7:00 pm. on weekdays
' I and 9:00 a.m. to 5:00 p.m. on Saturdays wi no construction activity allowed on Sundays or
recognized legal holidays. Due to the already wet soil conditions and anticipated fall-like
weather conditions, the developer is requesting a va4pace to allow work to occur from 7:00
a.m. to 7:00 p.m., only on Saturdays to,:telp expedite: • e project.
e3
Attached is a map of the project area. ' The area is so it - hat located in the remote portion
,
of the city with very few houses ' ,, • ediately adjacent 'I ,the development. Staff does not
anticipate dramatically affe '„, f the surrounding neighbors by adjusting the work liours.
Staff does recommend the, , C i'lg hours be adjusted to 8:00 a.m. to 6:00 p.m. on Saturday
1 instead of the requete a.m. to 7:00 p.m. work hout
w„ -•..z.v,,z, ..-t*,.9- 1 1447:
,•,. , It is recornmen I , , . , i-.,' 1 . 1 ,:, ''. . ,;:,,. 9 :1 : .. •• ,„, , ,•,, „0„, • ! .1 .„4, • ' ,, ork hours for
1 ,,
Royal Oak Es 1' -t, ' •• 'ect No. 93-12 be adjuste • to a.m. 11 a•. o • . ii •11A- on Saturdays.
The variance in the co lc:, i,, .,, ,i, lours shall be limited to site grad • an • utility and street
•
construction aspects of the prole
I jms ,e. 2
. .
1 Attachments: 1. Project location map.
. 2. Letter from Brett Davidson dated July 14, I NOICIAL ENGINEERING COPY
I c: Brett Davidson $ecelved .
Phil Gravel, Bonestroo, Rosene, Anderlik & Associates Revision No.
I
a r t Approved by City Engineer
Date -1 IzzAei 1 cl I +14-10,..
vie 4r7 PRINTED ON RECYCLED PAPER Approved by City Council
1 Date _
1
1
1
1
1
1
1
1
1
1
(.;
D 9. FrHIL1E
1 0. ASHTOR
n n ° N ' 4;1,-- $ N a g g $ ° co
- .:, = _y = MAN R RD _ _ ( o� (11 • LIE AC It
1 5E',� •1� �1� % � °un�5'�vr al 1111• • iii Win p,f G: : • t �4„ <r . iii ■ �1
1 limo, �G �u''- i ' �► aw . , iir A l RMAN F /ELD i , Vg_'".1 '^ �- 2 ■ _-
�1 . [l PARK , ��,�� . �rl� PARK 1 Z ��.r11� .:'' - �� ■ G "lid ''' ) r
,-.... will
1 LAKE 1 1 At j Pg. i
1p.
7 I P �;�
I h ` - v
��/
\ 7 REG /ONAL (,
& .;(,W PARK a - - _ 1 t AKf 11 -, .
mai �_ N,iRR /fON 41 LAKE LUCY . E
I
Lom 1 ' Q PROJECT LOCATION
Adrr -4..‘ . J
.41 J r •
1
cv O
T,"
' ° "+ 4‘'..- . it 1 LAKE ANN
I
DRIVE \ .
4 ;41 ././ ,
( l AKEr
ANN
at ' PA K
1 1
POND `
-HIGHWAY r�� A R:� �� ,.„
i BOULEVARD
1 1 Mar
j
i
1 )GLY ROM' !_ ?- 14#
% , p...„9,„ . A 1),--
82ND STREET POND POvO
- ---Ii ■ 0.__/ u
____, . .
G. I''' Wil.1-
1
Z j g A , C V O ! .0
..
_i
__Z ATTACHMENT
1 - ( (C R 181 1 I - - //Y r r 1 ,.
1
1
July 14, 1993
Bret A. Davidson
Royal Oak Estates
7291 Galpin Blvd
Excelsior,' MN 55331
Dave Hempel - ' 111 Asst. City Engineer
City of Chanhassen
690 Coulter Drive
Chanhassen, MN 55317
Dear Mr. Hempel,
I am writing this letter to request that the City of
Chanhassen approve extending construction hours to 7:00 a.m.
to 7:00 p :m. on Saturdays at Royal Oak Estates. As you are
aware the extremely wet spring and summer has delayed most
construction work. In addition, the ground is now so
saturated that additional time is going to be required to
complete construction.
Royal Oak Estates is in a relatively sparsely populated area
and I believe the increased hours of operation on Saturdays
would have no detrimental affect on the surrounding areas.
The increased working hours should help us make up for lost
time and also help the timetable for the City of
Chanhassen's trunk utility project No. 92 -5. Thank you.
Sincerely,
//
CITY OF CHANHASSEN
MI M [
Bret A. Davidson JUL 15 1993
Developer, Royal Oak Estates
ENGINEERINC DEPT.
1
1
ATTACHMENT 2
I/" 4 Vi=i, / a-- 1 CITY OF
,
CHANHAE
01"0"' i JP
� t„,
s c„,
1
6 90 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317
I - '..4 Ovr
(612) 937 -1900 • FAX (612) 937 -5739
I MEMORANDUM
I TO: Don Ashworth, City Manager
FROM: Karen Engelhardt, Office Manager •►i:`,
i DATE: July 26, 1993
I SUBJ: Approve Liquor Concession Agreement, International Theatres Corporation/
Century Park Pictures Corporation (CPPC)
1
Century Park Pictures Corporation (CPPC) is in the process of purchasing all the outstanding
I stock of International Theatres Corporation (ITC) /Chanhassen Dinner Theatres from International
Broadcasting Corporation (IBC -- parent company of ITC). The closing is expected to take place
on July 28, 1993. This sale will require that the liquor license be transferred to Century Park
1 Pictures Corporation.
Since a liquor license transfer cannot be accomplished in this short time line, the attached Liquor
I Concession Agreement has been prepared by their attorney for the Council's consideration.
