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5 a & b. PJ's Bar at TH 41 & 7. Use permit & Liquor License 1 ' ITY OF sA � PC DATE: 10/3/90�`{ CHA1HAEI s CC DATE: 10/22/90 I CASE #: 90-4 CUP IBy: Olsen & Krauss/v II STAFF REPORT il I PROPOSAL: Conditional Use Permit for a 5,800 Square Foot Restaurant with Bar Iz Q LOCATION: Seven Forty One Crossing Shopping Center U II J APPLICANT: Jeff Irrthum HSZ Development a 3667 Falcon Way 123 No. 3rd St. , Suite 808 IEagan, MN 55123 Minneapolis, MN 55401 9::mt II II PRESENT ZONING: BN, Neighborhood Business District 1 ACREAGE: DENSITY: 1 ADJACENT ZONING AND LAND USE: N - BN; SuperAmerica I S - RSF; single family E - RSF; single family Q W - RSF; single family WATER AND SEWER: Available to the site. PHYSICAL CHARACTER. : The site is currently developed as a I W shopping center with a SuperAmerica Station located directly to the north of the shopping center. 2000 LAND USE PLAN: Commercial II I 1. a . • .43 N D 1 oti O o L 8 8 8 8 _ al 8 N N N N K Cd T4-8 at E ; $ I N � R R: I _ /O _ Ilrizob:,*-, Inazz5vorarci illr4Iffrish". a ' ii „ay. 0 ... .... • r _,. ... ...__woe, 7_, *lir,______. _.� ... ' 111iiiiiPAilti-4- ih.4.1-4*4i I . ,, 9",,E,,,,„„ _ ..... ..„, . , br MELIA". aitillwa - q .1 dila" . a ma.. Mame . .4;1_41;14 A II kl) -- Emr,„Atiok,4)2 . a,i--.2 iiii A 1,- . It ,ts,..... ,..--:ri • PEORDSEZ .44�NAi- no , , i� LA.SE- PeZ 1 4 IT I i 1 ' r 4,„1�, Vr l•►E b■ ,1 . MN t - RR II ._ . 11 - — E :..) NARRISON 1 • p,,f _ ,‘ • PUD— - MI 1 , . AU te ' • • _ wE - /1 ,►^' 0 . iii.11— - 1 • • ■ _ s . '•\ . ET r ____ _ I P.J. 's Restaurant I September 19, 1990 Page 2 PROPOSAL/SUMMARY The applicant is proposing to develop a 5,800 square foot restaurant with a bar. The restaurant is proposed to be located in the most easterly portion of the shopping center where it is furthest removed from the neighboring residential areas. The restaurant is called P.J. 's Restaurant and Bar and will be providing casual restaurant atmosphere with a bar attached as an extension of the restaurant (Attachment #5) . The concept has been compared with a sports bar having some similarity to "Champps". The menu will include hamburgers, Reubens, chicken sandwiches and a salad bar. The seating make up of the restaurant and bar is approximately 60% (114) for restaurant and 40% (78) for the bar. The hours of operation are proposed at 11:00 a.m. to 12:30 p.m. , seven days a week. Access to the restaurant will be through the most easterly access entrance to the shopping center. The applicants are making a separate request for a liquor license. The application will be considered by the City Council independently of Planning Commission action. No Planning Commission review or recommendation of the liquor license by the Planning Commission is required and there are no specific zoning ordinance standards related to the license save for increased parking and setback standards. Due to the sensitive nature of the site and its background, staff was reasonably cautious in approaching our review of this request. We note that although this is located in a neighborhood business district, the ordinance provides little differentiation between restaurants allowed in this and more intensive commercial districts. The applicants were responsive to staff's .concerns regarding the intensity of use to the extent that the operation was changed from a 50/50 restaurant/bar seating arrangement to a 60/40 to emphasize that it's primary function will be food service. The applicant also was cooperative in addressing parking and landscaping/screening issues. It was also indicated that a revised center management team intends to be more responsive to the City's requests that site improvements be completed. Due to the staff concerns over the background of the site and previous neighborhood involvement, it was stressed that the applicants should hold a neighborhood meeting prior to the Planning Commission meeting. The meeting is scheduled for Monday, October 1, 1990. Parking was a major concern during this review since restaurants with liquor generate a much higher parking demand then normal retail. As a result of discussions with.staff, a proof-of-parking plan has been developed that will boost the number of available stalls if these are shown to be required. The proof-of-parking plan results in the elimination of a 4,000 square foot free standing retail building near the west property line. This building was approved within the original concept but remains I I 11 P.J. 's Restaurant September 19, 1990 Page 3 1 unbuilt. It's construction will not be allowed unless a parking study, completed after the center is fully occupied, indicates that sufficient stalls are available. 1 Based upon these findings, staff is recommending that the conditional use permit be approved with appropriate conditions. We realize that the operation may be viewed as controversial in light of the site's history but believe that the request is consistent with current ordinances. If intensity of use remains an issue, it could be addressed by the City Council with the liquor license request or could be further addressed by a reassessment of allowable uses in the BN District. BACKGROUND There has been a lot of history on this site culminating with the rezoning of the property from OI, Office Institutional to BN, Neighborhood Business. Originally, the request by the first applicant was to rezone it to commercial with higher intensity uses than permitted by the Neighborhood Business District. After a long ' process, the City did agree to rezone the property to Business Neighborhood District which is intended "to provide limited low intensity neighborhood retail and service establishments to meet 1 daily needs of residences" . On April 25, 1988, the City Council approved the first reading for the rezoning of the property at the southwest corner of Hwy. 7 and 41 from OI, Office Institutional to BN, Neighborhood Business District (Attachment #1) . On the same date, the Council also approved the subdivision of the subject property into 3 commercial lots and site plan review for a 26,000 square foot shopping center. An amended site plan was submitted to the City for City Council 11 approval and on July 25, 1988, the City Council approved the final site plan for the shopping center with the following conditions (Attachment #2) : 1. Submission of a revised landscaping plan prior to issuance of a building permit. 2. Submission of detail plans on the light standards and wall lights in the rear of the building. 3. Compliance with the recommendations of the Engineering Department. The shopping center currently contains neighborhood services such as a video store, a Subway Restaurant and a small Italian Restaurant recently approved under Conditional Use Permit 490-2. A day care center is in the process of locating at the center. The 1 1 I P.J. 's Restaurant I September 19, 1990 Page 4 daycare center is a permitted use. Staff administratively authorized the construction of an outdoor play area for the daycare on the south side of the building. In the process, several parking stalls have been eliminated without resulting in variances to the required parking. Additional screening of the rear of the building is being required. ' There are final improvements to the site which still need to be completed. A letter from Dave Hempel, dated August 29, 1990, lists the remaining improvements (Attachment #3) . The City has given the developer until September 10, 1990, to submit a letter of intent to complete the site improvements. On September 14, 1990, the City received a letter from Dick Heise providing a proposal to complete the site improvements (Attachment #4) . The improvements shall be completed by November 15, 1990. The weeds on the site have been mowed. Site Conditions The site plan approval for the Seven Forty One Crossing Shopping Center included several conditions and site improvements that were required as part of the approval. Staff has had several contacts with the developers of the shopping center to have several improvements to the site completed, which as of this date are still yet to be done. In a letter from Dave Hempel dated August 29, 1990, the City informed the developers that if progress was not made immediately on the site, the City would begin to draw down on the letter of credit to complete the improvements necessary. The outstanding items to be completed are as follows: 1. Finish street and storm sewer construction on 64th , Street. 2. Repair erosion damage in the pond lying south of the retail center. 3. Replace dead landscaping on retail site. ' 4. Remove weeds around retail site and replace with sod or seed to stabilize slopes. , 5. Complete landscaping as shown on the approved plans dated November 9, 1989, via Sumac, etc. In a meeting with the applicant, staff stressed the importance of the site being completed as approved prior to the Planning Commission and City Council reviewing additional use of the site. Staff again visited the site on September 25, 1990, and found that the weeds had been mowed. The applicant has until November 15, 1990, to complete the improvements or the city will draw down on 1/ I 1 1 P.J. 's Restaurant September 19, 1990 Page 5 1 the letter of credit to make the improvements. 1 PARKING/LANDSCAPING The owner of the property has until November 15, 1990, to complete improvements to the site, including finishing landscaping. The applicant has agreed to provide 4 additional coniferous trees at the rear of the restaurant to provide additional screening. A revised landscaping plan should be provided for staff approval. A ' letter of credit is required. Parking provisions were a major concern of staff during review of this application. The site currently meets ordinance requirements ' even after deducting the stalls that are being removed to accommodate the daycare play area which is located at the rear of the structure. However, it must be stressed that the Zoning ' Ordinance does not provide entirely adequate direction in determining parking standards for multi-tenant buildings such as the one where PJ's Restaurant is proposed to be located. ' Currently, the ordinance requires that there be 1 stall for each 200 square feet of gross floor area for shopping centers. However, the ordinance encourages the City to use other means to determine parking requirements for multi-tenant buildings. This is ' 'particularly important in cases such as this where the parking demand listed in the ordinance for a restaurant with liquor rises to 1 stall for every 50 square feet of gross floor area or 1 stall Iper 2 seats, whichever is greater. Staff used a variety of means to determine parking requirements for this proposal. We contacted other communities, most notably, Minnetonka, to ascertain what sorts of parking requirements were utilized in locating the new Champps Sports Bar and if in fact these provisions have proven to be adequate since the restaurant is 1 now open. We found out that there is 1 stall for every 36 square feet of gross floor area for the Champps facility which admittedly generates a very high turnover that is not likely to be duplicated with PJ's Restaurant. However, it should also be noted that employees of the Champps Restaurant are required to park off-site, so all stalls available under the ordinance are available for customers. Thus, staff settled on using the 1 per 36 square foot ' requirement for the PJ's Restaurant. We did not feel it was appropriate to apply a similar standard to the two other food operations located in the shopping center. This includes the ' Subway Restaurant, which is largely take-out, and the small Italian Restaurant. Based on actual operating experience, we have verified that approximately 11 cars are the peak requirement for each of these establishments. Thus, staff computed the following requirements: 1 1 I P.J. 's Restaurant September 19, 1990 Page 6 Subway Restaurant 11 stalls Italian Restaurant 11 stalls PJ's Restaurant (5,500 s. f. at ) stall/36 s.f) 152 stalls Remaining Retail (17,288 s.f. at 1 stall/200 s.f. ) 87 stalls I TOTAL 261 stalls The calculation illustrated above does not include parking ' requirements for the 4,000 square foot future building illustrated on the plans. Utilizing the 1 stall per 200 square foot standard, if this building were to exist, it would require an additional 20 stalls bringing the grand total required on site up to 281. The original site plan was developed with 212 parking stalls of which some 7 stalls were eliminated to accommodate the daycare center outdoor play yard. Thus, there are 205 stalls currently located on the site. With a total gross requirement of 281 stalls and a current availability of 205 stalls, there is obviously a significant shortfall that must be remedied if the PJ's Restaurant proposal is to be considered favorably. Staff worked extensively with the applicants to develop a new parking plan. A number of, opportunities were explored, some of which, including granting a variance to the 50 foot setback required along the east property line, were rejected by staff. Other opportunities included the restriping of the parking lot to use the 81/2 foot wide stalls currently allowed under the ordinance that was recently redrafted, reconfiguring the parking lot to , improve efficiency and the elimination of the 4,000 square foot free standing retail building. As a result of these discussions, a proof-of-parking plan has been developed that would provide a total of 261 parking stalls if fully implemented. This is sufficient to meet ordinance requirements as defined by staff since the proof-of-parking plan results in the elimination of the free standing retail building so that the total parking requirement is also 261 stalls. Staff is generally satisfied with the proof-of-parking plan, 1 although it needs to be refined in two areas. The first is that calculations need to be provided demonstrating that the relocated parking lot islands provide sufficient green space to meet ordinance requirements. The second is that a revised landscaping plan needs to be provided that is compatible with the proof-of- parking plan and with city requirements. With these provisions in mind, staff is comfortable with the plan and with the fact that this would be provided as proof-of-parking stalls rather than requiring actual construction immediately. We believe that the II II P.J. 's Restaurant September 19, 1990 Page 7 I calculation of parking requirements is often more of an art than a science and that through the use of the proof-of-parking plan, ultimate needs for the site can be accommodated without requiring IIundue expenditure of funds initially. There are, however, two further items regarding the proof-of- parking plan that warrant discussion. The first is that staff is II recommending that the 9 parking stalls illustrated on the east side of the building actually be required to be constructed with the opening of PJ's Restaurant. We believe these stalls are required 11 so that employees may be forced to parked at the rear of the building, thus freeing up parking stalls in front of the restaurant for customer traffic. We also wish to note that we have agreed II with the applicant that while the proof-of-parking plan requires the elimination of a free standing 4,000 square foot retail building, that there may be some opportunity to reconsider the construction of this building at some point in the future. Staff II has indicated a willingness to reconsider the possible construction of this building under the following circumstances. The applicants must be willing to compensate the city for a parking analysis that II would be completed by a consultant working for the city. This analysis would only be acceptable if it were undertaken at some point in the future where a substantial portion of the building is fully leased and the PJ's Restaurant is in full operation so that II actual operational parking requirements in the shopping center can be verified. If this study concludes that there is a surplus amount of parking, then staff would be willing to reconsider the I possible construction of the free standing building. Another requirement for the proof-of-parking plan is that there be a condition applied to this request that would prevent the I installation of any additional food service or restaurant establishments in this shopping center. Since food service establishments generate excessive parking demand and since this shopping center is already going to be maximized relative to I parking availability, we believe that it would be inappropriate to allow any further food service operations at this site. IIBUSINESS NEIGHBORHOOD DISTRICT REGULATIONS Section 20-691 states that the intent of the BN District is to 1 provide for limited low intensity neighborhood retail and service establishments to meet daily needs of residents. Permitted uses in the BN District include convenience stores without gas pumps, neighborhood oriented retail shops, day care centers, professional II offices, private clubs and lodges, and shopping centers. Conditional uses in the BN District include convenience stores with gas pumps, automotive service stations, drive-in banks, bed and II breakfast establishments and standard restaurants. The Zoning Ordinance defines a standard restaurant as an establishment whose principal business is the sale of food and/or beverages to II II 1 P.J. 's Restaurant f September 19, 1990 Page 8 customers in a ready to consume state, and whose principal method of operation includes one or both of the following characteristics: 1. Customers, normally provided with an individual menu, are served their food and beverages by a restaurant employee at the same table or counter at which food and beverages are consumed. 2. A cafeteria-type operation where food and beverages generally are consumed within the restaurant building. The Zoning Ordinance only differentiates between a fast food 11 restaurant and a standard restaurant. The Zoning Ordinance does not differentiate between a standard restaurant with or without a liquor license. The definition of a standard restaurant includes the sale of food and/or beverage. The ordinance does not specifically regulate what type of food or beverage can be sold at the standard restaurant. Therefore, a restaurant with or without a liquor license is still a "standard restaurant" and is permitted as a conditional use in the Neighborhood Business District. The issue of selling liquor at an establishment in a Neighborhood Business District or anywhere else in the city is addressed at the time that the applicant applies for a liquor license for the establishment. A liquor license application is published in the newspaper giving the public an opportunity to speak and is held before the City Council. I SPECIFIC CONDITIONAL USE PERMIT STANDARDS FOR STANDARD RESTAURANTS The one specific standard for a conditional use permit for a standard restaurant under Section 20-286 requires a standard restaurant to not be permitted within 100 feet of any residential parcel. The location of the restaurant in the shopping center is at the most easterly end of the shopping center and all external and internal walls of the restaurant are well beyond the required 100 foot setback from any residential parcel. the ordinance is not specific as to where the setback should be measured. Other interpretations could utilize the property line, in which case the setback would not be met, or even the front door. We reviewed the matter with the City Attorney and he found our measuring of the setback from the nearest exterior wall to be reasonable. GENERAL ISSUANCE STANDARDS FOR CONDITIONAL USE PERMITS I The Zoning Ordinance lists 12 general standards that must be met for a conditional use permit to be approved. The applicant is in the process of applying for the liquor license which will be reviewed through a public hearing in front of the City Council. Since the applicant is pursuing the liquor license, staff will be I P.J. 's Restaurant September 19, 1990 Page 9 ' reviewing the general issuance standards in terms of the standard restaurant serving liquor in the establishment. Ii. Will not be detrimental to or endanger the public health, safety, comfort, 'convenience or general welfare of the neighborhood or the city. 1 * During the rezoning of the property, there was a lot of concern from the neighboring residences about the types of uses would be permitted on the site, specifically stating that the sale of liquor should not be permitted. This can be seen with the fact that SuperAmerica was not permitted to sell 3.2 beer on the site. The concern was ' that such a use would possibly endanger the public health, safety, comfort, or general welfare of the neighborhood or city since it is in such close proximity to a residential neighborhood and a school. (The Minnetonka Middle School is located just south on Hwy. 41. ) It must, however, be noted that this license was for "off-sale" purposes and there was a concern that this could lead to under-regulated drinking by minors. The current request is for an "on-sale" license which is fundamentally different. The site is separated from the neighborhood with it's own individual access to and from Hwy. 7 and 41. There is no access from the site to the adjacent neighborhood. ' Therefore, people entering and leaving the site will not be directed through the adjacent neighborhood. Access from the neighborhoods to the nearby school will be ' provided through the trail system located south of the site so again, the conflict of pedestrian traffic and people using the restaurant is minimal. There are ' several establishments that could attract children to the shopping center before and after school. A standard restaurant with a bar could result in some patrons becoming intoxicated and posing a nuisance to neighboring ' residences and removing the sense of safety and comfort. However, in light of the restaurant's remote location in the center and lack of direct access into the 1 neighborhood, the chances for such problems occurring should be minimal. In any case, the City Council would have the authority to respond to any complaints and such problems could jeopardize the liquor license. The liquor ' license is reviewed annually by the City Council. The availability of liquor on-site may be perceived as detrimental to the health, safety, comfort and general welfare of the city. 2. Will be consistent with the objectives of the city's 11 P.J. 's Restaurant I September 19, 1990 Page 10 comprehensive plan and this chapter. * A standard restaurant with a liquor license at this site ' is consistent with the comprehensive plan which designates this area as commercial. 3. Will be designed, constructed, operated and maintained so to be compatible in appearance with the existing or intended character of the general vicinity and will not change the essential character of that area. , * The restaurant will be located within an existing shopping center and will not change the existing or intended character of the general vicinity and will not change the essential character of that area. The parking lot configuration will change due to the addition of parking stalls but all of the improvements to the site will meet the Zoning Ordinance requirements and provide the landscaping typically required for any development. Therefore, even with changes to the parking lot, the site will essentially maintain the same characteristics. In fact, there will be some improvement for the neighborhood resulting from the fact that additional screening is being required across the currently exposed rear elevation of the structure. • 4. Will not be hazardous or disturbing to existing or planned neighboring uses. * Again, a restaurant with a liquor license could be perceived to be disturbing to existing and planned neighboring uses. There is the possibility of increased traffic and activity on the site due to the restaurant's later hours which could result in disturbances to the neighboring uses. However, as noted above the potential for such disturbances will be minimized by the site plan and location of the restaurant. I 5. Will be served adequately by essential public facilities and services, including streets, police and fire protection, drainage structures, refuse disposal, water and sewer systems and schools; or will be served adequately by such facilities and services provided by the persons or agencies responsible for the establishment of the proposed use. ' * The site is adequately served by the essential public facilities and services. The site was designed to accommodate the shopping center. There will improvements to the parking lot to further accommodate the restaurant and the need for additional parking. , 1 1 II P.J. 's Restaurant September 19, 1990 Page 11 II6. Will not create excessive requirements for public facilities and services and will not be detrimental to the economic Iwelfare of the community. * The restaurant will not create excessive requirements for I public facilities and services and will not be detrimental to the economic welfare of the community. II 7. Will not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare because of excessive production of traffic, noise, smoke, fumes, glare, IIodors, rodents, or trash. * As previously stated, there is some potential for II additional traffic and noise impacts due to the hours of the establishment. As far as the possibility for odors, rodents and trash, staff is requiring that all garbage be stored internally minimizing any impact from excessive IItrash as a result of the restaurant. 8. Will have vehicular approaches to the property which do not I create traffic congestion or interfere with traffic or surrounding public thoroughfares. II * The site has been designed to accommodate the shopping center with separate access from Hwy. 7 and 41. The restaurant will therefore, not create traffic congestion to interfere with traffic or surrounding public II thoroughfares. 9. Will not result in the destruction, loss or damage of solar I access, natural, scenic or historic features of major significance. II * The proposed restaurant will not be changing the design of the building, therefore, it will not result in the destruction, loss or damage of solar access, natural, scenic or historic features of major significance. I10. Will be aesthetically compatible with the area. I * The existing structure will not be changed and therefore, will be maintained aesthetically compatible with the area. 1 11. Will not depreciate surrounding property values. * There may be claims that a standard restaurant with a II I 1 P.J. 's Restaurant September 19, 1990 Page 12 11. Will not depreciate surrounding property values. ' * There may be claims that a standard restaurant with a liquor license could depreciate surrounding property I values. The only way to determine if this is true would be for an appraisal of the property to be conducted and in our experience these studies have been inconclusive. ' 12. Will meet standards prescribed for certain uses as provided in this article. * The proposed restaurant does meet the one specific standard for a conditional use permit for a standard restaurant in the Neighborhood Business District. I Neighborhood Involvement In all of the requests with subject site in the past, the surrounding neighborhood has been very involved in the process. As a result of the neighborhood input, the property was denied approval to rezone from Office Institutional to Commercial and instead a new designation of Neighborhood Business was created to provide quasi commercial district to service neighborhood daily needs. Since any application with the subject site has resulted in high interest by the adjacent neighborhood in the past, staff has always recommended to any applicant to hold a neighborhood meeting to explain the application they are submitting to the city to receive input from the neighborhood sand to at that time try to address any of their concerns. It was felt that the proposal by the applicant for a standard restaurant with a bar may cause concern with the adjacent neighborhood. Staff again, highly recommended that the applicant meet with the neighborhood before the Planning Commission and City Council reviewed the application to inform the residents of exactly what was being proposed and to try to address any of their concerns. The applicant will be holding a neighborhood meeting on October 1, 1990, two days prior to the Planning Commission meeting. PLANNING COMMISSION UPDATE The Planning Commission reviewed this item at their meeting of October 3, 1990. Approximately 4 households from the neighborhood were represented at the meeting. As noted earlier, a neighborhood meeting between the developer and area residents had been held prior to the Planning Commission hearing. The applicant indicated that the neighborhood meeting had gone well although it was sparsely attended. He also indicated that the day care facility, which had earlier been approved by staff at a location near the PJ's site, will not be built. The perspective tenant has decided to not go through with the project. A I II P.J. 