Basically, the agreement allows International Theatres Corporation to continue to sell liquor at
the Chanhassen Dinner Theatres until the liquor license transfer has been completed and approved
I by the City Council and State Liquor Control Department. International Theatres Corporation
will continue to carry the liquor liability insurance until the transfer to CPPC is completed.
[Note: This is the same process we used when Bloomberg Companies sold the Dinner Theatres
I several years ago.]
I Roger Knutson has reviewed the attached agreement and would like to see a revision made to
the section regarding fees. He suggests that the Council approve the agreement with the
stipulation that he work with their attorney on revising this section.
1 RECOMMENDATION
I Staff recommends that the City Council approve the attached Liquor Concession Agreement
conditioned upon the City Attorney and their attorney working on a revision to the section
regarding fees.
is
tot PRINTED ON RECYCLED PAPER
WILLIAM C. PRIBBLE, JR. b `s
ATTORNEY -AT -LAW
July 22, 1993 993
o
BY FAX AND U. S. MAIL '
612.937.5739
1
Ms. Karen J. Engelhardt
Office Manager
City of Chanhassen
690 Coulter Drive
P.O. Box 147
Chanhassen, MN 55317
1
re: International Theatres Corporation ( "ITC ") -
Century Park Pictures Corporation ( "CPPC ")
1
Dear Ms. Engelhardt:
As we discussed July 21, 1993, I have prepared and enclose for your '
consideration a Liquor Concession Agreement (the "Agreement ")
between ITC and CPPC. I prepared the Agreement to reflect CPPC's
purchase of all the outstanding stock of ITC from International
Broadcasting Corporation ( "IBC "). CPPC and IBC expect to close on
that purchase during the week of July 26, 1993.
It is anticipated that the preparation and filing of such documents '
that may be required to document the change of ownership will not
be accomplished contemporaneously with the IBC - CPPC closing. The
Agreement permits the continued operation of Chanhassen Diner
Theatre pending the documentation of the change of ownership.
Please advise the Agreement is satisfactory for filing with the
Council. If it is we will undertake to have it executed and filed.
Thank you for your courtesies. '
Sincerely,
•ri le r. 1
enclosure 1
cc: Century Park Pictures Corporation (by FAX)
/wP 1
cppc \engelhardt '
13100 WAYZATA BOULEVARD, SUITE 120, MINNETONKA, MINNESOTA 55305 (612) 593 -0041
FAX (612) 593 -1721 1
PROFESSIONAL ASSOCS. TEL No.612 -593 - 1721 Jul 26,93 15:58 No.007 F.02
1
QUOR CONCESSION AGREEMZNT
This is an agreement between International Theatres
Corporation, a Minnesota corporation, with offices in Chanhassen,
1 Minnesota ( "ITC ") and Century Park Pictures Corporation, a
Minnesota corporation, with offices in Minneapolis, Minnesota
' ( "CPPC ") and it provides that:
WHEREAS, CPPC is about to purchase all the outstanding
stock of ITC, the holder of certain permits from the Minnesota
State Liquor Commission (the "Commission ") and the Chanhassen City
Council (the "Council ") which permits ITC to sell alcoholic
1 beverages at Chanhassen Dinner Theatres ( "CDT "), and
WHEREAS, CPPC will be unable to document the transfer of
ownership of ITC until substantially after the anticipated closing
own p
of the transaction; and
WHEREAS, substantial damages will befall CDT and many
' jobs lost unless alcoholic beverages are sold on the Theatre
1 premises and therefore it is agreed that:
FIRSTS q JCESSIQN - ITC agrees to operate CDT until such
1 time as cPPC documents the transfer of ownership of ITC to the
satisfaction of the Commission and the Council or until October 1,
1 1993, whichever comes earlier.
SECOND: INSURANCE - CPPC shall carry general liability
insurance, including Liquor Liability and Dram Shop coverage,
1 naming ITC as an additional insured party.
THIRD: FEES - ITC shall receive monthly, all the net
1 income from all sales requiring a liquor license not to exceed
$1,000 per month.
cpcWouori,rrc 1
PROFESSIONAL AS SOCS. TEL No.612- 593 -1721 Jul 26,93 15 :58 No.007 P.03
1
?GIRTH; STET INCOME - Net income, which is to be
determined by CPPC, is defined as all income from the sale of
alcoholic beverages less the cost of inventory, labor, rent,
utilities, equipment, payroll taxes, management fees and ,
depreciation. ITC agrees to be bound by CPPC's determination of
Net Income.
$IFTH: EMppOYE$$ - CPPC employees shall staff the 1
various locations requiring liquor licenses under the overall
supervision of ITC. ITC will pay a management fee to CPPC for the '
services of these employees but, under no circumstances, shall ITC
be considered their employer. CPPC shall: (a) be responsible for
all payroll deductions and withholding taxes, (b) carry all '
required insurance, and (c) be responsible for providing a safe
work place under the Minnesota State Labor Laws. ,
SIXTH: COLLECTION or REVENUE - CPPC employees shall be
responsible for the collection of all revenues generated by sales
of alcoholic beverages at CDT. '
DEVENTH: NO ASSIGNMENT - This Agreement shall not be
assignable by CPPC or ITC. 1
THE PARTIES HERETO have caused this Agreement to be duly
and properly executed as of this day of July, 1993. 1
INTERNATIONAL THEATRES CORPORATION CENTURY PARK PICTURES CORPORATION
By: _ BY:
1
cPPcwaua;FTC 2 1