's Restaurant September 19, 1990 Page 13 I The resident comments were, to a great extent, focused on traffic issues and not specifically on the proposed restaurant. Several of the residents discussed confusing traffic movements occurring west I of the site at the intersection of Orchard Lane and Oriole Avenue. There was some concern that customers of the shopping center may enter into the neighborhood in this area believing that they could gain access to the shopping center. Of course this is not possible II to do since Oriole ends in a cul-de-sac and there is no direct access, but there was a concern that customers visiting the center for the first time would not know this. The second aspect of this I situation concerned the confusing intersection of Orchard and Oriole and a general concern of the traffic coming in off of Hwy. 7 as it is guided through the neighborhood needs to be better II regulated. The Planning Commission asked the Engineering Staff to look into this matter. A related issue concerned a resident's request to have signage posted on Hwy. 7 indicating that the main shopping center entrance is on Hwy. 41. This is to avoid having Ishopping center traffic enter the neighborhood. Since the meeting, the Engineering Department has researched the matter and this is explored in detail in the attached memo. They are recommending that revised directional signage be placed at the intersection of Orchard Lane and Oriole to better control traffic I movements and eliminate some of this problem. Since this is not directly linked to the shopping center or restaurant issue, revising the directional signage is not a proposed condition of approval. Should the City Council wish to pursue this matter, it I should direct staff in a separate motion. In a related matter, Engineering Department Staff is in the process of contacting MnDOT to ascertain whether or not it is possible to place a uniform I directional sign guiding shopping center patrons to the entrance on Hwy. 41 with a new sign on Hwy. 7. It is also possible that the City Council could consider approval of a free standing off-site sign owned by the shopping center to direct customers to the Hwy. I 41 entrance. Signs such as these are not normally allowed by the ordinance and only permitted when traffic safety is a concern. Staff is not strongly in favor of this proposal since the City I regulates off-site advertising signage, however, in this instance, it may prove to be a worthwhile concept. However, if this were to be pursued, the applicant would have to obtain permission to place Ithe sign on private property. The Planning Commission then discussed site landscaping and the lack of adequate response to staff concerns about incomplete and I inadequate site development that has been experienced to date. Conditions pertaining to landscaping were revised to ensure that an improved landscape buffer is provided along the south property line ' of the shopping center. In addition, a condition was added that states that prior to a certificate of occupancy being granted to the restaurant that there shall be full compliance with all II II I P.J. 's Restaurant f September 19, 1990 Page 14 conditions previously attached to other approvals on the site. Based upon this condition, ail improvements associated with the original development of the shopping center must be completed. Since the meeting, the developer has cut weeds on the site. They also met with staff to discuss resolving other development problems and new landscaping requirements. RECOMMENDATION Staff recommends the City Council adopt the following motion: "The City Council approves Conditional Use Permit #90-4 for PJ's Restaurant, with the following conditions: 1. A revised landscaping plan shall be submitted providing additional coniferous trees and other vegetation south of the shopping center and a letter of credit covering the cost and installation of the trees will be required and held for one year after planting. It is understood that the object here is to provide a visual buffer to the south. , 2 . The proof of parking plan is accepted with the following conditions: a. Calculations shall be provided verifying internal parking lot landscaping meets the parking ordinance requirements. b. A revised landscaping plan shall be submitted providing description of internal parking lot landscaping. c he 9 st o e eas side of the buil in s 1 be const • ted for o e opening- of P,7-'� est ran . d. No additional restaurants will be permitted in the Seven- 1 Forty One Crossing Shopping Center. e. The additional parking shown on the proof of parking plan , will be constructed within 6 months of being required by Planning Staff. 3. All trash shall be stored internally. , 4. Prior to the issuance of a Certificate of Occupancy, there shall be compliance with all conditions previously attached to other approvals on this site. " If the City Council wishes to have revised directional signage installed at the intersection of Orchard and Oriole, as outlined in the Assistant City Engineer's memo, staff should be so directed. I P.J. 's Restaurant 11 September 19, 1990 Page 15 ' ATTACHMENTS - 1. Memo from Asst. City- Engineer regarding Orchard Lane/Oriole intersection dated- October 16, 1990. 2. Planning Commission minutes dated October 3, 1990. 3. City Council minutes dated April 25, 1988. 4. City Council minutes dated July 25, 1988. 5. Letter from Dave Hempel dated August 29, 1990. 6. Letter from Dick Heise dated September 14, 1990. 7. Site Plan of building. • I 1 I I I CITY OF I II --41/4 ‘11,#,41 Ng% CHANHASSEN 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 I (612)937-1900 • FAX (612) 937-5739 MEMORANDUM I TO: Paul Krauss , Planning Director III FROM: Charles Foich, Assistant City Engineer DATE: October 16, 1990 1 SUBJ: Intersection Evaluation of Orchard Lane and Oriole South of TH 7 PW070-A-4 During the public hearing on the conditional use permit for PJ's I Restaurant at the October 3 , 1990 Planning Commission meeting, Jan Reed, a local resident, expressed a concern for the signage at the intersection of Orchard Lane and Oriole just south of II TH 7. At your request, I have conducted a field evaluation of this intersection. Current signage at the site consists of a yield sign for I northbound traffic on Oriole at Orchard Lane, a dead-end sign for southbound traffic on Oriole just south of Orchard Lane, a 30 mph speed limit sign for southbound traffic on Oriole north of I Orchard Lane, and standard street name signs at the southwest corner of Oriole and TH 7 and the southwest corner of Oriole and Orchard Lane. I It is presumed that the concern raised relates to southbound traffic on Oriole coming off of TH 7 conflicting with the northbound Orchard Lane traffic. Both of these movements are ' currently unrestricted. Thus, the direction having right-of-way is not clearly defined. The inherent features of this intersection create some I difficulties in determining the proper solution. Oriole, south of Orchard Lane, is considered the minor traffic leg of this Iintersection and thus, would commonly be the segment chosen to control. However, doing so would still not define the previously mentioned right-of-way movement issue. Orchard Lane is considered the major traffic leg of the intersection. However, I it intersects Oriole on a down grade and at a skew. Therefore, it would seem more appropriate to control movements from this leg of the intersection. I II .1 Paul Krauss 11 October 16 , 1990 Page 2 In discussing this matter with City Engineer Gary Warren, it was our consensus that the appropriate solution to eliminating future right-of-way confusion by motorists and the associated hazard at this intersection is to install a stop sign for northbound traffic on Orchard Lane at Oriole and remove the existing yield sign for northbound Oriole traffic at Orchard Lane. This I configuration will allow full right-of-way for northbound Oriole and southbound Oriole traffic coming from TH 7 and continuing south on Oriole or turning west on Orchard Lane. This stop sign is warranted at this intersection based on the premises that the ' application of the normal right-of-way rule is unduly hazardous at this intersection. ' I will advise the Street Superintendent of these sign changes and anticipate their completion in the next couple of weeks . 1 ktm c: Gary Warren, City Engineer Jerry Schlenk, Street Superintendent ' Dave Hempel , Sr. Engineering Technician City Council Administrative Packet (10/22/90) I I I r . 11 1 • I 1 I I CHANHASSEN PLANNING COMMISSION IF REGULAR MEETING OCTOBER 3, 1990 Vice Chairman Erhart called the meeting to order at 7:30 p.m. . 1 MEMBERS PRESENT: Steve Emmings, Annette Ellson, Tim Erhart, Jim Wildermuth, and Joan Ahrens MEMBERS ABSENT: Ladd Conrad and Brian Batzli STAFF PRESENT: Paul Krauss, Planning Direc*or; Jo Ann Olsen, Senior Planner ; Sharmin Al-Jeff, Planner 1; and Chat .lets Folci., Asst. City Engineer ptBLIC HEARING? , CONDITIONAL USE PERMIT FOR A RESTAURANT AND BAR ON PROPERTY ZONED BN. IGHBORHOOD :USINESS • ST- . ' : : i • ii: ■ . N- • -T •.,, •it•L SHOPPING CENTER, PJ'S RESTAURANT. JEFF IRRTHUM. Public Present: Name Address . 1 Jeff Irrthum 3667 Falconway, Eagan Tim Whitten HRMA , Minneapolis Gary & Jan Reed 2461 West 64th Street Dale & Kelly Hance 6480 Oriole Avenue Don & Fayadel Dudycha 6451 Oriole Avenue Judy Hinklin 6345 Minnewashta Woods Drive Paul Krauss presented the staff report on this item. Vice Chairman Erhart' called the public hearing to order . Judy Hinklin: My name is Judy Hinklin. I live at 6345 Minnewashta Woods Drive which is west of TH 41 and south of TH 7. I 'm just wondering if any of the people on the Planning Commission, if you live in that area? Emmings: I live up by there. 1 Judy Hinklin: You do? Emmings: On Lake Minnewashta. I Judy Hinklin: Okay. And do you have to get into your home by using TH 7?' Emmings: Yes. Judy Hinklin: Okay. And how many people who are proposing to put the restaurant in that area live in that section? Tim Whitten: Are you asking about the restaurant? I Judy Hinklin: Yes . Jeff Irrthum: I don't live in this area, no. t I 1 Planning Commission Meeting October 3, 1990 - Page 2 IJudy Hinklin: Okay . The concern that I have is that there are so many homes going into that area and if the people here think that the major issue is parking , they've got the whole thing all wrong. To me I don't really care where the people park . I mean I 'm happy that there's going to be development and it 's done right. I think we need a restaurant in that area but I think that people should look at the fact that TH 7 today is a very widely used highway and the people that have to come off of TH 7 and get into that residential area at night, during rush hour traffic, it's very dangerous . TH 7 needs to be modified in some way. I mean you've got all this traffic . You 've got cars going 50 mph and you're turning off into that area and it 's a very dangerous area and now you're thinking about putting a restaurant there and if people move past TH 41 and miss the turn off going into the restaurant , that mean that they've got to drive down, ' turn around and come back and that 's a real dangerous area. I know that the people that live in that area think it's called dead on 7. Just trying to get home at night and there's been a couple of times in the last couple of months where I 've had people come head on to me trying to get into that area . So I think the Planning Commission has got to look at TH 7 and have like a long term view of what they're going to do with that area . When they put the shopping center in, they took Oriole Avenue out so that was one less road that we had to access TH 41 . Okay, so you've got 2 roads that goes into that development . You 've got a lot of homes in there . A lot of children . A lot of traffic . You've got TH 7 which is very narrow and nothing has been done . It's still 50 mph and I really think that somebody who 's in control should really take a look at TH 7 and start looking at all this traffic that 's going to start going through there for ' the shopping center and now a restaurant . I mean it's a major concern and anybody that thinks that it isn 't , they 're not looking at it and I 'm real concerned that somebody 's going to end up dead someday and somebody's going to say hey . Somebody said something . We were on the Planning Commission and we didn 't do anything about it . All we worried about was parking . Okay and so that 's my main concern. You 've got to take a look at TH 7 and TH 41 and if nothing is done soon, then I think the people, if they put a restaurant in there , they've got to have some huge signs way before you get to TH 41 saying turn off at TH 41 and get in through that small entranceway that goes through the gas station that 's previously there because once you go past TH 41 , coming back is going to be a real bear and it's going to be a real hazard. The only suggestions I can think of is that somebody petition to reduce the speed around that area so that people aren't going SO mph around that intersection and that maybe some more center islands be ' put in west of TH 41 where you turn off into the development. There is a left hand turn lane but there isn't any cement or anything telling people that are coming east that they can't try and pass on the right hind side. ' Erhart: Excuse me a minute Judy. Can I ask Paul to respond who's got jurisdiction over TH 7 and if the City has, contributed any input onto this long term problem . Krauss: Sure. Highway 7 is notoriously poorly designed and it's been, you know it 's a State Highway. It's been designed to that kind of at grade arterial standard and MnDot's looked at it and there is no major improvement program for TH 7. However , Chanhassen 2 or 3 years ago participated with a number of other communities and with MnDot to complete 11 the TH 7 corridor study which suggests a number of incremental improvements that are going to be undertaken by MnDot as funding is available over the • 1 ' I Planning Commission Meeting October 3 , 1990 - Page 3 i • years to improve the safety of TH 7. There's a number of projects that were talked about in that report . It's my understand that they 're startini to undertake some of those . Not in Chanhassen so far but in Shorewood. There is , I would hazard a statement that the restaurant itself as being proposed is not the problem. I mean the retail traffic is going to be there regardless of whether it's a restaurant or some other store. TH 7 ill the problem and we 're aware of it. We've tried to get the wheels turning to resolve that . It 's not as fast a process as we could like but we don't" have authority to make improvements ourselves on TH 7. The City's also recognized the problems on Minnewashta Blvd. which doesn't help you directly but Minnewashta Blvd. is programmed to be rebuilt hopefully next year and the intersection on TH 7 is one of the problem areas that would b� dealt with at that time so to the extent that we can make improvements, we are trying to do that . Erhart: Okay . Is there a person that you can give to Judy to talk at thell State directly? Krauss: Sure . Judy Hinklin: The thing is that I 've , it's been my experience in working with people in the Chanhassen area . We have a park that 's supposed to go in that area because there are so many children and the land was given to the people in that area 10 years ago . Not only. that but the man who donated the property also gave funding for the park . That was 10 years ail and every year now I 've gone to the meetings for the park committee . We even had a neighborhood committee formed. Nothing has been done and they promised us that this year the park would be built . And nothing gets done . We go to these meetings and everybody tells us we 're volunteers and we 're I doing the best we can and it 's worthless and I 'm getting kind of dissatisfied with it. Now you're putting in a restaurant and I 'm telling you that TH 7 is a very dangerous area and if you have any authority at all , I 'm telling you you've got to talk to people because somebody's going to die someday . And a restaurant or anything else just isn't worth it . Erhart: I appreciate your comments. I think what we're saying is we really don 't have any authority other than a passive one that TH 7 has tried to coerce the State of Minnesota to improve it and we've been working with surrounding cities to do that. Regarding the park issue, are you familiar with that? Krauss: No. That 's something that we can inquire about tomorrow. Erhart: Okay. If you could call Paul , he could give you an answer on that. Judy Hinklin: I 'm just saying that you know, people tell me to call and will call and nothing's being done and this to me, this is more important than the park issue . I just want people to know that. That if they're going t put a restaurant in there, they've got to do everything that they possibly can to divert the traffic to make sure they turn on TH 41 and not put any more traffic than necessary on TH 7, especially during the rush house traffic if nothing is going to be done to that highway. Okay? I I Planning Commission Meeting October 3 , 1990 - Page 4 Erhart: Okay , thank you . Is there any other public comment before we let the developer respond to the recommendations? Is the developer here? Tim Whitten: Yes . Erhart: Do you have a copy of the staff recommendations? Tim Whitten: Yes . ' Erhart: Okay. Would you like to comment on them or anything else? _ Tim Whitten: Yeah , we 've been working with the staff and agreed with their ' recommendations to date . We agree that there are conditions in the report . We did have the neighborhood meeting just this last Monday. 6 people and we talked about issues that were really more in line with the. . .issue and some of the past history . We explained that part of the ownership has changed because of the difficulty and things are being handled and will be taken care of as far as past history . I also have Jeff Irrthum who is the one planning the restaurant available too to answer any questions concerning the restaurant . ' Erhart: Okay , and your name was? Tim Whitten: My name is Tim Whitten . . . Erhart: Okay , Tim we might have some questions from the Planning Commission members here . Thank you . Any other public input on this? Gary Reed: I 'd like to make a comment . Erhart: Your name? Gary Reed: My name is Gary Reed and I live directly south of the shopping center and we 've been concerned of course about the landscaping and the issue of 64th Street which sounds like it's going to be resolved. I 'm just ' wondering if they have a timeframe on that? We've been sitting and waiting for them to finish that for a year now. I guess I 'd like to pinpoint somebody on it . . .talking about November 15th or something. . . But by that ' time it 's too late to do the work you know. . . • Erhart: What 's the most important issue in your mind to get this landscaping issue fixed? Gary Reed: That 's one of the more important issues and then I did request the other night at the neighborhood meeting some more screening go up on the south side because we're just faced with a long block wall which just reflects all the sound back into our yard and it's not the most pleasant thing to look at. The back has all the air conditioning units and those ' are supposed to . . .and they have screening. . .so I think, is it Judy? Yeah, I think her point is well taken that they need some signage on TH 7 for westbound traffic because they're going to go down and do a U turn at Oriole Avenue which is a very dangerous intersection anyway. And so I think the shopping center as a whole needs signage down there at Super America or whatever so people can make a turn at TH 41 rather than going past it and then trying to get back to it . I 1. Planning Commission Meeting October 3, 1990 - Page 5 IF Erhart: Okay , thanks Jerry. Anybody else? Jan Reed: Hi . I 'm Jan Reed. Gary's wife . I just wanted to add one more comment . When he mentioned about the road and it's something that 's'.a concern to me . Right now there's a yield sign coming out Orchard, coming out of West 64th Street circle and it's a yield coming off of that but the Orchard coming down the hill has the right-of-way going out to TH 7 . When you 're turning off of TH 7, these cars that have the right-of-way come do right in front of you and I would like to see a little more signage there that there 's a joint yield or some more signage because that does get to be a little bottlenecked sometimes and if in fact people are going to be coming and making some U turns, that needs to be looked at. Also, coming " down TH 41 Monday night after the meeting, we went back TH 41 and went to turn in there to eat at one of the restaurants and there is not very good signage up on TH 41 for the entrance there . It's very dark. There 's nothing . There 's no markers or anything right on TH 41 and I presume youl going to do more with lighting there but right now it is real dark. Erhart: Excuse me a minute Jan. Would you point out where on the map thall this intersection is? Krauss: I 'm afraid it 's off of this map Mr . Chairman. It's to the west 11 here . Erhart: Okay . It 's a north/south street entrance? Krauss: Right . And those are both local streets and that 's something we have authority to do what we think is necessary over . I can ask the engineering department to look into that . The Assistant City Engineer is here tonight and we can put it on his list of things to do. The question of lighting out on TH 41 is one that we 've been attempting to rectify and there is supposed to be lighting installed as one of the conditions of approval . Emmings: To be done by the developer? Krauss: Yes . Gary Reed: It's really hard to find coming down at night coming from the II south. Just reflectors or anything at this point temporarily until they d get their signage in or whatever would help people. . . Erhart: Jan, did you get completed there? I didn't mean to cut you off . II Okay, thank you. Anybody else? If not I 'd invite a motion to close the public hearing. AlEmmings moved. Ellson seconded to close the public hearing. All voted in favor and the motion carried. The public hearing was closed. Erhart: Okay, Steve would you like to start? 11 Emmings: Sure . I 'm curious about the compliance problems. Do you feel that you 've got whatever leverage you need to get them to comply with whatever conditions they haven't complied with as far as the site goes? 1 Planning Commission Meeting October 3, 1990 - Page ,6 1 Krauss: We do have an outstanding letter of credit so we do have their money which to us is the ultimate line of defense with this . We try to ' work these things out as reasonably and diplomatically as possible . Unfortunately we 've been somewhat frustrated in this case but we have every expectation that it 's going to be taken care of in short order and that 's Iwhy we 've established that deadline . Emmings: What's changed that makes you , I mean are they making promises to get this thing through? Krauss: Yes they are . ' Emmings: Is that the only reason they're doing it? Do we have any reason to believe them? Based on past performance. Krauss: Well , we are dealing with some different individuals which I think is significant in this case . Secondly, if all else fails , we 've already committed to cashing the letter of credit on November 15th and doing it ourselves so one way or the other it 's going to happen . ' Emmings: Should we condition this approval on all of those things being taken care of? 1 Krauss: We would not oppose that . Emmings: Well I would suggest that we add a condition here to condition ' this approval on compliance with, I don't know, whatever hasn't been complied with to date because there's no excuse for that and I don 't feel like doing any more for them until they do what they said they'd do in the past . Krauss: To set a specific deadline on that, would that before building ' permit 's issued or before certificate of occupancy? Emmings: What gives you the most leverage to get the work done? Krauss: The building permit 's more, I mean it will come up sooner . Emmings: I don't want to hang them up. I just want a way. something to hold over their heads so they can get their work done. If they need to start . . . Krauss: Attaching it to the CO would give them more flexibility to get everything done . Emmings: I 'm not understanding. Krauss: Well we could either attach this condition to the issuance of a building permit in which case they cannot do any work until everything's ' completed or we could attach this to the issuance of a certificate of occupancy at which case they could work both on the restaurant and resolution of the problems. Emmings: Let's do that. So it will be compliance prior to issuance of certificate of occupancy. Okay. Otherwise, I thought the staff report was I I Planning Commission Meeting October 3, 1990 - Page 7 very detailed and very thorough. What are the hours of this place? I didn't see it in here . 1 Krauss: It said 11 :00 to 12:30 p.m. . Emmings: 11 :00 a .m. to 12:30 p.m.? 1 Krauss: Yep. Tim Whitten: 12:30 a .m. . Emmings: 12:30 a .m . , right . The TH 7 is an incredibly dangerous road. I' endorse everything that was said back here. To put it very crudely , the pile of bodies has not gotten high enough for the Department of Transportation to respond and we 're just going to have to achieve that stack of bodies to get their attention. Up in my neighborhood we 've been trying to get them to do something for a long time . I have to go off of 7 and I see accidents there regularly. There's no one in our neighborhoo who doesn 't have a neighbor who's had an accident on TH 7 . It 's horrible but we can 't get them to do anything . Anyway, that notwithstanding I 'm f this proposal with the changes I talked about . Ellson: I don't have anything new to add. I think it all looks pretty cull and dry and welcome to Chanhassen . Wildermuth: I agree with Steve 's comments . I think the staff did a good " job on this . In the recommendations I don't see anything about installation of a light near TH 7 . Krauss: That 's something that we conditioned in the original approval and' I believe we have a signed commitment from them already to go ahead with that . Wildermuth: Okay . So there 's no point in putting it in these requirements? Krauss: No. It 's unfortunate that as far as highway development is concerned that infrastructure always follows residential and commercial development but I guess that seems to be the way. It's certainly been the way on TH 5 . About the only recourse we have is to attack their legislators. Other than that I support the motion. Ahrens: I don't have anything further about the restaurant itself but I 'm, a little concerned about what's going into that shopping center in general . I saw in your report that there's administratively authorized the construction of an outdoor play area for a daycare on the Louth side of thll building . Now isn't that right behind 3 sating establishments? Krauss: It 's inbetween them. 1 Ahrens: So there's going to be parking back there and trash? Krauss: Actually that's not on this plan. The rear parking lot has been II modified to accommodate that . Basically a number of stalls were deleted i this rear aisle here with a barrier type of thing. The play area will Planning Commission Meeting October 3 , 1990 - Page 8 11 protrude out to here with a protective bollards and traffic would be routed around it . It worked from a traffic movement standpoint . Ahrens: It may work from a traffic movement standpoint but it certainly doesn't seem to work from a . . . ' Audience: The daycare isn't going in now. Krauss: Oh , it 's not? Audience: They don 't have enough money to make the deal so . . . ' Krauss: I guess we don't have to worry about it then . Ahrens: I think that should be looked at . I mean it seems to me that we ' didn 't hear anything about the daycare but I wouldn't think that that would be a very good mix in this kind of a center . Behind a bar and restaurant where there 's going to be garbage stored back there and cars and traffic . ' Krauss: I guess I viewed it from two contexts. It 's a permitted use in that center and it met State Standards for what they look for in daycares and it wouldn 't be the first daycare to be in that type of situation. . .a parent would be somewhat relunctant to use that . But that's a decision that each parent would have to make . I guess from what we hear tonight from one of the owners , that 's a moot point at this juncture but daycare is ' a permitted use in that district. Ahrens: I realize that . I think it should just be looked at in the future though when approvals are given for that type of use . Whether that 's the ' best spot and I realize the daycare chose that spot but, I have no further comments . ' Erhart: Okay , thanks Joan. Picking up on that for the purpose of the Minutes . Paul , did we understand that the daycare center is not going in? Krauss: That was my understanding, yeah. ' Audience: That particular daycare center is not going in. And if we would do another daycare center . it would probably be at the other end and the ' playground would in the front . Erhart: Okay, to that point I guess from my comments. I wonder whether it's appropriate to have the daycare dropoff point in essentially a public parking lot . Normal daycares that I think about, the parking usually is usually by itself . The dropoff point so it's something that we may want to think about . Krauss: They fit these in in quite a few places. In fact, again as a parent my son 's using a daycare right now that's in a strip shopping mall ' on the end and they actually use part of the parking lot to be the play area in the front and it's all roped off and fenced off. Erhart: Okay . Let me go into this here. What is the current screening on that south boundary? Planning Commission Meeting October 3, 1990 - Page 9 Ir Krauss: It 's very meager . If there's anything there , it 's probably deciduous and it really doesn't do an effective job at all . 1 Erhart: What was our thinking when we approved it? . Emmings: There were evergreens in there I remember . , Krauss: And that 's part of what's missing from their landscaping installation . But even if the material is installed consistent with the 1 original approvals, in my view it doesn't do quite enough and what we wanted was something more substantial . Ahrens: Was that where you mentioned the 4 trees? Krauss: Where I asked you to delete the 4 and that really shouldn 't be limited as to number . See what we were getting 4 trees with the daycare center right behind their play structure . That plus the trees that were supposed to be installed anyway plus additional trees for PJ 's may have come close to doing the job but what I 'd like you to do is modify that condition so we get a screen back there and whatever it takes to achieve that screen , whether it 's 4 trees or 40 trees , that that be done . Erhart: Are you suggesting then that we rewrite the conditions to give usi more leverage on the landscaping and screening? Krauss: Yes . Basically I would reword condition 1 to read a revised landscaping plan shall be submitted providing, cross out 4 and just add in additional coniferous trees . Erhart: How about to meet or exceed our current requirements? ' Krauss: Well you could say to provide a visual buffer for homes to the south so we know what we're trying to achieve . ' Erhart : Do you think our current requirements, we have a standard here for this kind of a development for screening . What is that? 1 Krauss: I don't think there's a specific standard. I mean there's a 1 per 40 and that really doesn't do it in a case like this. ' Erhart: Okay. You think that you can respond to this issue of signage . Is that in here? Krauss: No it's not and I guess that presents a problem. If what's required is a sign a quarter mile east of the site on TN 7. we're talking about putting an off premise advertising sign in a residential neighborhooll and while it may be warranted to consider one for safety reasons in this case and we do have an. out in the ordinance that allows us to consider something for safety reasons, it has some pretty serious implications for where these signs might pop up elsewhere in the community. We can certainly look at it but we're a little bit relunctant to throw the door open . Erhart: How does a sign improve safety? Explain that to me. I •, Planning Commission Meeting October 3 , 1990 - Page 10 1 Krauss: Well if it gives people an early notice that they should turn south onto TH 41 to enter into the center , it does achieve a purpose . I think that by and large anybody who goes to the shopping center more than once is going to learn that but you do have that learning process to get through. ' Erhart: And the light situation is what? Krauss: That 's in the process of being resolved. A light will be installed . Erhart: And that 's another thing that wasn't done on time? ' Krauss: Right . Well it was an additional requirement though. That was something that we added on after the approval over the course of the summer . IErhart: How long is it going to take to construct this restaurant? If it 's approved, when do you see this thing getting opened? Tim Whitten: Approximately 6 weeks. Erhart: Okay , if we make that condition with the , yeah because now is the ' time to put those trees in and we shouldn't be waiting . I guess what I don 't want to see is wait until next spring . We get to the December 15th and then we 'll say well now the ground is frozen we can't put these evergreens in . This is the time to put them in right now and I guess I 'd ' like to see Steve in this condition that the landscaping, the screening gets put in prior to freeze-up because I know what's going to happen . They 're going to get to December and then they're going to say, well now the ground is froze , can we get an extension? Emmings: They don't get a certificate of occupancy unless they've pot it 1 done . It 's a condition . Erhart: Okay . I have a question here. You state that other opportunities include the restriping of the parking lot to use the 8 1/2 foot wide stalls currently allowed under the ordinance that was recently redrafted. Did I miss that tonight or what was that? Krauss: It was last fall and it grew out of I guess it was initiated by the City 's review of the Cenvesco proposal and a concern that our parking standards just didn't cut it and there was a complete redraft of the entire ordinance pertaining to parking. One of the things it did was establish decreased dimensions for parking stalls in recognition that cars were smaller than they were 20 years ago but it increased requirements for drive aisles and other things. ' Erhart: Okay, thanks. Other than those concerns, I think we ought to make absolutely sure that really there 's no reason why this should go ahead ' without getting some of the issues resolved with the site to begin with. I 'm hoping that the new, either if it's a new owner or new people to contact , they're committed to do that because I think we ought to take ' every measure to see that this is installed the way it was approved and I support the residents concern on that. With that I guess it's a reasonable I Planning Commission Meeting October 3, 1990 - Page 11 • IF development to the area and the City Council will be acting directly on the liquor permit and if there 's some concerns with that , you 'll have to attell that meeting directly . So with that I 'll look for a motion. Emmings: I 'd like to move the Planning Commission recommend approval of Conditional Use Permit *90-4 for PJ 's Restaurant with the following conditions . Condition number 1 will read as follows and be modified to II read, that a revised landscaping plan shall be submitted providing additional coniferous trees and other vegetation south of PJ's Restaurant I site and a letter of credit covering the cost and installation of trees will be required and held for one year after the planting . It is understood that the object here is to provide a visual buffer to the sout Krauss: Commissioner Emmings , ' g as you read that I guess I d ask for a further modification. That the coniferous trees not just be south of PJ 's Restaurant but that it be south of the shopping center so change the wording . Emmings : Okay . I Erhart: Since you 've interrupted, what about the west? Krauss: The west is pretty well taken care of . ' Emmings: There 's a big hill there . I 'll modify number 1 in accordance with Paul 's comments . 2 will stay as it is . 3 will stay as it is and 4 , 1 new condition be added that states that prior to the issuance of a Certificate of Occupancy , there shall be compliance with all conditions previously attached to other approvals on this site. Erhart: Is there a second? Wildermuth: Second. , Erhart: Any discussion? Judy Hinklin: Did I understand you Paul to say that this signage would II prevent some type of a problem and that this was going to be just a learning process for people to find out how to get into this restaurant? If that 's what you said, I resent that comment because you don't live in that area . You don't realize how many people are in there and how many children are in there and I 'm telling you it's a bad area. If you have to lose a life and you think that's a great learning experience, I think you 're wrong. If you're just worried about putting up 4 pine trees, I meat I sympathize with the people who have homes that are adjacent to that property but I think you people have really got to push for signs that tell people how to get into that place before they reach TH 41 and you've also got to do something about' the speed at that corner . It can't be SO mph. Erhart: Okay , but we don't have any jurisdiction over the speed. I Judy Hinklin: Yes but his comment saying that this is going to present a problem with the signage, I don't care what kind of a problem it presents II for you to look into it or to demand something. We live in this area . It'll a bad problem and I think somebody's really got to look at it. Someday I ' Planning Commission Meeting October 3, 1990 - Page 12 11 somebody 's going to lose their life and then it will be too late . ' Erhart: Thank you . Is there any other discussion? Emmings moved, Wildermuth seconded that the Planning Commission recommend approval of Conditional Use Permit *90-4 for PJ's Restaurant with the following conditions: 1 . A revised landscaping plan shall be submitted providing additional ' coniferous trees and other vegetation south of the shopping center and a letter of credit covering the cost and installation of trees will be required and held for one year after the planting . It is understood that the object here is to provide a visual buffer to the south. ' 2 . The proof of parking plan is accepted with' the following conditions: a . Calculations shall be provided verifying internal parking lot landscaping meets the parking ordinance requirements . b . A revised landscaping plan shall be submitted providing description of internal parking lot landscaping . c . The 9 stalls on the east side of the building shall be constructed 1 prior to the opening of PJ 's Restaurant . d . No additional restaurants will be permitted in the Seven Forty-One ' Crossing Shopping Center . e . The additional parking shown on the proof of parking plan will be ' constructed within 6 months of being required by Planning Staff . 3. All trash shall be stored internally- !' 4 . Prior to the issuance of a Certificate of Occupancy , there shall be compliance with all conditions previously attached to other approvals on this site . All voted in favor and the motion carried unanimously. ' PUBLIC HEARING: PRELIMINARY PLAT REVIEW TO SUBDIVIDE 78.37 ACRES INTO 76 SINGLE FAMILY LOTS ON PROPERTY ZONED RSF AND LOCATED JUST SOUTH OF TIGtJA LANE. LAKE RILEY HILLS. JOHN KLINGELHUTZ. Public Present: Name Address . • Raymond Lewis 9701 Lake Riley Blvd. Al Iverson 1500 Park Drive Richard Helstrom 1500 Park Drive Sue Krienke 1500 Park Drive ' Hugh Jaeger John Klingelhutz 320 West 76th Street, *201 350 East Hwy. 42, Chaska I • City Council Meeting - April 25, 1988 II placed in another holding pattern while they basically last time and I'm wondering why the City was unwillin tootakepthe what Attorney's II recommendation from last time and act on that to get this thing resolved so we can get our dock? We feel we have... Mayor Hamilton: I think this is standard procedure for us. time Roger Knutson was here. This time Mr. Farrell is here and he's heardtthe testimony and he will come up with the Findings of Fact and talk to Roger and I'm sure II he'll have it back to us in very short order. I suspect we'll have it back here in a weeks time or sooner. Pat Farrell: Next meeting. e Mayor Hamilton: Next meeting we'll have I We'll get it just as quickly as we can.re not trying to delay you at I LOT AREA VARIANCE TO PERMIT A HOME TO BE CONSTRUCTED ON AN EXISTING 8,000 SQUARE FOOT LOT LOCATED ON WOODHILL ROAD, 2763-2766, CARVER BEACH, R AND R LAND VENTURES. LOTS 27 , II Mayor Hamilton: This item was before the Board of Adjustments and Appeals so Willard, can you inform the Council what the disposition was. II Willard Johnson: We discussed it. It's a lot of record and we granted the variance being it's a lot of record, unanimously. I SEVER PETERSON, PRELIMINARY PLAT EXTENSION. Mayor Hamilton moved, Councilman Horn seconded to ' extension until January 1, 1989 because of the o posedve preliminary plat Without the corridor havi. been approved Proposed TH 212 corridor. II Peterson doesn't know how it's going rtoeaffect finalized at this point, Mr. how it's going to affect his property, he can't go property. hrough a platting knows All voted in favor and motion carried. n9 Process. II HSZ DEVELOPMENT, SOUTHWEST CORNER OF TH 7 AND TH 41: A. REZONING FROM OI, OFFICE INSTITUTIONAL TO BN, NEIGHBORHOO II B. PRELIMINARY PLAT REQUEST TO CREATE 3 COMMERCIAL LOTS. D BUSINESS. C. SITE PLAN REVIEW FOR CONSTRUCTION OF A 25,920 SQUARE FEET RETAIL CENTER. D. PUBLIC HEARING FOR PARTIAL VACATION OF WEST 64TH STREET. IIMayor Hamilton: This is an item that's been before us many times also. We have new developers of this property who have presented a plat to us. Barbara Dacy: At the Planning Commission meeting on March 16, II Planning Commission covered a number of issues and the Planning 1988, the Chairman is here tonight, or at least I thought he was. Commission were discussed at the Planning Commission meeting dealt with theorezoning that iiE issue, the traffic and the transportation alignments and various it on the II24 .. yam City Council Meeting .April 25, 1988 IF .39 • 1 site plan. I'd just briefly like to review those and point out some additional information that has been made available. As far as the rezoning action is concerned from the office institutional to the neighborhood business district, 1 the Planning Commission felt more comfortable with this proposal because of the creation of the BN district in the new Zoning Ordinance. Now the neighborhood zoning district specifically controls height to one story for the types of uses II that are proposed. It also establishes a 50 foot building and parking setback from adjacent homes and requires a strict amount of screening to be constructed between residential and commercial properties. Ftrther, it provides for a specific list of neighborhood oriented uses. Another item of this proposal II that seems to gain more acceptance than previous proposals was the traffic separation from the commercial development to the adjacent neighborhood. Basically what t -that entailed, at the Planning Commission was a discussion of I two options. Option 1 being vacation of existing 64th Street and realignment _ of 64th Street further to the south of TH 41 so that a full intersection could be created into the development on TH 41 according to MnDot standards, approximately 600 feet south of TH 7. This option proposed an extension of 1 Oriole Lane down to it's existing terminus and then east adjacent to the Gowen and the Reed property. Another option that was discussed at the Planning Commission meeting, as labeled on your plans as Option 2 or staff has kind of I called it the Z option, would crisscross through the Reed property. Again, allowing for the full intersection farther to the north. I think it's fair to say that the Planning Commission felt that a reconnection to TH 41 for 64th ' Street was important. They also agreed with the neighborhood comments that there should not be assessments created out of this road construction project and the cost, if one of these options or another option to connect it to TH 41 should be born by the developer. The Council does have that option to require I that. Since the Planning Commission meeting there have been two additional alternatives suggested by the developer. What we're calling as Option 3 is the construction of a cul-de-sac at the southwest corner of the commercial site on I64th Street. This option would not make.a connection back to TH 41. Option 4 is the same principle however it goes farther into the Reed property and would provide for future resubdivision of the Reed property. Wt- know this is a •change from the Planning Commission. However, it is staff's recommendation I that a reconnection of 64th Street is very, very important to the neighborhood in this area. As you can tell by this overhead, this is TH 7 on the north, TH 41 over here, that this Washta Bay Road/Orchard Lane neighborhood has no I access into and out of the area other than 64th Street and TH 7. There is no - ability to cross or connect to Dartmouth Drive to the west because of the wetland area. Closing off 64th Street would force all of the residential trips I onto TH 7. TH 7 is a minor arterial and serves a different purpose. It's purpose is to move traffic between two points at a fairly rapid speed and without a lot of interruption. Retaining the connection of 64th Street would allow traffic coming out of this neighborhood to go south on TH 41 and provides II a second means of ingress and egress. Therefore, what staff is recommending Council to take direction on is whether or not 64th Street should be reconnected to TH 41. It's our recommendation that it should be. That either I Option 1, 2 or some other option can be evaluated in more detail when the Reed property would come in for platting. Condition of approval that was recommended by the Planning Commission was that that plat for the Reed property IL would be approved by the Council before construction could occur on the commercial property. As to the site plan issues, three items that we'd like to follow up on. One, there was concern about landscaping along the western border of the site. That the landscaping would extend to the TH 7 .property - II 11 25 r--‘ City Council Meeting - Al : 25, 1988 II line. The applicant has amended his plans to add ten 6 foot evergreen trees to I extend the landscaping along the Ziegler property line and all the way up to TH 7. Another concern was the concern from the Watershed District about water li quality on Lake Minnewashta. The applicant has revised it's plan to provide for an on-site storm water retention. The applicant has also revised the lighting plan to take better advantage of pole standards and so on and to create lighting structures that are constructed in such a manner to protect II glare from going onto adjacent properties. The Planning Commission and staff recommendation remains the same from the March 16th meeting. However, we would recommend that you would adopt the revised plans. If you'd like, Larry Brown II can address the on-site retention issue and the lighting plan issue, if you want to go into further detail on it. Larry Brown: As stated in the report, kind of at the 12th hour, concerns came I up regarding the water quality as this proposed storm sewer pipe would . discharge into the Herman Field Park. Not the park itself but the wetlands down by Herman Field Park. In going back to the Watershed District with these II concerns, they revised their initial recommendation and stated that they wanted additional on-site ponding. The plan that you see before you tonight addresses those concerns by constructing two ponds. One up here in the northeast corner II and the one you don't see, because this is the old transparency, is the one that on your plan shown in the southeast corner. These ponds do provide adequate sedimentation and the Watershed District has given their verbal approval on these. As you know, they will not give their formal approval until II the Council acts on these. The other issue was the lighting concept plan. Since the neighborhood had brought up such a great concern about the glare, they designed out or speced out special lighting fixtures similar to the ones that you see in the City Hall lots and kept the full heights at 20 feet such that the glare would not be affecting any other adjacent lot owners. They have • gone as far as taking this to a lighting consultant and had this plan analyzed II to make sure that the glare would not be affecting the adjacent property owners. With that I'll leave it open to Council questions. Mayor Hamilton: What I'd like to do is have the developer, do you have a I presentation you'd like to make? Roger Zahn: My name is Roger Zahn. I'm president of HSZ Development. I!d II just like to give a little bit of background on our approach to a number of the issues that we saw with respect to this property as we studied it and looked into whether or not we should go forward with this development. Having read the Minutes of the past Council and Planning Commission meetings and tried to II take into account the concerns raised there, many of than legitimate and trying to solve those problems. In our approach to the development, we have tried to a great extent to listen to the neighbors and if they had a preferred approach II that we might take, we tried to take that and work with then. That has caused us to kind of change directions a little bit more often I think than staff would like us to do and perhaps we've caused a few concerns on their .part by 11 doing that but we have done it in an effort to cooperate with the neighbors. The cul-de-sac ideas that have been discussed and that have been brought to you since the Planning Commission meeting were basically the neighbors preference. The Reeds and the Gowens, in our discussion with than initially they saw a little bit more of the idea of moving a road all the way through onto TH 41 a little bit more favorably and I think in analyzing their own situations, they would prefer to do it this way and that's fine with us. So we drew up some 26 1 City Council Meeting - _.pril 25, 1988 ` 2- concept plans showing that and it's also fine with us to put the road through. If we had a preference we would agree with the Reeds and Gowens and the other neighbors that thing that way, that the cul-de-sac approach would probably be I the best and it is our preferred approach at this time. At this point I think I'll turn, so you can see, we've got some presentation boards and we've got John Uban from Dahlgren, Shardlow & Uban here to discuss the planning issues I that he has worked on and we've got J.D. MacRae from Heise, Ryan, MacRae and Associates to discuss the architectural concerns and also Brian Larson from Barrientos and Associates to answer questions that you may have regarding any engineering. Craig Johnson also from that firm regarding landscaping. I IIthink I'll turn it over to John at this point. John Wan: You're all very familiar with this. I will briefly show this to I you. To give you an idea of some of the things that we looked and had to deal with as we were trying to develop a good development scenario for this parcel. This is a 200 scale aerial photograph. The subject property is right at the intersection of TH 7 and TH 41. This piece is isolated in a sense from the I neighborhood in that it really doesn't share access into the neighborhood itself and really is inctumbered by the extreme exposure to the highway system which actually makes it a good site for doing something like neighborhood I commercial. That's the attack we took and yet at the same time, all the residents in the pattern of development that has happened in the past, really spoke to try to separate the traffic systems from these two uses. So we looked I at a method of doing that. We worked with the neighbors to really come out with the best plan. Also to the south is a major Hennepin County park and open space system. The actual property is divided up into many single family plots onto the west and we have on Oriole Drive the connection of 64th over to TH 41 I the way it exists today. That connects to TH 7 and loops back across into the neighborhood and to the west. So we looked at the land to the south owned by two individuals to see what kind of options we had. We also looked at the area I circulation and did studies and we looked at the basic water drainage system. Here we found that there were some ponds put in place by the Highway Department that were draining the norther portions of the site but primarily most of it came through a very informal fashion and found their way into a marshland just I before it entered the lake which is a good natural system to take care of the water. So now we've only tried to augment that to meet the criteria of the Watershed District and the City so this water is now handled the best way 1 possible. We've studied this and solved some problems. There's water that comes across the road. We've looked at all of those developments. In our discussions, staff has already reviewed the options that we've looked at but we I did several things. We met with MnDot. We tried to work out problems that they had. Proposing to add a lane, a by-pass lane and then a deaccerleration and acceleration lane for the entrances. What we've developed then is a piece of land with it's own full access which separates it completely from the II neighborhood and this went a long way to really get the use integrated with much better architecture, lower buildings, good landscaping, good setbacks, low glare lighting, all these features to really make it work. We also worked I with MnDot to try and develop a solution to a very dangerous situation. It is very difficult for westbound traffic to make a left turn onto Oriole Lane so we worked with them and they will now, this summer, be restriping that section of IL- the road for a dedicated left turn lane because in the past people have been sitting in there, high speed traffic coming up behind them and they're sitting there waiting to make this seemingly innocuous left turn and it's very dangerous. People have almost gotten hurt so we've worked to try and solve II 11 27 72 City Council Meeting - Apr,l 25, 1988 that problem and we thing we have worked that out now with MnDot. This development looked at different ways of putting access into the land to the south to give than future development potential. Really what we've done is opened up the realm of possibilities and what could happen, there are several different solutions. This one looped through and followed the existing right-of-way here but some of the neighbors didn't want this road. Didn't want to finish out some of the platted roads that were in the area. So we looked at another system in which 64th was kept in place that then hopped down to the Reed property, followed the property line out then to TH 41. This worked except maybe the timing isn't ite right for both �N g parties at the same time and then we would not extend Forest Avenue either. The neighborhood did not want that to happen. So that's what led us to the final solution. That's maybe not the best name for it but hopefully it's one that will work very well. The cul-de-sac idea really is only the first phase of the previous kinds of solutions that we looked at. One in which Mr. Reed can develop a few lots, culminate 64th Street into a safe cul-de-sac and then it offers the platting and the continuation of the street that could open up the rest of the land in Mr. Gowen and Mr. Reed on out to TH 41 so it does resolve that deadend issue in that it can be completed. It does not use other existing right-of-way. it doesn't have to although the City certainly has the choice of completing the road system that exists and eliminating the other cul-de-sac. This also has the potential, and is requested by the City for safety purposes as an interim solution to this cul-de-sac is to provide emergency access right up into the site itself which we can do if it's really required so all of this is really designed as a first step. These two landowners are not developers really. They're people who own the land, have owned it for a long time and are not necessarily in a good position today to really jump in and take on all the responsibilities of development but this is a solution that they can live with and it gets than into working with their land on a slower pace. We think this works very well and will solve all the problems with circulation for the site itself. It works with the standards of MnDot. It helps revive a solution that should have been looked at a long time ago with the left turn lane into Oriole and it really starts the development pattern I think working out very successfully. We've worked hard. We've met with everyone and we think we have before you tonight the best solution we can produce and I think you'll see, when you see the product, the site design, that it really is going to be a very good development for you. I'll turn it over now to J.D. to go through that ' development unless you have any questions of me. Councilman Boyt: How long is your cul-de-sac? John Uban: This shall one, I'll measure it exactly. A little over 500 feet. Councilman Johnson: All the way. 1 Councilman Boyt: There's a second entrance there Jay on the bottom. John Uban: I'm measuring from this to this. ' Councilman Johnson: All the way up. That's your one and only entrance. Councilman Boyt: No. It cones out another part of TH 7. !!: i 28 ' P-7,) City Council Meeting . April 25, 1988 V John Uban: There are different ways of looking at it. If you want to measure it from TH 7, obviously we have several hundred more feet there but there's a platted road through here that forms a road. Physically it is not in place ' but it's platted right-of-way. ' Councilman Boyt: That other one is another 600 or 700 feet up to TH 7? That extension? Councilman Johnson: Where Orchard intersects.. . Councilman Boyt: I think I've got the idea. John Uban: If you're treasuring from TH 7, this is over 500 feet. • Councilman Boyt: Like about 1,000. John Uban: That's why we're providing the option of doing this. The landowner then can pursue the dedication through easements and dedication right-of-way for the completion of the roadway. J.D. MacRae: My name is J.D. MacRae. I'm with Heise, Ryan, MacRae and Associates. We're the architects on the project. To go quickly through the site issues first of all. Again, reorientating, TH 7, TH 41, full access onto TH 41 and a right turn lane only off of TH 7. We chose to build up on TH 7 two outlots that would be sold off for commercial uses. Then pulled our site back away from TH 7 feeling that the highest visibility is TH 7. The best useage for those lots then, for that intense t up on TH 7. We then orientated the building alongutheosouttaht property wline be Following the property property line. perty line. We orientated it that way for two reasons. One, the intersection with the stop light. . Full visibility of the project. The most sighted for the retailers. Secondly, trying to reduce the impact of our building on the neighborhood to the west which was of great concern. The impact to the south obviously, we have a lot of building along there but due to the height difference between this piece of property and the property to the south, they're really looking up through a berm and seeing very little of the building from this height. We then have an accessory building which is on the west side. Again, trying to minimize the amount of building there with a maximum amount of square footage that you can put on this site. We then have the parking out in, front with some drive-up parking along the center. The parking meets all the requirements of the City. The setbacks to the are actually about 59 feet I believe we have here rather than the 50 foot setback. Most of that is due to the grade difference from about this point to this point and the needing for the slope and the berm up on top to the landscaping which we'll get to in a moment. Well, we can get to it right now. We have a landscape plan here which has been amended, is not amended on here, continuing landscaping up to TH 7 as Barb had discussed. We have fir trees all along the perimeter of the property intermixing other types of vegetation and bringing in Scotch Pine. Then down below it we have sumac. Craig Johnson: We have deciduous shrubs. J.D. MacRae: Along this portion of the berm. We then have deciduous trees out in front that are thin, light trees so again the visibility is easy to see through. We have an arcade of trees on each side of the entrance making 29 'l3 City Council Meeting - April 25, 1988 • the concept that we were trying to sell in the beginning which is keep it 1[ separate. Councilman Hoyt made a statement on August 3rd, he said to vote on that we've got to be able to show that there's a significant portion of the neighborhood that supports it. I've heard Ben get up and say he supports it. I have yet to hear anybody else in the neighborhood get up and say they support it. I don't know what you consider significant but I don't consider one or two neighbors significant. I think I've heard a lot more neighbors opposed that for. Councilman Geving said something a little bit better quality, bring that back or something that could sell the quality angle. Keeping it separate from the homeowners. Low density. Bring us back something that's good quality, low density, good separation from existing homes. I think the one point in that that should be discussed is intensity. I think if you look at the records and if you look at previous proposals, this may be less intense by 1,000 square feet but you're not considering the other property up front yet to be developed and I would challenge that to the question of intensity. Mayor Hamilton made a comment in that meeting about, I'll quote, I can't for the life of me figure out how they can complain about noise, talking about the neighbors, or whatever it was they were complaining about that far away from the road. I think they're complaining about something that isn't a problem and I think I'm being realistic and they're not. I think if that's true Mr. Mayor, then residential would fit there. If noise isn't an issue. Going back to the Planning Commission meeting, the last meeting we attended, it was stated by Barb Dacy that as to this application, what we're saying is they can't start building here until the City has resolution on the street connection issue. From the staff standpoint, that's the major issue and that is to get the traffic connection back to TH 41. That's on page 15, about the third paragraph. I still think that's the issue tonight. I hear a sense in change in direction. I guess I'm just concerned that it's adequately discussed. There is a presentation on this board that shows two buildings. One is the 26,000 square foot building but there's another building placed off to the side in the presentation that is not part of what they're planning on developing. That particular building sits right behind Ziegler's home and that would in fact create a privacy issue with them in that it would protect them from the shopping center. I just want to point out to you that's really not in this phase of development unless they could find a builder but I think the way they're presenting it, it's not in there although it's in the picture. The statement was made about the berm and the statement was made that it's somewhat higher than the parking lot. Having lived through this in front of my house with what was the Baltic property, somewhat highwer is a very disturbing term to me. I'm still looking for the landscaping and the evergreen trees that was reserved with a letter of credit at that time. It's still not there today. That's back in 1979 so I think• somewhat higher is a rather elusive term and I think you need to do a better job of finalizing what that is. We talked about the view from TH 41 as we listened to this and the fact that somebody could sit in their car and possibly look down, at least slightly on the units on the top of this building, I'd like to point out to the Council that I live on the hill higher than TH 41 and I'm going to have the opportunity to look down across the whole roof, not just part of it. I think that's an issue. A community issue. Maybe very much a personal one but with good reason. I've been here before and I would like to see something directed in that area. We talked about the pleasing look. I call it the Canterbury stables look with the two cones on top of the roof. I would ask you to verify that that's within the height limit of E the Building Code for BN. I think it might be out of that area that's approved. I think that's the major issues. 32 '7 11 City Council Meeting - April 25, 1988 Ir Gary Reed: My brother and I own the property that's adjacent to the shopping center on the south. As far as the shopping center going in, it just depends ' on what Mr. Zahn is going to do for us. If we vacate the street, we have approximately five sewer and water system that we're not currently paying for along the street so that is the reason for the extension of the cul-de-sac into the property. We felt that that would be a good compromise to vacate the street. That we-would then be able to develop around the cul-de-sac area which would give us a little more depth into the property. Then the drainage situation that is currently there, where it cuts through the property, would ' have to be dealt with if this concept were to be accepted. We have a lot of drainage that comes off of the West Jr. High or whatever it is now, the Middle School, that comes off of their parking lot and cuts through our property and ' it can be a torrent at times so I think we're looking for the developer to look at that situation too because it would certainly be a part of his -drainage problem and we all met at one spot there. We would hope to also be applying for a BN type zoning on probably the front 3 1/2 acres and residential then around the cul-de-sac area. We feel that being back up to the shopping center, Ben Gowen has conditional use running on the other side of us and then to the south is the park and school and so on, that we would also apply in the future ' for a BN for the frontage along the highway. We asked Roger for a permanent easement into his parking lot so that we would then have two exits. One on TH 41 and then into his parking lot for that frontage. Then develop the back lots as residential at some future plat that you would have that comes before you. These are just some of my thoughts on it. We would be in favor of the cul-de- sac idea that's being proposed as we could work it out with Roger. Councilman Geving: Are you in favor then of that second access into the shopping center from your property to the north? You're the one that worked out and negotiated with the developer? Gary Reed: In the front part of his parking lot we would ask for an easement over his parking lot so that if we did develop it, we could then be part of his ' entrance and exit. We could exit out ours and then we would have no impact on the neighborhood as far as traffic flow is concerned. Now if you're talking about the emergency access to the back. _ ' Councilman Geving: That's what I'm really talking about. Gary Reed: I think if that's handled properly, there shouldn't be any traffic ' back through. My wife and I were concerned about the people that walk up to the school, we suggested to Roger and he agreed that putting a bike path up through and along the shopping center and then that would double as the emergency entrance into the cul-de-sac area if an emergency vehicle needed to go in there. Possibly leave a notch in the berming. At that point, I don't think it would bother anybody. I guess I hoped a little bit about protecting the rooftop units on the front of the building but I would certainly like to see them protected on the back side too. I wouldn't like to look at them. 1 Councilman Geving: So you're in favor of the project as it's being proposed tonight? 111L- Gary Reed: Well as the amendments on Y , en go on, as long as we work things out. 11 33 76 IICity Council Meeting - App _ 25, 1988 IILarry Brown: Point of clarification. I think Barb had t pu up on the overhead there, and correct me if I'm wrong Mr. Reed but I believe that was the entrance that you were in favor of. The one showing on the right hand side. Not i confused with the one that the applicant had shown. Gary Reed: That was the easement I had discussed with Roger and this concept, this isn't exactly laid out the way it would be probably. The concept is the 1 same but I would prefer it being forward here so, this isn't really to scale. I have 155' feet in here. My house and my sons house would be built on that and then I would like. another 100 feet or 150 feet in the lots here and another 100 II here... Councilman Boyt: How many acres do you have? 1 Gary Reed: There's approximately from, I'm severing this off so the rest would be probably 7-7 1/2 acres or so. IICouncilman Boyt: So you're looking at about half of that BN? Gary Reed: Yes, just enough to put one business on the property. We've had I the drive-in up there for years you know and I've been talking to some people that would reconstruct that idea and make a restaurant. Put an extension on the Reed's Drive-in theme. Operated for years and it was an asset to the IIcommunity. Paul Kerner, 6351 Minnewashta Woods Drive: I'm just here on behalf, we want to see some commercial development at that location. I just wanted to show my support. Mayor Hamilton: We should take them one at a time and look at the rezoning II from OI to BN .first of all. After that we'll look at the preliminary plat and see if we can't hammer out something that's workable there. Jay, do you want to start? Do you have any comments on the rezoning issue? I Councilman Johnson: Since this is the first reading of rezoning and the change to our ordinance on the cause for rezoning, and we're putting conditions in the II plat and site plan review and stuff, we prevent a second reading until we've satisfied the other conditions, i don't have a lot of problem right now with the rezoning because it's not a total rezoning at this time. I believe that BN is better than OI for the neighbors in that the OI is three story buildings II maximum at this time and possibly in the future will even be taller buildings in the future so theoretically four years down the road, we could see a six story office building in this area if one of the premise that we have, the II three story restriction on is because, one of the reasons is because the fire trucks can't fight a fire at this time. The new platform truck we'll have a couple years from now, we may be changing that ordinance. It's quite possible II that CI in this area, we could have a fairly extensive, several hundred square foot office building placed in this area that could cause even worse problems than the BN. Even currently you could put three stories worth of office buildings in here which could be a considerable amount of square footage of area. A lot of employees. A lot of traffic. A lot of potential problems. 1r Site wise, a three story building is a heck of a lot harder to berm away then a one story building. Given this is the first reading and it's not final until 34 II City Council Meeting - April 25, 1988 ✓ IIr- the second reading, we're not actually rezoning it tonight, until we get the single issue here is access and I'm going to talk more about access and I think ' , everybody else is going to talk more about access on the next phases of this but to me, this section should either be residential or business neighborhood. Right now we don't have anything before us saying go residential. Business neighborhood to me would be better. than OI for the residents in the neighborhood. Councilman Horn: I'll just repeat what Jay said. I think the BN makes sense. ' I think the BN makes a good transition for this area. Councilman Geving: Bill, do you have any comments on just the first issue please. The rezoning issue. Just limit it to that at this time. ' Councilman Boyt: I have a hard time separate this out into four issues. I'll make an attempt. I think that the strongest tool that we have here is the request for rezoning and that takes a four-fifths vote. I was happy to be reminded of what I had said earlier by Mr. Wagner. It's always nice to be haunted by one's quotes Mr. Wagner. I would suggest that it's somewhat ' difficult for me to know, I know this issue is probably beaten down a lot of the neighbors and it must be hard to get up and rally the troops one more time. I have heard that there is some sense that this is better. Whether it's good enough or not I think is something we have to hammer out between now and when it's finally improved. My guess would be that this developer is determined to 117 meet all reasonable interests of the neighborhood and I would anticipate eventual approvement. You show me that a significant part of the neighborhood is in fact opposed and I'll vote against it. By significant I mean you show me I k that, for my vote, that somewhere in the neighborhood of 60% to 70% of the neighborhood is opposed to this kind of development. I'd vote against it. I think it's incumbent upon the developer to meet the concerns of the neighborhood. I think the neighborhood has said that yes, the developer is moving in that direction. We have this zoned, it's kind of an unfortunate zoning. I think Jay has mentioned one reason it's unfortunate. I think ' another one is, it's taking a valuable piece of property out of circulation in the community. I think the thing that will keep this piece of property from developing residential is it's commercial value. Eventually someone, they ' can't afford to put a house there because the land is potentially worth that much. I think you've seen that over the years. You've seen it with four . different attempts to develop it commercially. As far as the preliminary reading, I think that it's very important for the developer to show a significant support of the neighborhood. I don't see a significant part of the neighborhood saying that they oppose it so I think it's incumbent upon the neighborhood to do that. This is pouring gasoline on the fire but I happen to agree with you that since a conditional use for a BN is a convenience store with gas pumps or an automotive service station, I would be inclined to think that what we're really looking at here is a very good screening system. I think it's a fairly good screening from that but I would anticipate that the use right off of TH 7 would be more intense than the shopping center. It's all projections so how do I know? Put simply, I like what I see. I think that there has been a good bit of adjustment to the concerns of the neighborhood. I don't see a significant portion of the neighborhood speaking against it and yet I want you to know that I will stand by my earlier quote. Councilman Geving: I think that we have come a long way in this development i35 rze City Council Meeting - 25, 1988 I from where it was just several years ago. I think that the developers have gone back to the homeowners and made a really significant attempt to work with the homeowners. I got this impression and that was the marching order that we gave to the developers. To meet with the homeowners. Work out the problems. Try to keep the separation as was mentioned earlier from the homeowners and don't impact them in terms of assesments. This is your project and it's very ' important that it remain your project. If there are improvements to be made in your area, they should not impact upon the homeowners in terms of assessments for roads and whatever is going to be constructed here. I think we've come a long ways in terms of trying to look at that corner. Now two years ago, we made an attempt to look at this as an office institutional area. We thought offices might be the way to go. It just didn't happen and I guess the market research and the studies will indicate that there just isn't a demand, a great demand for office at this time. Certainly not at that location. I think it's time to develop this property. I think it's time to develop that corner. In time it will get developed. Whether it's now or at same future time. The II concern that I have is that we continue to look at the separation of the development from the homeowners both on the west and to the south and I'm very much concerned about the drainage issue. There's going to be a lot of water coming south and to the southwest. It's happening now in fact and we're going to intensify that with any kind of construction. The big concern of course is the highway issue. I know we're on the rezoning issue but it all has to do with rezoning. I'm for rezoning personally because I think until we resolve that we can't go onto the other issues on the preliminary plat and look at where we're going. For the record, I'll be for rezoning this from OI to BN. Mayor Hamilton: It's certainly been a difficult piece of land to work with over the years and I like the plan I see. I know that office industrial space on the strip for instance, has between 17% and 25% vacancy rates. It's understandable that somebody wouldn't want to come in here and put in any office/industrial. It's just not in demand for it right now so I'm very much in favor of rezoning this to BN. I think it's a good use for the corner. I also feel that to reply to Mr. Connor's comment, I think if there had been somebody who wanted to do, felt it was a good residential corner, it's been _ available for so long that someone would have been here requesting to do that. It appears that this is the use that the people with the money who want to invest it to do something, this is the use they want to use it for and I think • it's a good use for that corner. Mayor Hamilton moved, Councilman Geving seconded to approve the Rezoning ' Request #85-2 to rezone 7.63 acres from OI, Office Institutional to BN, Business Neighborhood, 'First Reading as legally described in the proposed plat application. All voted in favor except Councilman Boyt who opposed and motion carried. PRELIMINARY PLAT REQUEST TO CREATE THREE COMMERCIAL LOTS. Mayor Hamilton: We have Outlot A and B which will be developed at a future 1:: time and the Lot C which has the retail strip center on it which we have before us. 36 1 City Council Meeting _ 25, 1988 1r- Councilman Johnson: My main comment on this one is rewording of condition 1 I which currently reads, approval of the preliminary plat and site plan shall be contingent upon the vacation of 64th Street right-of-way, approval of final ,3 p lat of the Reed property. I think we've got a real problem with Options 3 and/or 4 because I see this as an extreme, extreme might too far, I see this as a public safety issue and a public convenience issue. When we cul-de-sac that ' property, that forces these homeowners living on Oriole and that area, they have to exit onto TH 7. I hate exiting onto TH 7 up there. I drive up there every once in a while and I purposely go down Oriole and around on 64th Street so I can get onto TH 41 where it's much safer to drive. Somebody in a Trans Am ' might have a better chance than me in my Horizon. I appreciate the developers pointing out to MnDot that you can make that left turn lane in there and hopefully that will work. That's one place where I saw death coming in my rear - ' view mirror one day. What I'd like to do is redo this number 1 to make it a little more restrictive. Say, approval of the second reading of the zoning ordinance change, preliminary plat and site plan should be contingent... ' Mayor Hamilton: What page are you on? Councilman Johnson: Page 11. Under City Council recommendation. First item. ' Say approval of the second reading of the zoning ordinance change, preliminary plat and site plan shall be contingent upon the vacation of 64th Street right- of-way, approval of a final plat for the Reed property with no commercial, i.e. ' retail, business neighborhood, etc., access to the relocated 64th Street. Then continue on the way it is. In other words, the purpose for moving 64th Street in the first place is to prevent commercial traffic from being on 64th Street. That's one of the things the neighborhoods have complained about over the years Z is that traffic. That was the neighborhood concern that I'm addressing here. The movement of 64th Street to the south side of the Reed property and then rezoning the Reed property BN and allowing an access from this BN onto the ' commercial property has done absolutely nothing. All we did was separate. If the Reed property can be serviced from the existing entrance on the proposed shopping area without having to have their own access to TH 41, which MnDot won't allow them to have anyway, without having access to 64th Street, then it could work. But at no time will I vote for any plan that closes 64th Street's access to the TH 41 for any significant period of time. It can be closed during construction. Mayor Hamilton: We're still on (b) . Councilman Johnson: That is (b) . Mayor Hamilton: You're talking about (d) now. You're on 64th Street. ' Councilman Johnson: That's right. Condition 1 talks about 64th Street. If we don't approve this then (d) is just out the window anyway. That's the length of my real comment on this. I do want to compliment the developers here ' because they have gone a quantum leap I think from the last development I saw when I was here as a citizen, the citizens fram .thi.s area were also here protesting Copperwood Developments or whatever it was back then and we have made some improvements here. I think there's room to work and we might actually get this accomplished. 37 c, City Council Meeting - _i.l 25, 1988 Councilman Geving: I just want to go back to the Watershed retention of the stormwater to assure ourselves that that's going to be retained on-site and the staff update is correct as far as the record is concerned there in that the indication was that it's going to be retained in two places. Is that correct? Larry Brown: That's correct. On the southeast and northeast corner. Councilman Geving: You've calculated this out and this will work.? Larry Brown: I have checked the applicant's calculations and they are true to , form. Councilman Geving: I still believe that we've got to get 6441 Street out to TH 41. I just feel that somehow or another that's got to happen. I will continue to work in that regard. I have no other comments about the platting. I think we're in good shape here and I'll go along with that. Councilman Horn: My biggest concerns are the transportation. At one .point we thought we found a way to eliminate the left turn on TH 7 which seemed to me like a good way to go. The problem I'm really having with this whole thing is when I put together a whole transportation thing in a vaccum it makes a lot of sense to go one way but when I hear what all the. neighborhood concerns are and the developer concerns and the people who have property and they want to develop in that area, this scenario isn't quite simple. I guess we have an ultimate access to Herman Field now but my first impression on this is that I would somehow develop another access to Herman Field and I'd get an alternate out to TH 41 and I'd take as many accesses off of TH 7 as I could. But understanding the realities of what we're living with, I would support the last recommendation which is to put a cul-de-sac in. I think that's the best compromise with all the bodies and the all the people who are concerned about ' this because it is going to impact the neighborhood. There's no question about that. I think we've got to be sensitive to minimize it. I'm also concerned about this emergency access from the parking lot. I'm not so sure how we're going to handle that and I want to make sure that we don't misuse that and have bicycles and trail bikes and everything else going back into the neighborhood through that area. I want to make sure we handle that. Just to summarize, I think what we have here is the best compromise. Certainly it wouldn't be the plan that I would have come up with the first time I looked at this without hearing all the input but I think it's workable. Councilman Boyt: No comments. , Mayor Hamilton: I have no problem planning and creating three commercial lots on this particular piece of property. I have a little problem with the first condition that says that approval of this is contingent upon approval of a final plat for the Reed property. I'm not sure we can do that, number one. Mr. Reed could just, if he wanted to, drag his feet and change his mind and do everything he can think for the next 20 years and never reach an agreement so I'd like to ask Pat, that doesn't seem to me to be a reasonable thing to put in a condition. Pat Farrell: About half an hour ago I starred that particular point with a question mark. I'm not so sure that that is an appropriate condition. As I understand it, there is not a preliminary plat or any sketch plan or anything 38 1 City Council Meeting \pril 25, 1988 •_ by Mr. Reed at this point. I understand where you're trying to get to. I t think it's appropriate for the Council to apply pressure, if that's the right choice of words, upon the developer to acquire this right-of-way and the layout I s of the Reed property and that it all be considered but that's not the way to do it. Mayor Hamilton: I would prefer to see us put conditions in that the develop continue to work with the Reeds as far as developing their property and getting access to it. We could actually leave 64th Street as it is for this parcel to develop as long as the developers need to work with the Reeds to continue to come up with the proper layout for their property. Pat Farrell: One of the things, as I understand this layout, you may have to ' go to the Reed property to accomplish the connection of the street. One of the things that you could put in there that in the event that access is not obtained through the Reed property and the City has to come in with it, the developer pay for it. That might be a little bit tough but it's the only thing ' that I can think of at this point. You're going to need that and it's going to cost money unless he plats. If he chooses not to plat, you have a problem that requires a solution that requires money. Barbara Dacy: Two points of clarification. The property couldn't go ahead and build with the full access onto TH 41 and with 64th Street there. MnDot has said, if they want a fL.l access, 64th Street entrance has to go. LMayor Hamilton: They said that specifically? Barbara Dacy: Right. In their letter that's attached to the report. If I ' can, maybe the Attorney can help me out, if the words in the condition are not phrased the right way, maybe we can work together to reword that so that it is ' appropriate but the point being is that the intent is that the City wants to insure that the realigned 64th Street is connected to TH 41 and we want that surety prior to them building on this lot. The intent being is that the only way we would get to this point would be to have an assurance that the ' development contracts there which is usually as a result of a plat application. However, if you're saying that a plat is not necessary but some other type of assurance, staff's objective in any case was to make sure that 64th Street ' would be reconnected. Mayor Hamilton: I understand that and I think that's a good idea. However, to tie it to another person's platting of their land is unreasonable I think to the developer in this case. Pat Farrell: Illegal too. ' Mayor Hamilton: Okay, illegal. Let's come right out and say it. As a condition of the development contract I think it could be put in there that the I developer needs to continue working with the Reeds. What I was trying to say is that we'll attempt to work with the Reeds and with the developers to accomplish this so that it's fair with everybody but allowing the developers to continue with their project so this thing doesn't sit here for another couple of years. 39 i 1Le c'Ci'ty Council Meeting - i.l 25, 1988 IIGary Warren: I think, and we're trying to stay on each item here but as I prepared by staff memo for the vacation issue, it goes over and over here how can you spec even in a development contract performance for HSZ of an item that at this point is almost out of his control. That being the Reed property. I'd be uncomfortable a little bit I guess even trying to write a condition that says you have to provide a connection of West 64th Street to the Reed property or words to that effect in that it would be pretty difficult to really enforce. Even with a letter of credit or anything like that. That's why I approached it saying the call would have to be made is can we, with a cul-de-sac and a reverse scenario with a lot of our subdivisions that we end up dealing with, where we try to preserve right-of-way for the future. Here you've got one and you're being asked to vacate it. The question is can you live with a cul-de- sac with full intent that when Reed or Gowen or both come in that we would push through at some time in the future. Otherwise it gets pretty unmangeable from my perspective. Mayor Hamilton: It's kind of whatever works. Whatever is going to work is what ought to be done. If cul-de-saying 64th Street and closing it on TH 41 is what has to be done so it can move forward then I think that should be done so this project can move ahead and then you can still continue to work with the ' Gowens and the Reeds to accomplish whatever is going to happen there and the developer will be involved in that. Gary Warren: If someone wondered the assessments that are presently against , the Reed property are a legitimate issue that needs to be dealt with here if we would vacate a portion of West 64th Street because there is access and there are assessments that need to be paid and that could be a job of HSZ if the Council would choose to go with this cul-de-sac. Pat Farrell: I don't see that that requirement is so ownerous. I think we're all making too much of it. I think the requirement that there be a connection to the other road is a legitimate requirement of plat approval under Minnesota Statute and even the cost of that road could be appropriately charged against the developer. That's not to say that the Reed's ought to have a free ride. There ought to be some discussion back and forth of that but I think this Council could legitimately require that as a condition of plat approval. Ben Gowen: I'm just confused here. You're talking about a cul-de-sac terminating in the middle of the Reed's property and yet you're talking about connecting to TH 41. Now if you connect to TH. 41, I'm back in the picture very definitely. But if you cul-de-sac in Reed's property, 'I'm out of the picture. In any case, I'm for the development. Mayor Hamilton: What we're saying is that we want to connect to TH 41 at some , time. When that happens is not clear at this time. Staff is saying we want that and the Council is saying we want that connection to be made someday. If it has to be a temporary cul-de-sac now for a period of time until the Reed's decide how they want to develop their property, that's a possibility but we don't want to condition everything on the HSZ'S development by what the Reed's are going to do. Ben Gowen: You better continue then, Reed has to plot his land so that it can be continued. 40 1 11 City Council Meeting ,pril 25, 1988 11 k .— Mayor Hamilton: That's correct. That's what we're trying to get done. Ben Gowen: It's not fair to him. Mayor Hamilton: We're trying to be fair to everybody. We're trying to make sure that everybody's needs are taken care of and we can move ahead here. I guess I wish we had this worked out ahead of time with the legal counsel. We could figure out some way to handle this item. Councilman Boyt: Can we strike "approval of" in what's in parenthesis there ' and then accept what's left? Councilman Geving: I think we should. ' Barbara Dacy: I'm sorry, what are you referring to in parenthesis? ' Councilman Boyt: Approval of final plat for the Reed property, just strike that phrase. Mayor Hamilton: Good idea. ' Councilman Horn: I think the TH 41 issue is something we have to deal with later. I don't think we can tie it to this. Councilman Geving: When we see Reed's plat. * A motion was made at this point with the following discussion. Councilman Johnson: The rest of this thing talks about the execution of a development contract with the City of Chanhassen. I believe staff was looking ' at a development contract for developing 64th Street to TH 41. A letter of credit, etc. the rest of that is in reference to the realignment of 64th Street to TH 41. ' Mayor Hamilton: I think that's exactly what we're saying is going to have to happen. ' Councilman Johnson: You can't execute a development contract until you have approval of final plat. I don't what we just gained by getting rid of that. ' Mayor Hamilton: You're not tying it up with the Reed property. The thing can move ahead. ' Councilman Johnson: We're going to have to get a development contract from somebody to develop. As I read this... Mayor Hamilton: We're talking about HSZ's property. Not the Reed property. ' This does not pertain to the Reed property. Councilman Johnson: It used to be until we removed that one. The development contract... Mayor Hamilton: No. All it said about the Reed property was approval of the final plat for the Reed property. It didn't say we were having a development I41 City Council Meeting - April 25, 1988 I contract with the Reed property or anybody else. All this pertains to the HSZ property. Councilman Johnson: Okay, then you're going with the rest of this. So they have to have 64th Street completely realigned to TH 41 prior to the approval of the preliminary plat and site plan? Mayor Hamilton: That's what it says here. As far as I'm concerned, you could have a temporary cul-de-sac until such time as the Reeds want to develop. There's all kinds of way you can solve that problem. Councilman Johnson: That's what we have to do here. Your motion didn't talk about the temporary cul-de-sac. Mayor Hamilton: That's why we have discussion. Councilman Johnson: I'm against the temporary cul-de-sac if you're going to discuss temporary cul-de-sacs. Councilman Boyt: My problem is that we're talking about 64th Street. Can't we just vote on these things one thing at a time and take the issue and if we've got an issue with 64th, do it then. Mayor Hamilton: They're intertwined. You're talking about one issue. We're talking about one item on the approval process of the preliminary plat. This is one of the conditions and in one of the conditions it talks about 64th Street to TH 41. You can't eliminate that. We're going to get back to it and talk about it some more in a few minutes. Councilman Boyt: Do we have a motion on the table? , Mayor Hamilton: Yes we do have a motion on the floor. Councilman Boyt: I call a question. Mayor Hamilton: There is still discussion. Jay was talking about it. Did you have additional questions? Councilman Johnson: As I understand your motion then we get exactly what I want with the exception of I would like to see something in condition one that restricts commercial access to 64th Street. One of the original complaints of the neighbors is that it would increase the traffic up Oriole and through their subdivision if commercial had direct access to 64th Street which is what the previous plans had. Councilman Horn: This doesn't have that. Councilman Johnson: Me Reed had stated that he wants to p ut commercial front 3 acres of that which will then have access to 64th Street. coal on the Mayor Hamilton: That's not a part of this. Councilman Horn: Not necessarily. 42 1 City Council Meeting - April 25, 1988 11 r Councilman o J hnson: It could. Mayor Hamilton: That'd be a whole other issue. Councilman Horn: That's the whole point. We can't put a restriction on what I the Reed property is in respect to this property. That will take a whole other plat when that canes in and then we'll see. .. ' Councilman Johnson: We could at least talk that our intent is not to it commercial traffic on 64th Street so that when the Reeds, a future council can look at our minutes and when the Reeds come in here and say okay, the whole 64th Street was realigned to avoid commercial, one of the purposes was to avoid ' commercial traffic on Oriole Lane. Mayor Hamilton: Well, you said it. Eliture Council is not bound by anything we do so it doesn't really matter if we say it or not. Councilman Johnson: It matters if we say it because it might help sway the future council one way or the other as to what we are thinking at the time. Mayor Hamilton moved, Councilman Horn seconded to approve Subdivision Request #85-7 subject to the plat stamped "Received March 7, 1988", the grading and drainage plan stamped "Received April 6, 1988", the utility plan stamped "Received April 6, 1988" and subject to the following conditions: 1 1. Approval of the preliminary plat and site plan shall be contingent upon vacation of 64th Street right-of-way, execution of a development contract with the City of Chanhassen, filing of a letter of credit with the City of ' Chanhassen from a recognized financial institution authorized to do business in the State of Minnesota and a form subject to the City of Chanhassen's reasonable approval, and realignment of 64th Street to TH 41. 2. The applicant shall enter into a development contract with the City and provide the necessary financial sureties to guarantee the proper ' installation of the public improvements. 3. The developer shall obtain and comply with all conditions of the Watershed District permit. ' 4. Hay bales shall be placed and staked around all storm sewer inlets. ' 5. Wood fiber blanket or equivalent shall be used to stabilize all disturbed slopes greater than 3:1. 6. The applicant shall obtain and comply with all conditions of the permits ' from the Minnesota Department of Transportation. 7. Calculations verifying adequate pressure conditions for the sprinkler system of the proposed retail building should be submitted for approval by the City Engineer prior to the issuance of'a building permit. ' 8. The proposed sanitary sewer and watermain systems internal to the site will be constructed and maintained as private utilities. The City of Chanhassen 43 City Council Meeting - A, ..1.1 25, 1988 will not be responsible for any maintenance of the utilities with ( the exception of public storm sewer drainage facilities) internal to the site. 9. An acceptable traffic sign and pavement marking plan shall be submitted to the City Engineer prior to the issuance of a building permit. 10. Specific plans and specifications which address the specific alignment, , installation and erosion control for the proposed storm sewer system must be submitted and approved by the City Engineer prior to the issuance of a building permit. ' 11. The applicant shall submit a revised erosion control plan subject to the approval of the City ENgineer prior to the issuance of a building permit. 1 All voted in favor and motion carried. SITE PLAN REVIEW FOR CONSTRUCTION OF A 25,920 SQUARE FOOT RETAIL CENTER. Councilman Boyt: I'd like to start by saying to the neighbors who are here, I think you have a good point in which to use leverage and that's in how this site is developed. I think you're going to have to show some inequities in how it's developed to sway somebody else on the Council if you want to defeat the zoning change. On how it's developed, the Planning Commission made comment about Scotch Pines. I wasn't aware of this but one of the Planning Commission members said that they occasionally brown off. Is that right? Does anyone know? You're using a lot of scotch pines. Craig Johnson: They actually turn purple. That's the fall color. They do get dark purple. I Councilman Boyt: They don't defoliate? Craig Johnson: Well, all pines do. They go in cycles of 3 years perhaps. It , depends on the species but all pines drop their needles in cycles of 3 to 5 years but then each year they grow them again. That's the way the pines work. Councilman Boyt: What I'd like to see here is, I think what you're after and what I'm after is a visual screen that fortunately would get higher every year and I would like to see some sort of blend so we don't have all of one kind of tree. If for some reason they get struck by a disease, we're out of a visual barrier. So maybe you can blend in some other appropriate types of pines that are dense. I have a question about grading. Is there extensive grading going on on this property? It looks to me like there is extensive grading. What's the depth of the cut? Larry Brown: The depth of the cut would be fairly minimal. It's going to be , the fill amounts along the southwest corner, the grading along the southwest corner that's going to be... Councilman Boyt: So we're talking about how much fill? How many feet? Give me a sense of what we're talking. 20? Alright. I would like to see that as you develop this concept, I think that some sort of maybe a two tiered pine arrangement so that it's not just single trees in sort of a row even though 44 1 v(N( 11 City Council Meeting - April 25, 1988 1 your row appears to be somewhat staggered, that we really make that very dense. I would like to see, I appreciate the gentleman's comment about more total roof I creening. It sounds like you've done a good job from the highway and from a good bit of the housing in looking at your perspective. i really think that the view of the roof, as you agree, is very important and we should make every effort to make it a pleasant view for those who are going to have to look at it II so if we can screen off any kind of structures up there. That's all I've got. I'm sure interested in other comments from the Council. I think that this, to me the acceptance of this in the neighborhood is going to depend a great deal I on what it looks like. It appears like it looks pretty nice from the highway. What's it look like from the neighborhood? Councilman Horn: Did we ever get an answer to the question about the height of the building being appropriate? Barbara Dacy: Yes. Mr. Wagner raised that issue also. The Zoning Ordinance I states that the maximum height is one story and his question was whether or not that met the Building Code. Although I'm not exactly familiar with the contents of the Building Code, they will have to meet that. There are portions II of the elevation that do extend above 20 feet and that's the Canterbury approach. The height of the occupied area will be I think approximately 17 feet in height and it is our interpretation that that met the one story requirement. Whatever the Building Code says, we have to do anyway. So if it Ithas to be reduced, it has to be reduced. Councilman Horn: I guess my only concern is I'm not a real fan of the vinyl IF clad vinyl. Obviously if somebody wants the green stuff, well, now we've got red and black stuff but that seems to be what everybody is building with these days. Currently I don't believe our ordinance is quite clear on that issue. 11 I know we had a tough time defining what's an acceptable metal and what isn't. It seems like that corregated clad metal is fine but if you've just got corregated metal, that wouldn't be fine. My particular preference is not for that kind of appearance. IICouncilman Geving: I think it would be appropriate again for J.D. to come back up here and persent that landscaping and berming plan one more time and give us 11 an idea on your board here. I want to know whether or not we're looking at it from the west or we're looking at it from the south. Tell us again what kind of berming you're planning on the west side which faces the residential area and potentially to the south where there could be some residential properties II looking to this site and also the extent and type of greenery that you'll have. The types of trees. How tall they will be and so forth. II Craig Johnson: First of all, let me introduce myself. I'm Craig Johnson from Barrientos and Associates. We are landscape architects and engineers. Initially we went through the process of the Planning Commission approval, II developing and screening, etc. the issues. On the west side, we also have extended the scotch pines. There is potential for a berm to run from the right-of-way line to approximately this point here. That berming then would be accented by conifers. Those conifers, we selected the scotch pine because of their rapid growth first of all and their ability to withstand drought and the soil conditions that are on the site. We could intermix, I don't see any problem with intermixing species. Particularly if something becomes very IIlinear and the contrast would be very nice. We also introduced deciduous II45 v iLi City Council Meeting - April 25, 1988 I trees. The Norway pine to break that up also in view of the contrast to the deciduous and conifer trees. They're used limitedly on the west and south because they do not provide winter screening. We've maximized the south and the west with evergreens. Be it Austrian Pine and Scotch Pine and we've broken - that up with deciduous trees and Norway Maple. Then we go to the setback screening in this general area. We exceeded the Planning Commission's requirements in regards to overhead canopy or tree and an additional screening. Plant material would be planted at grade to provide, I believe it was 80% opaque in the winter screen. Internally we've used a lighter Honey Locust, the Sunburst Honey Locust which would allow for light shade and some view into the retail center which is very critical to the developer but also adds some shade for vehicular and users. For the entrance we decided to create, increase the impact of the sense of arrival by developing a canopy all the way up through and then orientating that to the center of the project site. This canopy would be made by the Little Leaf Linden. It has a very nice spring bloom and I think that is just another accent to the sense of arrival. The flowers are also very fragrant so the drive in will be visually and... Councilman Geving: On day one when you open the center and the landscaping is in, how tall will those trees be on the west side of that development? Craig Johnson: We're proposing to use 6 foot trees at time of installation and also a 12 foot. We place the 12 foot in the most strategic location adjacent to the building and we've also introduced I believe some 12 foot at this point also. The back side would mainly be 6 foot and then this first stretch would be a 6 foot tree. IlL Councilman Geving: How high is that berm on the west side? Tell us what the view is from Section A? Are we looking from the west to the east? J.D. McRae: This is the south face and this is the section. This would be on the west. Councilman Geving: Ziegler's home for example. J.D. MacRae: Right. Looking up through what we call the auxiliary building. You have heard that building won't be built right away so it would be bermed up and dropped back down to a flat building surface. This section is just further south of this one. This one actually cuts into the middle of the center. We're showing at this point we've got about a 4 foot high berm here. This point we're also 4 feet high. As we get along the back side, due to the incline, we're showing a 2 foot berm on the back side. Now again, as was brought up, at this point we're 18-20 feet high. The thought was that being that the property continued to fall off or stay at the same level. When you get down here, you're looking up into the building through the berm. You've got Section A that went through the auxiliary building. Section B that went along a portion of the building. Section C is cutting through the building on the west end. Section D is cutting through it on the east end. Section E the _ grade starts coming up as 64th comes up and meets TH 41. The grade difference is very minimal. Here we've got a 3 foot high berm. Councilman Geving: I'm satisfied with that. I just want to advise you though that this is the thing that Mr. Connors and Mr. Wagner were referring to. It always seems like the developer shows these kinds of schematics to us. They 46 1 11 City Council Meeting - 25, 1988 PUBLIC HEARING FOR PARTIAL VACATION OF WEST 64TH STREET. Mayor Hamilton called the public hearing to order. Gary Reed: I guess I'm a little confused on what you've struck from the Planning Commission. It seems like I've lost a little bit of bargaining power. I guess if you don't approve, and I guess I understand that you approve the concept of the cul-de-sac without extension of that to TH 41, is that correct? Mayor Hamilton: Right. Gary Reed: Then if it is extended, then I would not be able to get a BN type of zoning on my frontage there. Is that correct? ' Mayor Hamilton: No, I don't know where you came up with that. ' Councilman Johnson: I tried for that and it didn't get put in the motion. Gary Reed: I'm just trying to sort this thing out. ' Mayor Hamilton: We can't deal with something that's not before us is the whole thing. You say you want some BN... Gary Reed: I'm just trying to get a feel for where I'm at with the frontage. Mayor Hamilton: What I'd like you to do is make comment on the road. The ' partial vacation of West 64th Street. Gary Reed: I can't really make a comment on it if I don't know what it's going to do. At this point I'm for that concept. Not extending West 64th Street and ' cul-de-sacing it. I guess you guys heard that there was some future plan for reconnecting it. Well, I have no future plan for that. The only future plan I would have would be maybe utilizing a lot on the south side if there was some way to get into Ben's property if that would work out. But according to your cul-de-sac plans, I guess that wouldn't be a viable... I think another comment would be that it seems to me they want the road realigned with the school exit. ' Is that correct? Mayor Hamilton: There's been some discussion of that but I don't think that's real critical. Gary Reed: If they did then we would be dealing with Ben so it's not all on my shoulders. Ben Gowen: I think it's pretty important to figure out what your plan is for connecting. If you connect it, it makes a lot of difference where and how you're going to do it. Can you give us any clue what you plan on for the future connection? Mayor Hamilton: That's something that's going to have to be worked out with the property owners. It's pretty hard for us to say. Ben Gowen: When? 48 City Council Meeting April 25, 1988 I Mayor Hamilton: As soon as possible. Ben Gowen: Before they start building or what? 1 Mayor Hamilton: That's right. Ben Gowen: Then you're requiring them to connect to TH 41? 1 Mayor Hamilton: That's right. Ben Gowen: Do you have that that? Y perogative to require that. Mayor Hamilton: Sure. , Ben Gowen: I doubt that. - Mayor Hamilton: That's up to you. You can talk to your attorney I guess. ' Ours tells us we have every right to do that so that's what we've done. Ben Gowen: Then if you're going to connect, how are you going to connect? The drawings you're showing here don't show it on my property except for the very last 20-30 feet. These are sketches I realize but if it's a sketch, let's talk about what the reality is. , Mayor Hamilton: We're talking about partial vacation of existing West 64th Street and how 64th Street gets reconnected to TH 41 is something we just, that's something that the developers are going to have to work out with ? yourself and with the Reeds and see where it comes out. If they can't reach an agreement, then the City is going to have to go through a condemnation process to accomplish it. We can't sit here tonight and say we know it's going to connect up here, here or here because we haven't any idea. It's going to connect up with TH 41 someplace. Ben Gowen: That wasn't my understanding coming in here tonight. You guys are really going to connect it up regardless. Mayor Hamilton: That's what the motion that was passed, that's what it ' contains. • Ben Gowen: It doesn't seem very fair. Mayor Hamilton: I thought you were in favor of it just a minute ago. Ben Gowen: I'm in favor of the project, yes but not in being told what is , going to happen to my road. I'd like to have a say so. Mayor Hamilton: You'll have a say. I'm just telling you right now that we don't know where 64th Street is going to connect back with TH 41. We don't know that yet. It's going to connect up with it someplace. That's going to have to be worked out with you, with the Reeds and with the developers. ' Roger Zahn: I may have waited too long to make this comment. I was trying to address your concern about waiting until we get to (d) to talk about 64th. We have worked extensively with the Reeds and with Mr. Gowen and we have no 49 1 City Council Meeting - A, 1 25, 1988 objection personally as far as being the developers to connecting up to TH 41. This proposal came as a result of our listening to than and proposing it the way they wanted to have it done and that's the way we would like to see it also. Am I to understand that you have already voted. Mayor Hamilton: I guess I don't know how else to say it so that you understand ' it. If I could draw a picture or something, I guess I'd do that but... Roger Zahn: So you are going to condemn 64th if we can't work something out? Mayor Hamilton: Yes, that would be our only choice at this point. Roger Zahn: Could we come back and ask you to cul-de-sac it at a future point ' in time? We have worked hard with those people and that's clearly what they want on their property. It isn't really that we want to do any one of these things in particular except we want to work with the people in the neighborhood ' and that's what we've tried to do and we've talked extensively and that's really what they want. It seems like somehow this deliberation got taken out of their hands and it certainly wasn't our intent. We'11 cooperate with whatever you folks what us to do but we do want to support them. That wasn't our intention to get this thing set up that way, not at all. Councilman Horn: It was my intent that what we were proposing was what you ' recommended with the cul-de-sac. That was my intention and I thought that was how we changed the wording. That's my impression of what we want it to be. ' Councilman Johnson: I very clearly stated and restated that that's not what we're voting for. Councilman Boyt: I'd like to take a shot at this if I might. I think all we ' did was say we took off a constraint on you that said that Mr. Reed's final plat had to be approved before you could do anything. Then I think we had said all along, the Planning Commission had said that we think that it makes sense ' to eventually have this hooked up to TH 41. I don't see that we've changed anything except we said to you, your project does not have to wait until his project is approved. ' Mayor Hamilton: Item 1 of the Planning Commission's approval did not change other than to take out the Reed's necessity to have their plat approved. Nothing changed other than that. Councilman Horn: It doesn't work. ' Councilman Geving: I have to reiterate. My intention and my thoughts when we approved this was that we were only striking a few words which left out the Reeds from their approval of their plat. Also there's a bottom line, there's a ' very last line of that particular condition 1. It talks about 64th Street and that should be struck as well. The very last 6 or 7 words of that condition 1 should also be struck because it refers to the realignment of 64th Street. It's my understanding that what we voted upon was an intent at Some future time ' to realign 64th Street to TH 41. Just an intent. At sometime as Mr. Reed comes in with his plat, that would be worked out. What we voted upon was the cul-de-sac that was shown to us on the plan. That's the way I read it. I 50 City Council Meeting - April 25, 1988 r' Mayor Hamilton: That's because that's what I had said 1 cul-de-sac it temporarily until at same point it gets to TH 41,ythenathat's fine. I Councilman Johnson: That's why I pointed out that this last sentence was there and that we were saying that they couldn't cul-de-sac it. I thought I said it quite clearly. Mayor Hamilton: Did you want to leave in, and alignment Of 64th Street? Councilman Johnson: Yes, and I pointed that out and you didn't leave it in your motion. Mayor Hamilton: Both Clark and I had struck the last, where it says "and realignment of 64th Street to TH 41." Both Clark and I had struck that from condition 1 as well as, approve of a final plat for the Reed property. Those were the two items that we struck from condition 1. Gary Warren: The motion didn't strike the last phrase of it. At least the way I copied it down because I still had the question in my mind. Mayor Hamilton: My motion was it only struck the part dealing with the Reed property. it did not strike out the realignment. , Councilman Geving: But Tom it can't work unlE:ss you do strike the last part. Mayor Hamilton: That's fine with me. I ; o.A d just as soon cul-de-sac it. Temporary or whatever. I guess what I was saying all along was do whatever it takes to make the whole thing work and it ties back to TH 41 at some future date than that's what ought to be done. ' Councilman Geving: But that's the future and we can't... Barbara Dacy: Maybe the City Attorney should advise as to how the Council can clarify the intent and/or the wording on condition 1 on the preliminary plat for the record. Pat Farrell: You could have a motion to reconsider. You could go back to resolution whatever it is or motion whatever it is and make a motion to reconsider that to clarify the intent of the Council. Restate it deleting the last, whatever those words ending at approval and deleting approval of the final plat of the Reed property if that's really what your intention is. Councilman Horn: Right, and I made the second and I fully intended that that ' was not part of the motion. Mayor Hamilton: I think we need to finish the one that we're on. Seeing how we have a public hearing open and then we can go back. Is there anybody else from the public who has a comment about the vacation of West 64th Street? Any additional information? , Councilman Johnson moved, Councilman Geving seconded to close the public hearing. All voted in favor and motion carried. The public hearing was closed. 51 1 11 City Council Meeting - April 25, 1988 Councilman Johnson: I think it's premature until we find out how 64th Street is going to be connected up. We can't close the people's lifeline to TH 41, or ' your driveway. How can we vacate something until we know how we're going to replace it? Until the 64th Street issue is resolved, this should be tabled. This is a premature application for vacation. ' Pat Farrell: One thing that you could do is, you closed your public hearing. You could move to table that matter until a later time. ' Councilman Boyt: Before we consider the move to table, I think that the issue for me is, our intent on what we're going to do with the connection to TH 41. To move to vacate is to take an existing entrance and exit out of that picture. ' So the question to me is, are we taking that out permanently or are we taking it out until such time as there is an opportunity to put it back in? I like the idea of tying that particular question down sometime soon. If it seems appropriate to table it, I won't vote against that. It just seems to me at ' some point pretty quick here we have to decide what kind of connection do we want and that's going to impact on this gentleman's ability to develop that corner. Mayor Hamilton: I see no reason why the development can't move ahead prior to doing any vacation of 64th or coming up with the realignment. It doesn't have any affect on what's happening on the property to the north, just so long as it gets done and I agree with you. Councilman Boyt: I would argue Tom that this is a critical issue to the rest of the development. I don't think we have to vacate it until somewhere down the road but I sure think we have to tell them what our intentions are. Mayor Hamilton: Sure. That's exactly what I'm saying. Councilman Boyt: How can we do that if we table it? IIMayor Hamilton: We'll table it until as soon as we can get it back on the agenda and work with it more clearly. Somehow it's got to be worked out and I don't think we're going to solve anything here tonight. I would rather table ' it so staff can work with the Gowen's and the Reed's and the developer to come up with something that's going to work. All I'm saying is I think that can be going on while the development is going to proceed or, whatever else they need ' to do to continue on with their development. It doesn't stop that. Councilman Boyt: I see two of the neighbors saying, at least two of the neighbors we want a cul-de-sac. Councilman Johnson: The two property owners. Councilman Boyt: What •I'm very interested in is what do the people say who might be using 64th as a current entrance/exit off of TH 41? That's another affected group and I think we need to hear from them. For that reason along we IImight want to hold this up. Councilman Horn: The vacation of West 64th is a clear indication that the intent of the overall plan was to create a cul-de-sac and this portion would be vacated. I think the request to require that 64th go out to TH 41 is a total 52 gz City Council Meeting April 25, 1988 1 change in direction from what was being proposed and what these four conditions II i we were asked to vote on tonight represented. To me we clear this thing up by 1 accepting the cul-de-sac as it is, it's a permanent plat and later when the i Reed's develop and the Gowen's develop and they decide that they want to have a II proposal come in where it makes sense to run that through, we should deal with it at that point but at this point the request is to have a cul-de-sac at that point and we don't need 64th Street anymore and that's why we have the request II to vacate it. I believe, as I said before, that's the best compromise for this development at this point, and we should go ahead and proceed that way. As a matter of fact, I thought that was the way we had decided to proceed initially. We would deal with the issue of 64th when further development took place. II Therefore, I go along with the partial vacation. I think what that's telling us is that in no plan is there any attempt to leave 64th the way it is today. I don't see that in any of the plans that there is an attempt to leave it the II way it is today so I think it's appropriate to vacate it and I don't think it's necessary for them to have it to proceed with the project. Councilman Geving: I think it's premature at this time to consider the II vacation of 64th Street and I'll tell you why. It's a very legal matter. You vacate a street and you've just given it back to the property owners. We're not prepared to do that tonight. We don't know what we're going to do once we II have made that decision. The property owners have it as of the moment that we vote on it and I think the Council would agree with me on that. It's a very legal situation so we're premature on this. I think we need to buy some time II until we work out exactly what we're going to do with 64th Street as far as vacating it. In fact, the preliminary plat and the site plan is contingent i upon the vacation of this street. That is again going back to the number 1 L. issue that we're going to bring back after this is over so I think tonight we II need to table this matter and bring it back with some good intelligence of what we're going to do with the vacation. We can not vacate it. I'll tell you, we can not do it tonight. That's how I feel about it. We should table this II matter for further consideration. Councilman Geving moved, Mayor Hamilton seconded to table the request for II partial vacation of West 64th Street for further consideration. All voted in favor and motion carried. II Councilman Geving moved, Councilman Horn seconded to reconsider item 8(b) , the preliminary plat request to create 3 commercial lots. All voted in favor and II motion carried. Councilman Geving: My feeling is we should drop the last wordage of condition II 1. Put a period after "reasonable approval" and strike "and realignment of 64th Street to TH 41" and strike the words "approval of a final plat for the Reed property". II Councilman Geving moved, Councilman Horn seconded to amend condition 1 of the . Subdivision Request #85-7 to read as follows: I L1. Approval of the preliminary plat and site plan shall be contingent upon vacation of 64th Street right-of-way, execution of a development contract I 53 II C5 11 City Council Meeting - A, 1 25, 1988 1 with the City of Chanhassen, filing a letter of credit with the City of Chanhassen from a recognized financial institution authorized to do business in the State of Minnesota and a form subject to the City of Chanhassen's reasonable approval. All voted in favor except Councilman Johnson who opposed and motion carried. ' Councilman Johnson: I think what you just did, I hope you attend the funerals of the people that get killed on TH 7 because now they're taveling TH 7 more often. This exit to TH 41 is a crucial exit to those people living on that street and you just closed it. Councilman Geving: We understand that. Mayor Hamilton: Closed what? Councilman Johnson: You just closed 64th Street. They no longer have access to TH 41. You say sometime in the future. Frontier Lane was sometime in the future, it was many, many, many years in the future. These people are going to have to contend with TH 7 who now drive TH 41 because we're closing their only ' access and I don't think that for this commercial development that we should put our citizens in a safety predicament making than drive a much more intense, making the primary and the single exit out of this residential development to ' State Highway 7 is ridiculous. They should have an exit to a less intense highway, a less used highway other than TH 41. A safer route to get out onto the highway. Then they can go back up to the lights and have a red light protecting them from those oncoming eastbound cars as they try to get on if they're trying to go westbound. Have you ever gone up into Oriole Lane and tried to go westbound on TH 7? ' Mayor Hamilton: Yes. You can do it. Councilman Johnson: I'm going to totally vote against it. It's a prime public safety issue. Councilman Horn: I'd like to ask how this precludes another exit? All we're doing here is just. .. ' Councilman Johnson: You just gave them a cul-de-sac. ' Councilman Horn: All we gave than here was the fact that we didn't tie this redevelopment to another development on somebody elses property. We have not vacated existing 64th Street. All we're taking it out of here is saying that that is not a condition to approve this development. Councilman Boyt: I think Clark in the second line there where it says contingent upon vacation of 64th Street right-of-way so we are saying ' contingent upon the vacation of 64th which does mean closing it off. This is what we're going to do. ' Mayor Hamilton: Contingent upon though. It hasn't been done. Councilman Boyt: That's right. It hasn't been done so the vote as to what happens as far as the exit will turn upon our tabled matter. What I understand 11 54 7 City Council Meeting April 25, 1988 1' r - you're doing with what you currently struck is you're simply taking out the I , reference. You're not eliminating the ability. Barbara Dacy: Despite the option, connect or reconnect, you're going to have to vacate a part of 64th Street in order for the developer to get full access onto TH 41 so the intent of your condition is you're not making a specific statement at this time as to whether or not it should be reconnected. You're stating that you're reserving your option when the Reed comes back in for a potential plat. Is that correct? Mayor Hamilton: I think that's pretty accurate. 1 Barbara Dacy: The intent of the staff report was, again, that will come back in a fairly similar manner. The recommendation being that the City would not file the resolution to vacate the street until something is resolved. Either connect or reconnection so it's the cat catching it's own tail or the dog or somebody in Canterbury Downs. In any case, you're going to seeing the issue in very similar format with the same type of options. Gary Warren: Which means MnDot will not issue an access permit for the development and their new driveway access on TH 41 until the City vacates our connection so we're still tied in there. Mayor Hamilton: We've got to have more information on this and clarify some of this stuff that filtered out. Pat Farrell: Is the preliminary they're approving is the cul-de-sac on the Reed property? Gary Warren: The one I had on the screen, the last one, is my interpretation of what you're approving. ' Pat Farrell: Which one? Gary Warren: The short cul-de-sac not on the Reed property. • Barbara Dacy: That's the one that's not on the Reed property. ' Gary Warren: Otherwise if this is the version, than you're tied in with the platting. .. Pat Farrell: Just to clarify, my only point is you ought to nail down which ' one you're talking about because you've seen two of then. Mayor Hamilton: It has to be the first one because we're not tying this to the ' Reed property. We've already eliminated that. Barbara Dacy: So the Council is saying this one? ' Councilman Gevi.ng: Can we call it Exhibit A or something. Barbara Dacy: Option 3. 1 55 f` Cy Council Meeting - A, '. 25, 1988 I Councilman Johnson: That cul-de-sac happens to be on somebody elses property, not HSZ's property either. That's on Schmitz' property and Reed property. . Mayor Hamilton: Put a T on there on the HSZ property. There are a lot of alternatives I think that we haven't even looked at. Councilman Boyt: What do we gain when we pass this? I will admit to being a ' bit lost. It seems to me as though what the developer is trying to do is make some progress knowing what should be the next step the developer is taking and MnDot is saying if you guys don't vacate 64th Street, the guy can't have a I/ major entrance and exit to his operation. We've tabled that issue. Now we're coming back and we're sanitizing number 1. What I read, number 1 now says that the gentleman is eventually going to need to post a letter of credit for his II development and that's about all. Mayor Hamilton: That's normal. Councilman Boyt: Yes, but I'm saying that doesn't say... Councilman Johnson: We haven't solved anything here tonight unless we solve whether or not the realigned 64th Street is going to reconnect to TH 41 and at what time period does that happen? Without that we've wasted a lot of time tonight. We can't just cul-de-sac it like this. We can but I'm not going to. I'm saying that prior to vacation of 64th Street, those people need an exit to TH 41 and they need a road connecting all the way from TH 41 to where the old 64th Street used to be and that's the position I'm taking on this prior to any vacation of the other one. We can approve a preliminary plat but the preliminary plat doesn't have that cul-de-sac on it. The preliminary plat shows a vacated street but then a condition of approval of the preliminary plat is that we vacate the street and then we go to the next argument. We haven't solved anything yet. Mayor Hamilton: If that's the case, and if that's what you really believe, then what the City has to do and we should do immediately is start condemnation ' process and just select a place where the road is going to go. Based on what the developer is saying, they've worked with the neighborhood and they have not made progress and so rather than tying this to the Reed property, the City will ' have to go through a condemnation of property and force the road through. That's an option we have to take a look at also and I think those are the options we don' t have laid out for us tonight and that's what we need to look at. And I don't agree that we haven't accomplished anything. We've come a long ways. Maybe there's been a lot of gum beating but this is not an easy issue to deal with. Councilman Johnson: Could I ask staff a question? Mayor Hamilton: Is it something new that we haven't dealt with before? ' Councilman Johnson: It's something you brought up. . Can the City condemn somebody's property to put a new street in for the purpose of allowing a commercial development to develop in this area? Pat Farrell: Yes. I 11 56 9 11 City Council Meeting - April 25, 1988 I 1 Mayor Hamilton: So now we have before us, we voted to reconsider item 1. 1 • We're on 8(b) but item 1 of the conditions. We have striken approval of the final plat of the Reed property and at the last line, and alignment of 64th Street to TH 41. Councilman Horn: Unless I misunderstand something, our choices are we can have 64th ge through or we can have the main entrance to this development. Barbara Dacy: 64th realigned. I Gary Warren: One or the other. Councilman Horn: Realigned to go through or? I Gary Warren: 64th 1,100 feet south. Councilman Horn: 1,100 feet south of the Reed property or farther south? Gary Warren: 1,100 feet south of the center line of TH 7 which puts you into the Reed property. Councilman Horn: So if people really want that to go through to TH 41, then they don't want to approve this cul-de-sac? I .Barbara Dacy: Right. That's the issue. Either the cul-de-sac or you reconnect to TH 41. ' Mayor Hamilton: And that's why I'm saying their option is we should start condemnation process if those are our choices. Councilman Boyt: And that's why we tabled that is because we don't know so let's vote on this. Councilman Geving: I 'thi.nk we're still alright with condition 1. Councilman Boyt: All condition 1 says is the whole thing falls apart if we don't vacate 64th Street. Does anybody have trouble living with that? Councilman Geving: No, because it's going to happen. Councilman Johnson: Because we're really not saying how they going to cul-de-sac. .. TRAPPERS PASS ADDITION, LOCATED ON THE NORTH AND WEST SIDES OF PLEASANT VIEW ROAD APPROXIMATELY 1/4 MILE WEST OF HWY 101, LUNDGREN BROTHERS CONSTRUCTION: A. SUBDIVISION OF 32.5 ACRES INTO 34 SINGLE FAMILY LOTS. B. WETLAND ALTERATION PERMIT TO CONSTRUCT A POND WITHIN A CLASS B WETLAND AND DEVELOP WITHIN 200 FEET. 1 Barbara Dacy: Briefly, I know the applicant has submitted a letter to each of the Councilmembers objecting to three conditions on the plat. One of then being the tree removal plan. Secondly, in regards to the Park and Recreation 57 1 221 1 CHANHASSEN CITY COUNCIL REGULAR MEETING 11FJULY 25, 1988 ' Mayor Hamilton called the meeting to order. The meeting was opened with the Pledge to the Flag. COUNCILMEMBERS PRESENT: Councilman Boyt, Councilman Horn, Councilman Geving and ' Councilman Johnson STAFF PRESENT: Roger Knutson, Gary Warren, Barbara Dacy, Jo Ann Olsen, Todd ' Gerhardt, Lori Sietsema, Larry Brown and Jim Chaffee ' APPROVAL OF AGENDA: Councilman Johnson moved, Councilman Geving seconded to approve the agenda as amended with the following additions and changes: Councilman Boyt wanted to change it 11 to the first item under New Business ' and add an it under Council Presentations, the Minnetonka Weed. Councilman Horn wanted to add under Council Presentations discussion on referendums and Mayor Hamilton wanted to move item 9 onto the Consent Agenda as item (w) . All voted in favor of the agenda as amended and the motion carried. CONSENT AGENDA: Councilman Horn moved, Councilman Geving seconded to approve the following Consent Agenda items pursuant to the City Manager's recommendations: a. Resolution #88-77: Set Public Hearing Date, Industrial Development Revenue Bond Application, Lyman Lumber. b. Curry Farms 2nd Addition: ' 2. Approve RLS for Tracts A, B and C ' c. Approval of Development Contract for Buresh Addition. d. Approval of Development Contract for Ersbo Addition. e. Approval of Development Contract for Audubon West. f. HSZ Development: • 1. Approval of Development Contract 2. Approval of Final Plat ' 3. Review Final Site Plan g. Ordinance Amendment to Allow State Licensed Day Care Centers as an Accessory Use in the IOP District, Final Reading. ' h. Replat of Lot 6, Sun Ridge Addition into 2 Lots, Rod Grams. j. Mary Schumacher, 2841 North Manor Road: 1. Preliminary Plat Approval 2. Final Plat Approval 11 1 Z1 CITY OF � f 1111 :! - CHANHASSEN 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937-1900 • FAX (612) 937-5739 ' August 29 , 1990 CERTIFIED ' Mr. Roger Zahn ' Seven-Forty One Partnership 1010 Pleasant View Road Chanhassen, MN 55317 Re: Expiration Date for Installation of Improvements for Seven-Forty One Crossing and Reed's Orchard Ridge Project No. 88-17 (pvt) Dear Mr. Zahn: ' On December 6, 1989, the City Council granted your request to extend the expiration date to July 1, 1990 for the installation of improvements on Seven-Forty One Crossing together with reducing your Letter of Credit. As this date has come and gone, and this year' s construction season is nearing an end, the City is very concerned as to your schedule for completing the required improvements on both Reed's Orchard Ridge and the retail center. We are therefore requesting that you provide us with a letter outlining your schedule for completing the remaining improvements on both projects. Listed below are the items remaining to be completed prior to November 15, 1990. If the City does not receive a letter with your intentions by September 10, 1.990, the City will proceed in drawing on your Letter of Credit to complete the improvements as outlined herein. ' The outstanding items to be completed by November 15, 1990 are as follows: 1. Finish street and storm sewer construction on 64th Street (Reeds Orchard Ridge) . 2. Repair erosion damage in pond lying south of retail center. 3. Replace dead landscaping on retail site. ' 4. Remove weeds around retail site (west and south sides) and replace with sod or seed to stabilize slopes. I 1 1 Mr. Roger Zahn August 29, 1990 Page 2 5. Complete landscaping as shown on the approved plans dated November 9 , 1989 ( i.e. sumac, etc. ) . ' On a closing note, the City has authorized the installation of a street light along the turn lane on T.H. 7 into the retail center, as well as, your main entrance on T.H. 41. The costs 1 associated with installation of these lights will be your respon- sibility. The City will assume the cost of electricity. If you have questions, please contact me. $incerely, 1 CITY OF CHANHASSEN 1 David C. Hempel Sr. Engineering Technician DCH: jms c: JoAnn Olsen, Sr. Planner 1 Gary warren, City Engineer Don Ashworth, City Manager Roger Knutson, Attorney Ron Quanbeck, Minnehaha Creek Watershed District ' Administrative Packet sent 9/10/90 i 1 1 1 1 I • 1 1 if,-2 f=� Ls- HRMA • E I S E . CITY OF D _� �� E R EIN E N ` - M A C R A E giNERINI ASSOCIATES SEP 141990 RECEIVED ENGINEERING DEPT. • SEP 141990 ' 13 September 1990 CITY OF CHANHASSEN • Mr. David C. Hempel eC 4Mi/� j`'` L�`t Senior Engineering Technician - - City of Chanhassen 690 Coulter Drive • _ P.O. Box147 Chanhassen, MN 55'317 ,el) Dear David: • Persuant to your letter of 29 August 1990, I'd like to apologize on behalf of Seven Forty One r Partnership for the tardiness of this response. • The following is an item by Item response to your concerns In the same order as your letter: i 1 . We are currently taking bids on the remaining work and will notify you as soon as we are to award. 2. Kraus Anderson has been contacted by me regarding this matter. It will be repaired. 3 - 5. Clem Springer of Weis Management, our center's manager, Is handling these Items Immediately with either our landscape subcontractor or our maintenance contractor. r •Please be assured that these Items will be handled correctly and In a timely manner consistent with the 15 November 1990 date so stated In your letter. Sincerely, SEVEN ONE PARTNERSHIP 1 • • Richard A. Heise , RAH:lah cc: Rick Scskin, Seven Forty One Partnership Clem Springer, Weis Management • i HRMA,123 North Third Street,Suite 808 Minneapolis,Minnesota 55401 Telephone 612/3392722 FAX 612/337-5468 I .tr,7114 me Ino.pmeo.,fv,.-----^ cc-c!...v. . te..7-5r-C-E19 11TMC Nr■*r./"..,..,1 -....) I , -,77:-.F.1--•-•..r,•,.......,-...,•-..-Z, ANVd1NO0J.Nowdmtri NUSN140\ • 'I I ., • ,..,, k , - ..., 1 . bl : i 6 1 .• ... r ., 1 r 1 $ • '< . . 1 • ; i , , • 6 • ..: . 4 • J• .4. 4 i i e . : 1 , 7 ?■ V 7 I i . T‘! : i (4!-; " 2 . . ]1 l• ...• r I 1 i 1 1 i ''' i I ■ i _t ;.1 , 1 i3 ; ; :'. ":: _ al - .c5i -..- .. - . • f • ? I „ -r I ' il o ,.t.1— 4 t : ,•; , • .1: 1• ., 3 1 • '/'l !'4 r; 4 . - = g; :"i 'l=,iti ;13 i )='''l ' '', i '',i() , ',,a..c , ,i1„. 1 . 6 La ,H1.1.1 -",n ., (, : • , 1 . 1 ... .,'; :1 ; : i ;■ i'3 t14 ., v . i ...; 361 ; 1144i ; ::33 6101345J•1■51.1P1'. 41, 4 i .. ,; : lm F. • I ( •0F2 ilt -2 ,... . j 51 i 4 si -J 11 ; -1. • • 00.1. 4€ ' . , '-. , . 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W O 1 / o^ 4• 'O - I o al CU o X22 d G'1 1 sZ • E ca vy cCn • I 1 E M M a <� o = = 5 Is E'" •o • m o g < r, 4 r, y 1' > = p N - a d r r ~_ N 1 N * 4 0 O N• ' < C ■ e• I' 3 o eCv to ~ L — R a . C N <_ -, 8 o .. q }rY'_.. G < a su r =5 C g _O QOM. OM b• C • f}�� (� Cr... r L' L.: t 8 = . 0 re- G� p; L v r 1 S 1 Restaurant & Bar 1 The concept : P.J. ' s will create a casual fun environment in which individuals 1 can get great food and service, in a relaxed casual atmosphere . The bar area of the establishment will be an extention of this idea. After dinner the patrons can join us in our bar for dancing and entertainment . The decor will be such that all groups of people will feel comfortable with us . Families will be a big focus for us , but we want to be an establishment where. someone can feel comfortable with a date as well . The service and decor will also lend itself to being a come as you are situation,where a suit and tie cland individual sitting next to someone in shorts will not be uncommon. The name and decor: 1 P.J. ' s is short of pajamas . the establishment will have life sized cardboard figures wearing a variety of sleep wear hanging from the walls . the employees will all be clad in mens pajamas in either the pant or shorts varity. We will be using alot of neon in the bar area, using blue and green to accent the hard- wood floors . The restaurant will be decorated in blue and green also, but adding mauve to create a light fun atmosphere : 1 The food: P.J. ' s will pride itself on it' s food quality and creativity. Aside from our regular selection of sandwiches, including burgers, ruebens and many chicken sandwiches . Our lunch specialty will be a carvery bar, where patrons will have a choice of three meats , cut and placed on a choice of breads and cheeses . The customers will then be guided to the salad area where they will get to help themselves to homemade potatoe chips and two salads, which will be rotated on a daily basis . The dinner menu will also include a variety of sandwiches but we will also feature some unique specialty items. Stuffed chicken breasts will be our main evening fair. These entrees will be filled with a variety of stuffings from crab to vegetables . Also being features will be prime cut beef, includ- ing filet mignon, New york strips, and Prime rib. For the health conscious consumer we will specialize in several fresh fishes offered daily and a variety of shrimp entrees . 1 1 1 i Jeffrey H. Irrthum 3667 Falcon Way Eagan, MN 55123 (612 ) 456-9767 Personal profile : ' Excels in positions of major responsibility requiring mature business judgement . An effective communicator who motivates and inspires others to their best efforts and maximum accomplishments through effective leadership, proper utilization of personnel and the ability to contribute creative and cost effective approaches to problem solving. Experience : ' Fuddruckers Restaurants / Discus Corporation Director of training and Human resources Develops and implements management and staff training programs . Rewrites and establishes training materials . Provides and distributes all training updates . Directs and guides all company employees thru said training programs -and seminars . ' Trains all incoming managers one on one in an established training unit. November 1989 - Present Fuddruckers Restaurants / Discus Corporation General Manager ' Directs and manages all business and operational functions . Hires , trains , motivates , and evaluates a staff of management personnel . Daily duties include : Scheduling, purchasing, accounting, sales reports , promotions and maintenance. ' June 1987 - November 1989 Fuddruckers Restaurants / Discus Corporation Assistant Manager Responsible for all daily shift operational duties as well as individual responsibility for multiple departments within the restaurant. December 1984 - June 1987 Mother Tuckers Restaurnats / Chammps Foods inc. ' Kithen Manager Managed and supervised all food preparation for regular menu service and special banquet events . Supervised and directed ' a staff of 2 assistant managers and staff employees . March 1983 - December 1984 Education: Normandale Community College Associates degree in science: Hospitality Management. August 1981 - June 1983 • i MENU APPETIZERS $AUCES i Onion Rings Honey Mustard Stuffed Mushroom Caps Fried Mozzarella Sticks Remoulade or H.M. Chicken Wings Marinara Chicken Tenders Potato Skins Sour Cream Deep Fried Mushrooms Buffalo Wings Seasoned Criss-cut Fries THE SALADS Chef Salad Ham & turkey with two cheeses, tomatoes, broccoli, cucumbers, and olives. Italian Mixed Green Salad ' Bell pepper, tomato wedges, onions, eggs, cucumbers, & sliced olives mixed in an italian dressing. Polynesian Chicken Salad Bananas, pineapple chunk, mandarin oranges, coconut, & walnuts with poppyseed dressing. ' Chicken Taco Salad Lettuce, cheese, tomatoes, green onion, black olives & sour cream. THE CARVERY Your Choice of : Ham Turkey Roast Beef Meat of the Day Served on your choice of roll or croissant. Build sandwich big as you want at condiment bar. Complete your lunch with a variety of side dishes of the carvery buffet line. Broccoli Bake Wild Rice Dressing Cheesey Potatoes Tuna Casseroles Pastas - Cheese or Marinara THE BURGERS, Bacon Cheeseburger - Bacon & Cheddar Mushroom & Swiss Burger Sicilian Burger Pike's Peak Burger - Sour Cream & Raw Onion I I I .. FROM THE COOP Chicken Sandwich Cordon bleu Ham & Swiss Chicken Club Sandwich Bacon & Swiss French Quarter Chicken Sandwich Cajun Seasoning Sicilian Chicken Sandwich Mushroom, Onions, & Green Pepper with Italian Sauce & Mozzarella ' Mushroom & Swiss Chicken Sandwich Mushroom & Swiss Mesquite -Chicken Sandwich ' CHICKEN STUFF IT ' Louisiana Corion Rouge Crabmeat & cheese topped with cream sauce. Devonshire Chicken Ham & two cheeses . Chicken Florentine Seasoned spinach mushroom & cheese - marinara Chicken Morocco Broccoli, mushrooms & cheese - cream sauce. TWICE BAKED POTATO . . . . . . Cordon Rouge Crabmeat, cheese & cream sauce . . . Champignon Rich mushroom sauce . . . Italiano ' Mushroom, onions, & green pepper in Italian sauce. . . . A La Leslie Crabmeat & sauce Bernaise . . . As is Served with butter & sour cream. ' MOUSE SPECIALTIES Shrimp Tortellini ' Plantation Casserole Pasta Prima Vera Meatloaf Sandwich Prime Rib Sandwich I Prime Rib Dinner NY Strip Steak Build your own pasta bar - Choice of Sauces Tortellini Marinara IRigatoni Alfredo Fetacini Calamara I I CHANHASSEN PLANNING COMMISSION REGULAR MEETING OCTOBER 3, 1990 Vice Chairman Erhart called the meeting to order at 7:30 p.m. . I MEMBERS PRESENT: Steve Emmings, Annette Ellson, Tim Erhart , Jim Wildermuth , and Joan Ahrens MEMBERS ABSENT: Ladd Conrad and Brian Batzli STAFF PRESENT: Paul Krauss, Planning Director ; Jo Ann Olsen, Senior Planner ; Sharmin Al-Jaff, Planner 1 ; and Charles Folch, Asst. City Engineer PUBLIC HEARING: 1 CONDITIONAL USE PERMIT FOR A RESTAURANT AND BAR ON PROPERTY ZONED BN. NEIGHBORHOOD BUSINESS' DISTRICT AND LOCATED IN THE SEVEN-FORTY ONE CROSSING' SHOPPING CENTER, PJ'S RESTAURANT, JEFF IRRTHUM. Public Present: Name Address . 1 Jeff Irrthum 3667 Falconway, Eagan Tim Whitten HRMA, Minneapolis Gary & Jan Reed 2461 West 64th Street Dale & Kelly Hance 6480 Oriole Avenue Don & Fayadel Dudycha 6451 Oriole Avenue Judy Hinklin 6345 Minnewashta Woods Drive Paul Krauss presented the staff report on this item . Vice Chairman Erhart" called the public hearing to order . Judy Hinklin: My name is Judy Hinklin. I live at 6345 Minnewashta Woods Drive which is west of TH 41 and south of TH 7. I 'm just wondering if any I of the people on the Planning Commission, if you live in that area? Emmings: I live up by there . Judy Hinklin: You do? Emmings: On Lake Minnewashta. 1 Judy Hinklin: Okay. And do you have to get into your home by using TH 7?, Emmings: Yes. Judy Hinklin: Okay. And how many people who are proposing to put the restaurant in that area live in that section? Tim. Whitten: Are you asking about the restaurant? 1 Judy Hinklin: Yes. Jeff Irrthum: I don't live in this area, no. I I IPlanning Commission Meeting October 3, 1990 - Page 2 I Judy Hinklin: Okay. The concern that I have is that there are so many ' homes going into that area and if the people here think that the major issue is parking , they 've got the whole thing all wrong. To me I don't really care where the people park . I mean I 'm happy that there's going to ' be development and it 's done right . I think we need a restaurant in that area but I think that people should look at the fact that TH 7 today is a very widely used highway and the people that have to come off of TH 7 and get into that residential area at night, during rush hour traffic, it's ' very dangerous . TH 7 needs to be modified in some way. I mean you've got all this traffic. You 've got cars going 50 mph and you're turning off into that area and it 's a very dangerous area and now you 're thinking about ' putting a restaurant there and if people move past TH 41 and miss the turn off going into the restaurant , that mean that they've got to drive down, turn around and come back and that 's a real dangerous area . I know that the people that live in that area think it's called dead on 7 . Just trying ' to get home at night and there 's been a couple of times in the last couple of months where I 've had people come head on to me trying to get into that area . So I think the Planning Commission has got to look at TH 7 and have ' like a long term view of what they're going to do with that area . When they put the shopping center in , they took Oriole Avenue out so that was one less road that we had to access TH 41 . Okay, so you 've got 2 roads ' that goes into that development . You 've got a lot of homes in there . A lot of children . A lot of traffic . You've got TH 7 which is very narrow and nothing has been done . It 's still 50 mph and I really think that somebody who 's in control should really take a look at TH 7 and start ' looking at all this traffic that 's going to start going through there for the shopping center and now a restaurant . I mean it 's a major concern and anybody that thinks that it isn't , they're not looking at it and I 'm real ' concerned that somebody's going to end up dead someday and somebody 's going to say hey . Somebody said something . We were on the Planning Commission and we didn't do anything about it . All we worried about was parking . ' Okay and so that 's my main concern. You've got to take a look at TH 7 and TH 41 and if nothing is done soon, then I think the people, if they put a restaurant in there, they've got to have some huge signs way before you get to TH 41 saying turn off at TH 41 and get in through that small entranceway ' that goes through the gas station that 's previously there because once you go past TH 41 , coming back is going to be a real bear and it's going to be a real hazard . The only suggestions I can think of is that somebody ' petition to reduce the speed around that area so that people aren't going 50 mph around that intersection and that maybe some more center islands be put in west of TH 41 where you turn off into the development. There is a left hand turn lane but there isn't any cement or anything telling people that are coming east that they can't try and pass on the right hand side. Erhart: Excuse me a minute Judy. Can I ask Paul to respond who's got jurisdiction over TH 7 and if the City has contributed any input onto this long term problem. Krauss: Sure . Highway 7 is notoriously poorly designed and it's been, you know it 's a State Highway. It 's been designed to that kind of at grade arterial standard and MnDot's looked at it and there is no major improvement program for TH 7. However , Chanhassen 2 or 3 years ago participated with a number of other communities and with MnDot to complete the TH 7 corridor study which suggests a number of incremental improvements that are going to be undertaken by MnDot as funding is available over the Planning Commission Meeting October 3, 1990 - Page 3 i years to improve the safety of TH 7 . There's a number of projects that were talked about in that report . It's my understand that they're starting! to undertake some of those. Not in Chanhassen so far but in Shorewood . There is , I would hazard a statement that the restaurant itself as being proposed is not the problem. I mean the retail traffic is going to be there regardless of whether it's a restaurant or some other store. TH 7 A the problem and we're aware of it . We've tried to get the wheels turning to resolve that . It's not as fast a process as we could like but we don't I have authority to make improvements ourselves on TH 7 . The City's also recognized the problems on Minnewashta Blvd. which doesn 't help you directly but Minnewashta Blvd. is programmed to be rebuilt hopefully next year and the intersection on TH 7 is one of the problem areas that would bell dealt with at that time so to the extent that we can make improvements , we are trying to do that . Erhart: Okay . Is there a person that you can give to Judy to talk at the ' State directly? Krauss: Sure . ' Judy Hinklin: The thing is that I 've , it's been my experience in working with people in the Chanhassen area . We have a park that 's supposed to go in that area because there are so many children and the land was given to the people in that area 10 years ago . Not only that but the man who donated the property also gave funding for the park . That was 10 years agil and every year now I 've gone to the meetings for the park committee . We even had a neighborhood committee formed . Nothing has been done and they promised us that this year the park would be built . And nothing gets done . We go to these meetings and everybody tells us we're volunteers and we 're I doing the best we can and its worthless and I 'm getting kind of dissatisfied with it . Now you're putting in a restaurant and I 'm telling you that TH 7 is a very dangerous area and if you have any authority at all , I 'm telling you you 've got to talk to people because somebody's going I to die someday . And a restaurant or anything else just isn't worth it . Erhart: I appreciate your comments. I think what we're saying is we really don 't have any authority other than a passive one that TH 7 has tried to coerce the State of Minnesota to improve it and we've been working with surrounding cities to do that. Regarding the park issue, are you familiar with that? Krauss: No . That's something that we can inquire about tomorrow. Erhart: Okay . If you could call Paul , he could give you an answer on that. Judy Hinklin: I 'm just saying that you know, people tell me to call and we, call and nothing's being done and this to me, this is more important than the park issue . I just want people to know that. That if they're going t put a restaurant in there, they've got to do everything that they possibly can to divert the traffic to make sure they turn on TH 41 and not put any more traffic than necessary on TH 7, especially during the rush house traffic if nothing is going to be done to that highway. Okay? I Planning Commission Meeting October 3 , 1990 - Page 4 i Erhart: Okay , thank you. Is there any other public comment before we let ' the developer respond to the recommendations? Is the developer here? Tim Whitten: Yes . 1 Erhart: Do you have a copy of the staff recommendations? Tim Whitten: Yes . ' Erhart: Okay . Would you like to comment on them or anything else? ' Tim Whitten: Yeah, we 've been working with the staff and agreed with their recommendations to date. We agree that there are conditions in the report . We did have the neighborhood meeting just this last Monday . 6 people and we talked about issues that were really more in line with the. . .issue and ' some of the past history . We explained that part of the ownership has changed because of the difficulty and things are being handled and will be taken care of as far as past history. I also have Jeff Irrthum who is the one planning the restaurant available too to answer any questions concerning the restaurant . ' Erhart: Okay , and your name was? Tim Whitten: My name is Tim Whitten . . . ' Erhart: Okay , Tim we might have some questions from the Planning Commission members here . Thank you . Any other public input on this? Gary Reed: I 'd like to make a comment . Erhart: Your name? ' Gary Reed: My name is Gary Reed and I live directly south of the shopping center and we 've been concerned of course about the landscaping and the ' issue of 64th Street which sounds like it's going to be resolved. I 'm just wondering if they have a timeframe on that? We 've been sitting and waiting for them to finish that for a year now. I guess I 'd like to pinpoint ' somebody on it . . .talking about November 15th or something. . . But by that time it 's too late to do the work you know. . . Erhart: What 's the most important issue in your mind to get this ' landscaping issue fixed? Gary Reed: That's one of the more important issues and then I did request ' the other night at the neighborhood meeting some more screening go up on the south side because we're just faced with a long block wall which just reflects all the sound back into our yard and it's not the most pleasant thing to look at. The back has all the air conditioning units and those ' are supposed to . . .and they have screening. . .so I think, is it Judy? Yeah, I think her point is well taken that they need some signage on TH 7 for westbound traffic because they're going to go down and do a U turn at ' Oriole Avenue which is a very dangerous intersection anyway. And so I think the shopping center as a whole needs signage down there at Super America or whatever so people can make a turn at TH 41 rather than going past it and then trying to get back to it . I Planning Commission Meeting October 3, 1990 - Page 5 Erhart: Okay , thanks Jerry. Anybody else? Reed: Hi . I 'm Jan Reed. Gary's just wanted to add one more 's wife . I j , Jan Ree Y comment . When he mentioned about the road and it's something that 's a concern to me . Right now there's a yield sign coming out Orchard, coming out of West 64th Street circle and it 's a yield coming off of that but the Orchard coming down the hill has the right-of-way going out to TH 7 . When you 're turning off of TH 7 , these cars that have the right-of-way come doll right in front of you and I would like to see a little more signage there that there 's a joint yield or some more signage because that does get to be a little bottlenecked sometimes and if in fact people are going to be coming and making some U turns, that needs to be looked at. Also, coming I down TH 41 Monday night after the meeting, we went back TH 41 and went to turn in there to eat at one of the restaurants and there is not very good signage up on TH 41 for the entrance there . It's very dark . There's nothing . There 's no markers or anything right on TH 41 and I presume you 'r going to do more with lighting there but right now it is real dark . Erhart: Excuse me a minute Jan . Would you point out where on the map that this intersection is? Krauss: I 'm afraid it 's off of this map Mr . Chairman . It 's to the west oll here . Erhart: Okay . It 's a north/south street entrance? ' Krauss: Right . And those are both local streets and that 's something we have authority to do what we think is necessary over . I can ask the I engineering department to look into that . The Assistant City Engineer is here tonight and we can put it on his list of things to do . The question of lighting out on TH 41 is one that we 've been attempting to rectify and there is supposed to be lighting installed as one of the conditions of approval . Emmings: To be done by the developer? ' Krauss: Yes . Gary Reed: It's really hard to find coming down at night coming from the II south . Just reflectors or anything at this point temporarily until they d get their signage in or whatever would help people. . . Erhart: Jan, did you get completed there? I didn't mean to cut you off . Okay, thank you. Anybody else? If _not I 'd invite a motion to close the public hearing . Emmings moved, Ellson seconded to close the public hearing. All voted in favor and the motion carried. The public hearing was closed. Erhart: Okay, Steve would you like to start? Emmings: Sure . I 'm curious about the compliance problems. Do you feel that you've got whatever leverage you need to get them to comply with whatever conditions they haven't complied with as far as the site goes? 11 1 Planning Commission Meeting 1 October 3 , 1990 - Page 6 Krauss: We do have an outstanding letter of credit so we do have their money which to us is the ultimate line of defense with this . We try to work these things out as reasonably and diplomatically as possible . Unfortunately we 've been somewhat frustrated in this case but we have every expectation that it 's going to be taken care of in short order and that 's why we 've established that deadline . Emmings: What's changed that makes you , I mean are they making promises to get this thing through? Krauss: Yes they are. Emmings: Is that the only reason they're doing it? Do we have any reason to believe them? Based on past performance . Krauss: Well , we are dealing with some different individuals which I think is significant in this case . Secondly, if all else fails, we 've already committed to cashing the letter of credit on November 15th and doing it ourselves so one way or the other it's going to happen. Emmings: Should we condition this approval on all of those things being taken care of? Krauss: We would not oppose that . Emmings: Well I would suggest that we add a condition here to condition this approval on compliance with, I don't know, whatever hasn't been complied with to date because there 's no excuse for that and I don 't feel ' like doing any more for them until they do what they said they'd do in the past . Krauss: To set a specific deadline on that, would that before building permit 's issued or before certificate of occupancy? Emmings: What gives you the most leverage to get the work done? • Krauss: The building permit 's more , I mean it will come up sooner . ' Emmings: I don't want to hang them up. I just want a way, something to hold over their heads so they can get their work done. If they need to start . . . IKrauss: Attaching it to the CO would give them more flexibility to get everything done . ' Emmings: I 'm not understanding. Krauss: Well we could either attach this condition to the issuance of a building permit in which case they cannot do any work until everything's completed or we could attach this to the issuance of a certificate of occupancy at which case they could work both on the restaurant and resolution of the problems. Emmings: Let's do that. So it will be compliance prior to issuance of certificate of occupancy. Okay. Otherwise, I thought the staff report was 1 • CITYOF 3"b ......._ I ,tv_o CHANHASSEN i k 4 ' 1 a 690 COULTER DRIVE • P.O. BOX 147• CHANHASSEN, MINNESOTA 55317 f (612) 937-19Q0 • FAX (612) 937-5739 I ' I MEMORANDUM TO: Don Ashworth, City Manager - IFROM: Karen Engelhardt, Office Manager IDATE: October 15, 1990 SUBJ: On-Sale Intoxicating Liquor License Request, Seven Forty- One Crossing, P.J. 's Restaurant, Jeffrey Irrthum I Prior to this item, the City Council will consider approval of a I conditional use permit for P. J. 's Restaurant located at Seven Forty-One Crossing to be operated by Jeffrey Irrthum. If approval is granted for the conditional use permit, Mr. Irrthum is requesting approval of an on-sale intoxicating liquor license and ISunday Sales license. As noted in the planning report, the applicant is proposing a 5,800 sq. ft. restaurant with bar. The seating capacity in the restaurant is 114 (60%) and 78 (40%) in the Ibar area. I have reviewed this application in detail and find that the application is in compliance with City Code except that the manager does not live in the City of Chanhassen. This requirement has been waived for other liquor establishments (Chanhassen Bowl and Chanhassen Dinner Theatre) and I propose the City Council consider Ithe same for Mr. Irrthum. He currently resides in Eagan. Mr. Irrthum has also noted that he was previously approved for a I liquor license in Maple Grove; however, details for a restaurant proposal could not be worked out there and he gave up the license. The City Attorney has reviewed Mr. Irrthum's personal financial I records and has not found any irregularities. The Interim Public Safety Director has completed a background investigation of the applicant and finds no reason to deny the license based on Mr. IIrrthum's character. On February 12, 1990 the City Council adopted Resolution No. 90-14 I establishing liquor license fees. Based on Mr. Irrthum's application, the fee for this license would be $8,800 annually plus I l 1 APPLICATION FOR INTOXICATING LIQUOR LICENSE I NEW AND RENEWAL . i 1 TO THE HONORABLE CITY COUNCIL, GENTLEMEN: I I, j_fiLit,0177e0r- _,' :id tkit , as _ lWbN�� Ni01 (Name of person ma ing application) (Individual owner, offit..� or partner) for and in behalf of MNI/F - I (myself, names of partners, name of corporation o: • association) 9‘1J7 hereby submit in duplicate this application for a ON 9., JW1 bf (On Sal or Clu , � iS Intoxicating Liquor License for the ` .�. j (Name of restaurant, hotel , or clt located at 46/19VafrfOxicattIJC for the sat (Street address and/or plat and parcel number of intoxicating liquor in accordance with the provisions of MinnesotI Statutes, Chapter 340, and the City of Chanhassen Intoxicating Liquc Ordinances, commencing _ AVIPAP1Vai C 192 and ending P,�+r. 1 3-i 1990. I In support of said application and in accordance with the requireme as set forth in said Ordinance, there is attached hereto, in duplica Je The Part I - General Information Form, Part II - Personal Infoi•matio Forms, the Bond, license fee, and investi ation fee. qj OA II . • g .Yii,i. _ For r` i 1 1g `� - n• Tit a of Person Tr-Cc/sal , names o1 pa?Tbers, names 1 . Application) . of corporation or association) 1 1 • CITY OF CHANHASSEN, MINNESOTA • IN SUPPORT OF AN APPLICATION FOR ON-SALE OR CLUB INTOXICATING LIQUOR LICENSE • Part I - General Information Directions: This form must be filled out in duplicate with typewriter ' or by printing in ink. If the application is by a natural . person, by such person; if by a corporation, by an officer, thereof; if by a partnership, by one of the partners; if by ' an unincorporated association, by the manager or managing officer thereof. ' 1. Name of applicant (name of individual, partnership, corporation or association);_ , 1 AT 11 �o — • 2. Name under which applicant will be doing business (name of restauran hotel or club) , business address and telephone number: Full Name nv (r �k1v Business Address4eVeNr*NO4 C1245444&" Phone — IF BUSINESS IS TO BE CONDUCTED UNDER A DESIGNATION, NAME ' OR STYLE OTHER THAN FULL INDIVIDUAL NAME OF THE APPLICANT, ATTACH A COPY OF THE CERTIFICATE, AS REQUIRED BY CHAPTER 33 MINNESOTA STATUTES, CERTIFIED BY THE CLERK OF THE DISTRICT ' COURT. 3. Type of applicant: ' • Individual Partnership _ Corporation Association or other ' 4 . Type of license applicant seeks? IXOn Sale/SW/My Club 5. (a) If applicant is an individual, state full-iname, residence and • business ppaddress �jand telephone numbers. Full Name ,) w I X1ss2I M ' Residence Address NO1 leCONKIA4 , gA {� X10 5611)3 .' Phone456- (dl Business Address ' &x hJ T ONC WAts,6 • Phone - (A Part II - Personal Information form must be filled out and attached for this individual) • • 1 ' -1- • I (b) The full name, residence address and telephone number of the manager, proprietor or other agent in charge of the individual owner's premises to be licensed. Full Name Residence AddressW Fn(,DIJVJM( Owl iM 5I73 Phone q( 't(c7 (A Part II - Personal Information .form must be filled out and attache( for this individual) 6. (a) If applicant is a partnership, state full name, residence and business address, telephone numbers, and percentage interest of each member of the partnership. 1. Full Name Interest . Residence Address Phone 1 Business Address Phone 2. Full Name Interest Residence Address Phone • Business Address -Phone 3. Full Name Interest Residence Address Phone Business Address Phone 4. Full Name Interest Residence Address _ - Phone Business Address Phone (A Part II - Personal Information form must be filled out and attached for each of these individuals) • (b) The managing partner will be: r' (c) The full name, residence address and telephone number of the , manager, proprietor or other agent in charge of the partnership• premises to be licensed. _ Full Name • • Residence Address Phone 1 (A Part II - Personal Information form must be filled out and attached for this individual) • -2 IIF THE APPLICATION IS FOR A PARTNERSHIP, ATTACH A TRUE COPY OF THE PARTNERSHIP AGREEMENT AND A COPY OF THE CERTIFICATE OF TRADE NAME UNDER PROVISIONS OF CHAPTER 333, IIMINNESOTA STATUTES, CERTIFIED. BY THE CLERK OF DISTRICT COUR I 7. (a) If the applicant is a corporation or association, give name of corporation or association, Chanhassen address and phone number, and home office address and phone number. 1 State of Incorporation or Association Name I Chanhassen Address Phone I IHome Office Address Phone (b) The full names, residence address and telephone numbers of all I . officers of said corporation or association. President IResidence Address Phone ' Vice President ' Residence Address Phone • ISecretary Residence Address - Phone I . Treasurer IResidence Address _ Phone (A Part II - Personal Information form must be filled out and attached for these individuals) I (c) The full names, residence address and telephone number of all persons who singly or together with their spouse and his or her I parents, brothers, sisters or children, own or control an interes in said corporation or association in excess of 5%. . I1. Full Name Interest % Residence. Address Phone - I • 2. Full Name Interest % . • Residence Address Phone • I ,.° I . -3- lr------r--P---,---------------T--, -:-----------------r------1- --4—.--,---------r-2-m-ti---- 3. Full Name -Interest % I Residence Address Phone 4 . Full Name Interest g I Residence Address Phone I (A Part II - Personal Information form must be filled out and attached for these individuals) . (d) The full name, residence address and telephone number of the manager, proprietor or other agent in charge of the corporation' or association's premises to be licensed. Full Name Residence Address Phone , . (A Part II - Personal Information form must be filled out and I attached for this individual) • IF THIS APPLICATION IS FOR A CORPORATION OR ASSOCIATION, • ATTACH A TRUE COPY OF THE ARTICLES OF INCORPORATION OR ASSOCIATION AGREEMENT AND BY-LAWS AND, IF A FOREIGN CORPORATION, A CERTIFICATE OF AUTHORITY AS DESCRIBED IN CHAPTER 303, MINNESTOA STATUTES. 8. (a) If the applicant is a' club, name of Club ;date that club was first incorporated • place of such organization ; present number of members ; the full names, position, residence address and phone numbers of all officers, executive committee and board of 1 directors. 1. Full Name Position Residence Address ' Phone 2. Full Name Position - Residence Address Phone . A 3. Full Name Position Residence Address Phone x• 4 . Full Name - " Position ' Residence Address Phone -4- 11 I5. Full Name _ Position Residence Address Phone I6. Full Name Position Residence Address Phone 7. Full Name Position IResidence Phone 8 . Full Name Position IResidence Address Phone 9 . Full Name Position I Residence Address Phone I10. Full Name ' _ Position Residence Address Phone I (A Part II - Personal Information form must be filled out and attached for each of these individuals) I ` (b) The full name, residence address and telephone number of the manager, proprietor or other agent in charge of the club's premises to be licensed. Full Name IResidence Address Phone (A Part II - Personal Information form must be filled out and Iattached for this individual) . IF THIS APPLICATION IS FOR A CLUB, INCLUDE A TRUE COPY MI 1 . OF THE ARTICLES OF INCORPORATION AND BY-LAWS. THERE MUST BE SUBMITTED A SWORN STATEMENT THAT THE CLUB HAS BEEN IN EXISTENCE FOR MORE THAN FIFTEEN YEARS OR, IN I . THE EVENT THAT THE APPLICANT IS A CONGRESSIONALLY CHARTERI VETERANS' ORGANIZATION, IN EXISTENCE FOR MORE THAN TEN YEARS. THE STATEMENT SHALL BE MADE BY A PERSON WHO HAS I PERSONAL KNOWLEDGE OF THE FACTS STATED THEREIN. IN THE EVENT THAT NO PERSON CAN MAKE SUCH A STATEMENT, SATISFACTC DOCUMENTARY PROOF MAY BE SUBMITTED IN SUPPORT OF SUCH FACZ I 1 , -s- t • • f 9. State the exact legal description of the premises to be licensed, (Applicant must also submit a plat plan of the area showing dime i location of buildings, street access, parking fhcilities and the locations of and distances to the nearest church building and pull school grounds. ) TAvrOF Ix 2 kax.- I 1 cc/e4 rV R-iy ON •O tN . t c�k L{ ail Womb( OF l x iPeD IN (,,or 1 - (6(riiP21-r ) 10. How are the premises classified under the Chanhassen zoning ordin i 11. State full name, residence and business I mess address and telephone number of owner or owners of the building wherein the licensed business be located, if owner is other than the applicant. • Full N ame &V11 k Residence Address 10IOV0J( Phone 1 • • •Business Address 1111( )j kw Phone Full Name • • I Residence Address Phone 1 Business Address Phone II 12. Where building is owned by other than applicant, state in summary conditions of lease arrangements- term of years, monthly rental, I etc. (A true copy of the lease shall be attached) . 13. If building is owned by individual applicant, partnership, corporal or association, state: a) Date purchased b) Name and address of person purchased from • ' c) Who currently holds mortgage? _I d) Who currently holds Contract for Deed? s e) Term of Mortgage _ ' f) Term of Contract for Deed I g) State the rate at which Mortgage g ge and/or Contract for Deed is beinc IIliquidated • __ _._ _ ._ _.. .........--,, -6- . . . , " : S . .1 . • Ih) Are the payments on Mortgage and/or Contract for Deed up-to-date? ` 4 State se aratel the amount of the investment that the applicant ha 1 p y t pp in the business premises, fixtures, furniture, stock in trade, and Iattach supporting proof of the source of such money: Business Premises $ ; Fixtures $ 111 Furniture $ ; Stock in Trade $ ; II Other $ . • 15 . Give full name, address, telephone number and the nature of the . I interest, amount thereof, terms for payment or other reimbursement, of all persons, other than the applicant, who have any financial interest in the business, buildings, premises, fixtures, furniture, I or stock in trade. (This shall include, but not be limited to, any lessees, lessors, mortgagees, mortgagors, lendors, lien holders, trustees , trustors and persons who have co-signed notes or otherwis( I loaned, pledged, or extended security for any indebtedness of the applicant. ) - 3J WI4 Cam►V r 5/14 A `An� t clebna, MN ix pLS sg- 4 - 535 _ 1 • l Q1�i �i,U2aC �nt I • • (VO oete2, 41.I • I • . - 1 - . 1 IF THIS APPLICATION IS FOR PREMISES EITHER PLANNED OR UNDER CONSTRUCTION OR UNDERGOING SUBSTANTIAL ALTERATION, THE APPLICATION SHALL BE ACCOMPANIED BY A SET OF PRELIMINA: I - PLANS SHOWING THE DESIGN OF THE PROPOSED PREMISES TO BE LICENSED. I • • 1 . 11. ------ • • If 16. State the floor number, square foot area, and rooms where in- toxicating liquor is to be sold and consumed. - (Applicant shall attach a floor plan showing dimensions and indicating number of persons intended to be served in the dining 1 rooms, and indicating and identifying all other rooms and other areas where intoxicating liquor is to be sold and consumed) 69C9 ker itkr 1'JO * 130Tk pr M PP-0.41 MAcr / IWO SQ F e 15N4 C k S c 11+ ?Car-dot trO2 TIC Pi/q2/ k 60C• g ? • • • . 1 17. What permits required by the Federal Government by the Laws of thell United States have been applied for or issued for the premises? Ill what name were these applied for or issued and what is the nature of the permit? . 1• • 18. What permits or licenses required by the State Government by the 1 P q Y Y Statutes have been applied for or issued for the premises? In what name were these applied for or issued and what is the nature of thll permit or license? m {uvt( ( t (E �cGL S+ct t- 5 FCc • • • • 1 r 19. Are any real estate or other taxes, special assessments, or financ claims of the City of Chanhassen delinquent or unpaid for the premiss to be licensed? If "yes", give details. Ir • -8- 11 II 20. What vending or mechanical amusement device company has or will have machines on the licensed premises? Describe nature of machines and devices . - I • ; I 21. Will live or filmed entertainment be offered patrons of the licensee premises? If answered in the affirmative, give complE details of the nature of said entertainment. I - MvtS ■ G -pr ovi'�-e..J b j b 5 's • 1 - I 22. Name, residence address, business address and telephone numbers of three persons, residents of Carver County, of good moral character, not related to the applicant or financially interested in the premix Ior business, who may be referred to as to the applicant's character. Name ?Oil) (SI ooroOc 9iN le-- . • Residence Address /5357 6 i L1A6& c o w b s b 2, Phone '937 - P75 - 1 Business Address Phone • I Name CQ.AVO Ztc"A,)d 9050 ST/QFTFORb Qb rf-.z4yG • Residence Address_ O7TKfi- 55 11-3.5- Phone 4174 - 75_33 1 Business Address _ Phone - I Name • Residence Address Phone IBusiness Address . Phone • 1 I . -9- • II 23. Applicant, and his associates in this application, will strictly II comply with all the Laws of the State of Minnesota governing the taxation and the sale of intoxicating liquor; rules and regulation promulgated by the Liquor Control Commissioner; and all ordinances ' . the City of Chanhassen; . and I hereby certify that I have read the• foregoing questions and that the answers to said questions are tr. - of my own knowledge. I further understand that an investigation Ibi not to exceed $500.00 may be charged an applicant by the City if thf investigation is conducted within the State, or the cost not to exceed $10,000.00 if the investigation is required outside the St"( . STATE OF ,., sa e ) I ss. COUNTY OF ✓ - I • ..14-1-0,3 N . Trr.4-L.orr,- , being first duly sworn, upon, his oath deposes and says that he is the person who has executed above application and that the statements made therein are true o his own knowledge and belief. I ' '111 411 - 1 Subscribed and sworn t before a of 19f0 . • me this ► i y . diti61S444s-ipi-4-4--4614— - ... . ._ . . KAREN J. ENGELHARDT ,' � u c.MESOA ' CARVER COUNTY My eorimion expires t016W I . • 1 ICITY OF CHANHASSEN, MINNESOTA IN SUPPORT OF AN II APPLICATION FOR ON-SALE OR CLUB INTOXICATING LIQUOR LICENSE IPart II - Personal Information Directions: This form must be filled out in duplicate with type- I writer or by printing in ink by the sole owner, ' by each partner, by each officer, or director, by each manager, proprietor or other agent in charge of the premises, by I each person who by combined ownership or control has an interest in a corporation or association in excess of ' 5%. Date: 9 - FO 1:14-TRV/A 1 Jerfae4 + l ay-{ Ii. True name: (last, first, middle) .Al 1 '/. l ' •' , MN I2. Residence address: number, street, city, state . phone Business address: (number, street, city, state) 5. (phone) II 6 . Place of birth: (city, county, state) 7. Date of birth: finrikV7 AK , M a ( , day,D er. ) 8. . ),j.S. Citizen? Naturalized? If yes, give date and place: IYes No. Yes No . 9. If you have ever used or been known by a name or names other I . than the true name given in #1 above, list such name(s)- and information concerning dates and places where used. Names _ Dates, Places and Circumstances. I . 1 I I . . F . . 10. . Marital status: Single Widowed___ Separated Married X Divorced . I 1. I married, true name, p ace and date of birth, and resi.ence address of spouse: ; . True name:' RC t (.1 L� •AC1� I Place and date of bir h: EB�r TOMERMMIII% Residence Address: ' jV 'i . tN "' r' - T I . ;es, Voter : _Yes No. If where are you registered? : PV . Is your spouse a ,registered voter? Yes No If yes, where is spouse registered?_ '" 1AN 13. Address hich Address (es) at whyyou have lived during t pre_ceeding ten years (begin with present or last address and work back. ) 1 ` No. and Street City and State Dates I• 6I vr�aN ' gig! MN/ -____ `,-e&/ ?MAW- I 2• ifr $t 01.04 *TM 4) Nell4 Itifir7 M J 19-AA 3-Sty - s. 1 -01 VOAPO rkklbotAk t•iti I • 1 14 . Address (es) at which your spouse has lived during preceedin ten. years. (Begin with present or last address and work bac No. and Street City and State Dates fit✓PAS 4"1 . it I ti ' -# ( GWNO►r ark 0,4 ,1 rito,. Mti 1 1 15. Kind, name and location of every business or occupation you have been engaged in during the preceeding ten years. (Begin with present or last address and work back: ) Business or occupation Location: Street address Nature of buinesil VID0140,› .frAttAf AO . Dtitatt 0P1,040■1 city and state or occupation 14 4ukr;g4u, Alf . *Lk/Mtotui . I Kmit-fvouri, lithomitstypti Aki f.eilkt,"..y/--- I Pouoq 3,ist.i totiv-Av -61404 b10 g gri ___ 16. Kind name and or II location of every business of occupation your spouse has been engaged in during the preceeding ten years. (Begin with present or last one first and work back. ) 1 a , - Business or occupation Location: street address Nature of business city and state or occupation II 1JOb 9,TIi2#&ri • nJNa WilhaDer0,40)7 MAN (V - 1 r . • • II 17. Names and addresses o -your employers ancripartners, if as ny, for the preceeding ten years. (Begin with present or last one first and work back. ) I . Names:Em.lo ers or •artners Addresses:Cit and State Dates B . MaJ fON .5s4-7 ;:)-- k a) w MIKE PMATri N.ESI AI( k^t Mr: b1-, Shire 12s- X-3i- "aab tISC-∎ J U . - t . D I Gti(..". 4tAtc.f 4.14 ERS - I I 18 . Names and addresses of your spouse's employers and partners, if any, for the preceeding ten years . (Begin with present or last one first and work back. ) I. Names:Employers or artners Addresses:City and State Dates 'cc'` '{``� CV-Ab.S �u14 .. S - AikPc+-'T" -�' k5 y Sht A N N t.t., T�-��.-( , !c Z� i £sj•.l- f�'/L/.' I �• Uj,•',,,d� I t`1 I li II 19 . Have ou y , your spouse, or a parent, brother, sister or child I of either of you, ever been convicted of any felony, gross or petty misdemeanor, violation of any ordinance, other than traffic? Yes No. If yes, give nformation as to the time, place and offense for which convictions were had. .- ' - . I 20. , .- Have you, your spouse, or a parent, brother, sister or child of either of' you, ever been engaged as an employee or in operating a saloon, hote , restaurant, cafe, tavern or other business of a similar I nature? Yes No. - If yes, gi information as to the time, place and length of time. digit Aq � Tl rviC wo f ew ce t o -roc; I ik*Vrakt.tv LkJ 124. ( Ae, ? t 1 t5 gtOwl A . I b.. . • I -3- • • • • 21. Have you been in military service? Yes X No. f If yes, was d • s harge (s) ever other than hon r ble? Yes _ No. (Upon request, you may be required to exhibit all discharge) 22 . Names, residence address, business address, and telephone numbers of each person who is engaged in Minnesota in the business of selling, manufacturing or distributing intoxicating liquor and who is nearer of kin to you or your spouse than second cousin, whether of th whole or half blood, computed by the rules of civil law, or who is a • brother-in-law or sister-in-law of you or your spouse. • 1. Full Name Relationship Residence Address Phone Business Address . Phone 2. Full Name Relationship 1 • Residence Address Phone • Business Address Phone 3 . Full Name_ Relationship Residence Address Phone Business Address Phone_ I 23. Are you a manufacturer or wholesaler of intoxicating liquor or interested directly or indirectly in the ownership or operation of' any such business? Yes No. . 24 . Are you directly or indirectly interested in other establis ments in the City of Chanhassen to which a license of the same kind h been issued? Yes V. No. II 25. Are you the spouse of a person who would be ineligible for a license? (Refer to Ordinance N 2, Section 4 for persons ineligible for license. ) Yes 4No , 26 . — What is the amount ofinvestment that you will have in the business, building, premises, fixtures, furniture, stock in trade, etc. , and what was the source of such money? (You must be prepared to, furnish proof of the source of such money.) (pp 0� °Wits1 OWITA1. ��i Pt t� X0 1/ A% D� 100 .1 �10 k t��42e �WU,/ I iei) ' J6w tiMely-04 1. OTKI. MK/• Alt, tPlP W rS. -ro ISnN i . . NON N►L{, 4ME thfr bieir k ew- - OI ,T(it -t 1 • 27.. Have you had any interest in any previous intoxicat'n ] iquor I . license that was revoked, suspended or not renewed? Yes No. 'If yes, explain in detail. ' 28 . Have you ever individually, or with others, made applica- tion for an intoxicat.i1:10 liquor license and had such application • denied? Yes pc, No. If yes, explain in detail. 1 . STATE OF ) I ) ss. COUNTY OF ) ' , being first duly sworn upon his/her oath, deposes and says that he/she is the person who has executed the above Personal Information form'and that the statements made therein are true of his/her own knowledge and belief. Signed: • . Subscribed and sworn to before me this day of , 19 • II Notary Public, County, Minn. - My Commission Expires • • • . • • • • . • • • • 1 - -5- The City Council wishes to have from all applicants - individual , I. partnership or corporation, and including also persons required to complete the individual personal information forms - a notarized . declaration of all direct or indirect contributions made to or in ' behalf of a candidate for Chanhassen City Councilman or Mayor, including but not limited to Candidates' Committees, Volunteer Committees, etc. , for all City elections from and including 1961 I to date. . This additional information is being requested at this time to establish a precedent for future license consideration to protect any license holder from being solicited for political contributions under the burden of knowing that any candidate could conceivably be 1 making a determination of a license renewal. • 1. Have you made any contributions as described in the first I paragraph above? • Yes , ` No. • I 2. If Yes, state year, to whom made, and amount. I . 1 i ig 1�� 1 . E 2 op I_ Date _ Subscribed and swo n to, before me • • this aa-►'•41ay of , 1990 . • •� . � ' Notary . blic, C- al ,,,t,v County, Minn. My Commission Expires _ /.0-/6-9 i •• KAREN J. ENGEIF'APOT . NOTARY PUBLIC• t: --:OTA - • • I CA Pvea co • ;�, �- • whr commission up:7 . .. . . 1 4 I . Cnnf► de4N t� CITY OF *f: CHANHASSEN 690 COULTER DRIVE • P.O. BOX 147• CHANHASSEN, MINNESOTA 55317 (612) 937-1900 • FAX (612)937-5739 1 MEMORANDUM TO: Karen Engelhardt, Office Manager ..�� FROM: Scott Harr, Interim Public Safety Director -s). 1 DATE: October 16, 1990 1 SUBJ: Liquor License Application, Jeffrey Irrthum, P.J. 's Restaurant Attached please find the computer checks on Mr. Irrthum. I ran a criminal history report and local agency checks. I have also 1 contacted Mr. Robert Grootwassink• and Mr. Craig Beebee, character references submitted by the applicant. Both men state that Mr. Irrthum is an upstanding citizen who had previously been granted a 1 liquor license in Maple Grove, Minnesota. After reviewing the information I have received about Mr. Irrthum, I find no reason to deny his application for a liquor license. • 1 1 1 1 1 1 1 ) Di l'T,'70 14t:.7t2 AUG 31 l'7)"'0 142720 ( HEF=T ( NONDISC_OSEBLE, END O MESSAGP 11 • ( - I 4 fit I I I i . . ( I I IC t ec,c r%cse a c I :: :-' j_ i4; 2: ' ..1.1 AUG 31 icc 14t2Or45 01 /02 II : r, I -• " A M =N ". I :. _.. . . _ , , :. _ . ;JG-11200. E.:: kILL .1 _,::: - . LD-,1-,1,: , '::: 172. CL''.. /C. rX7 11i070 ( 1—fl.. , : : . --1: : !:,::.:E: II . J. , ...,_ .... 7,1: ,._ 7 : 32: , ::,131; : 777 /,2A039A , ll ,—, ,..7:: . -...L=i--,.— ors Tm-Rnpm TURN Of, t( 1 —.7T T.177Y W' 0 /C: /TT --77,-7_EE 622431E 50E: 30 ) 1i/14/L4 WARNING LETTER 11 08/,-)7/3 :.PEED 431933 02/22/EI CPEED 410135 I ,--- II CHA004 AUG 31 1990 14:28:24 AC K PAGE WAITING PRESS PA1 ) CHA00,.: CHA006 AUG 31 1990 14:28: 24 AUG 31 1990 14:29: 12 02/02 NO HIT IICOP NAN/IRRTHUh, JEFFREY HERBERT.DOB/111062 J MESSAGE WAITING PRESS PA1 II ) C.tlf--.0'::7 NCIOSi AUG 31 1990 14 ;0: 54 AUG 1 1990 14:29:20 1L0IT fi,r,C,36C1 -251 100100 ' ri 1.43 P4:: : i-;::: : DOD/111042 NAM/IRRTHUM, , JEFFREY HERBERT II . END OF MESSAGE II r I !IIfICORPORAflON Persona!DIN :Financial Statemen To: I if I have any questions regarding the completion of this form, I should contact my representative at the bank. I I may apply for a credit extension, loan or other financial accommodation alone or together with someone else, I ("co-applicant"). If / apply with a co-applicant and our combined assets and debts can meaningfully and fairly be presented together, the co-applicant and I may complete this required statement and any supporting "schedules jointly. Otherwise, separate forms and schedules are required. I APPLICANT I Name 3effrev H. Irrthvm Address 16 7 Fat c^nriw v Fagan, M 5,5123 I r Telephone number 612) 456-9767 Date of birth 11-10-62 'Discus Corporation Director of Tr aining .Presen t employer Positron Address 3601 Minnesota Dr. Bloomington, MN. 55427 • I Business phone (612) 8 31-2 3 2 6 Loan purpose I CO-APPLICANT Name I Social Security number Address 1 Telephone number Date of birth -.—,. Present employer Position r Address • I Business phone Loan pulse I I 1 4 - r rte' + :_ k_;-err;-?'nom - 1 ;1. 7MlOL ••' gad S I I 1 I ad S I ,a d S I I .ad S ' aoualw p#10Uf I afgsd+d MOH at POMO I Uaq Put Ao lst Auedasd)O adAl Jo1gao 02 MAW O3NMO 0330 MOB S1O0'ti1NOO 0141 30VJ.WIOW Z 37f03HOS • 7y101 I • III - gad $ . ,ad. S , • S I 1 aoueleg PI .11!1 ONO 'On 0101RAed MOH /wwell00 I 01 peMO I Jozgep )o ewON Sa3H.LO one S3Allir7a1 •SON314 NOW 3n0 L 37f03HOS • ISA:171E1%V 00 :0 0 c I 3WOONl • 1N3ONIINO0 7V101 7b'101 "woo.. 4 Well 40040 1C1 • I I I OA 000ZT I atgtssodsnuog "Jo 1 .(:I japlsuoo °a vs - yS;M noA Ssalun slut MO4s • • Iou peso no.(j Powwowed; JO 130ddns two 'AuOWlly • (112160)JOWO I I I slatUay • 56X23 /0j I I 1S6161N( silnsMa7 • spuapp4p ' •. 10311ajand sy • I suoiSSJwwOQ Jes3opua Sy 1 00 •0 U S L AMOS iwouy swim IUaduuu°0 lueoydde-o0 ueoyddy mood; lenuuy I • 00 0000£Zt 7YJ.OL 00i 09£ZZ£ 7y1o1 ' (se nom I a/o1 SSW 632622 /e1O WON JON QM 0U U6)3 1 svy 1 S3i11718WT7y101 • I wean) sassy adlO, I • (Heiap Saplll4211 J2410 0 6: 0.0.5 .. . lauos3eld' • 9 omegas peep JO) =al u ° 1 0 0 0 - . •0 - • - i 0 . . •• 9 Gomp2 Pauna g,r. .AIs!:1111 - .: : a — • : . • • 001X0 teal /aWO UO Su211 JO -• • •W papaw 'anew vii selgowOlny 0 e 0 l e a L 9 elmpewos peuw0 Glass•lea gawp' 00: 000SZT g swoops peuseawH f elnpagae aaulumul aw uo 211207 00: 000$ f *ropey= eauernso ex)o emu Ja0ualns ysaC • • 00: 09Z: C elnegosl paw; SWUM*Si • • SeXE wWp Z elmelsos pauNO peep 40/ 630/4000 Pus -.r+. • • wab sawn pLOOW L elnpeuos) srewo Pue sewnla 'spuay Low; INK• 00 00 0 I VOW 9 esln p•e0301s•ry) Wm* .Upa40 $ 0' 0 0 $.0 sxueg lewd w ow I 6.16410 pus sass •3•20 w OM SIUnowy I • I ydl . (L a npeuos) elgs.{ad Sl01u000 3uawg2SW s'4 0• —40 000QZ I (2 +swpaps)saw O1 0K1114ad suao7I On. on At I saQMIS I (2 elnpeuo2/ swim °a egseAad sowO7( • •• $ e • I Uoioe •xuag S!4a IN 4saC 31010(uy I 4010 naf 52090) s2Q!1142ri iunowy I (UMO noA sass') Slaesy — el,Ca4oe gaa0 a3Wdwoo 01 WW1 avow P601 no.N hags alaJaoae 440110y• uziellosi I° owl OOlS ;seam 6W as =snowy ye puny• . - -a • • • '-t.77.... .:..,... - ;e,.......„1.,.; SCHEDULE 3 SECURITIES OWNED No. shares or Present Bond amount Description in whose name(s) registered Cost Market value !Awed Immirsied 200 Di c riic, Srnrk .7.5 f frpy Trrthtim • • tAn or 1 I • • I j : . • • • I I . . . . . • . . . • ' : ; L I . . . . ' . I TOTAL , 160 00 ' SCHEDULE 4 LIFE INSURANCE Face value insured Insurance company Beneficiary of policy Cash value Loans Jettrey irrthum Franklin Lite Leslie Irrthuni 13:5000 00 6000. 00 I CBSA I 15000 00 . 1 11 11 11 I Catholic Aid If , &5000 00 2000 00 . I . . • TOTAL 8000 00 SCHEDULE 5 REAL ESTATE Monthly Cost Present Amount of Address and type of property 1 Title in name(s) of Income Year acquired Market value Insurance Homestead 3667 Falconwar Jeffrey & Leslie $ 740.0.0. 00 • • Market Eagan / Home I Irrthum Year 19A6 17shon' nn xy,e1”e II I I$ Year • . . • • I I Year • . • • : i I . 1 I$ I Year 1 I Year • • : - • I SCHEDULE 6 MORTGAGES OR LIENS ON REAL ESTATE Interest Maturity Unpaid To whom payable .Now payable Rate Date Balance Homestead Carterette is 7Rn nn Per Moni-h il-.5-7. 1 2016 70000 . 001 I$ Per 1$ per ------' ' • • 1$ per -I ; . I SCHEDULE 7 LOANS PAYABLE TO BANKS & OTHERS AND INSTALLMENT CONTRACTS PAYABLE To whom payable Address Collateral or M Unsecured Now payable I Date Unpaid eu re I Balance tsMAL. I -Bloomington, MN Is 250 per MO 1995 I innna nn S per Master Card / VISA s 75 per MO I 2000 001 , Is per I, [$ per I • • • • , $ .-r I • - • . . ' , I Is per . . • Is per . . • ... ;t-.- I • • • • • 1 APPLICANT CO-APPLICANT IHave I ever gone through bankruptcy or had a judgment against me? ❑ Yes ` No ❑ Yes ❑ No Are any assets pledged or debts secured except as shown? ❑ Yes L1 No I ❑ D Yes No 11Have I made a will? ❑ Yes ® No ❑ Yes ❑ No Number of dependents (if none, check "None") 2 ❑ None ❑ None x Marital status (answer only if this financial statement is' ❑ Married ❑ Married provided in connection with a request for secured credit or Iapplicant is seeking a joint account with spouse.) ❑ Separated ❑ Separated ❑ Unmarried ❑ Unmarried I (Unmarried includes single, divorced, widowed) I The foregoing statement, submitted for the purpose of obtaining credit, is true and correct in every ry deta it and fairly shows my/our financial condition at the time indicated. l/we will give you prompt written notice of any subsequent Isubstantial change in such financial condition occurring before discharge of my/our obligations to you. I/we understand that you will retain this personal financial statement whether or not you approve the credit in connection with which it is submitted. You are authorized to check my/our credit and employment history or any other information contained herein. 1 THE UNDERSIGNED CERTIFY THAT THE INFORMATION CONTAINED ON THiS FORM HAS BEEN CAREFULLY REVIEWED AND THAT IT IS TRUE AND CORRECT IN ALL RESPECTS. I I De te My signature Ike Co-appiscam signature (H you ate isouastaig tine financial aoaoinmo0ation /jointly) I I I . 4 g r NC 1i023 MID(845-1670) I -11040 U.S.indlvithadTual kscome T nuRss.endtuol m ForSIP YaReJan--DoC.31111109,0ilftrAMILOrtilialisill 1111119,amaging .19 ItB No.1545-047A Label fir • Your first name and initial last name N,nYour social mcurfty number I . . ,,.. Use IRS label. A • If ajoint return,spouse's first name and initial last name Spouse's social security number Otherwise, ,..-- E • - please print L . • • or type. Home address(number and street).(If a P.O.box,seepage 7 of Instructions.) *Pt no. H '''',61Fikthriscy Act and 1 E - - Rpen/orb Reduction E City,town or post office,state and DP code.(If a foreign address,see page 7.) -*-1ACt Notice see ilIStisctions. Presidential k .Do you want$1 to go toitis fund?:4,1105/nigt.-itrANgl:Itmeia.' - . - charwe your tax Election Campaign • jqoint retumedoes your 1130Uee WilatitRORD betitiS fUndr;-';' ' tend=yOur refund. I 'Stogie ,----/4:, tcx-...7-1-:... nruesist• 'Ili t'sri;if tiii•fif-i~1;4-cpt.t;.... 4,:,F.-.t.,11r-mbili..-.1 Filing Status 2 ..3 y.- Check only Married M fling 'ojopa fte a tMeimtigaAwsiia*sneillaigm,it acidly d l y maim ........N- s.-e1V-m- -:.-1 W m. one 4 . -Head of houbehold beittupillifyiliggirelin),Illesymp 7 lisbutilibbeMbellWillibbaiwilson is yaw child but nil IOW dependent. ente r tiitldiswl sse—. --7d--- 5 _ Qualwdow(40 w & t dad t7eargPunskdi15 riSm-MO ithsrucois4 6a F Yourself If someone(such as yegr.piwant)can shim youesedellendeldrile eriinrien " 't4 AIM al bens Exemptions retum,do not check bare.But be sure to.clisfk the inst en,ina_aabonyege2. , decant ea is ., c::: ii .___._ ,' --- - ' '•--- v.),-- •••..-— -- - '''.l'at -vele (See b iSpouse 4:b merr Mill pser Instructions c ndents: - maick mem 2 er new eam -s- --;_ .--- -- -AV'W.0111,•- 'Milan ea k • ' on page 8.) - slow Mlle .1.- 41)Marne(first,initial,illd last nee) - I, iiralar2 won main leltr. '****1 ..L.11 alio) y J.it4.14,44A„, t/ . . • • • . , soy-, ,a 4,.:.,41 Ileel wali yea • • L e tad,al Ine Wth . . • • -11,:=1*07 ff more than 6 • • ----•---memidee fase i . . dependents,see " • • it,possa I0 Instructions on page 8. rilk-lis.el fiber 1 . . depenleats • • . . • ' • d If your child didn't live with youbut is donned es yaw demadantenderearet9115 ie igresmeatietedOweAblabeid e Total number of exemptions claimed. . : : . -•.-.. -: . - ,:..,..-..:.?..-, .; ,_,:--. A:- .--.- _. - Awe 2, wages,salaries,tips,etc4sttoeh Eoarolir.2) _____,___ -16,i,.:l'n:19.1fl. S..7.:15.....:,;"-,-1!N.l., 7 , 0 _ - Income _Ala Taxable interest income(also attach Schedule I 3 1 f vase$4001 -1--MM-i1TWiffrILl eA.vrnbi is', MIIIIMETil Please attach __11 Tax-exempt interest income(see page10)..BON'tinClude ocianiritik ab 1 I __. Copy B of your 9 Dividend income(also attach Schedule B ifieeer440M-• Azr::‘:-.11-'re-4J-k.4s--4)1"..1. 1-3fit'I' Forms W-2,W-2G, and W•2P here. 10, Taxable refunds of state and local income taxes,iiiinyllrein berksheidenplei 1 1 libeirectionm:- %.gn .. yrs 11 Alimony received .------..-i-.--;-1. .. -. -. -. . -1. , ,,,,,..i:-.1-.C=.OW nfrI.A.11M4 ,,. -.- ompsive Im I If you do not have 11111 a W•2,see 12 Business income or(loss)(aftricarkie W. .::;-,. iSc•-142,114140atx.1)W4ritorw =.- .....r-ta page 6 of 13 Capital-gain or(loss)(attach Schsiisis ff):.s.W3 MI rii*Vih,iact;#4.r0-)0- . '10 • KI-1...m Instructions. 14 Capital gaintlistributioninot:incited on line 13,(esepilb2100!:..-......s:-i*IR. . 1•1:,:::•..,.• .... mummit II I 15 Other gains ortiosses)(aftsciirevin;17.7), 7-: *4*, .. --7:::.7:.„'...:„:::-_--:• ilia Tetal1RAdistribidions- :'.. ..- :'- • i '.". ';•7'.'';':• - '7'i.ril;771 - lie Total pensions and annuities,..rim - , - - m 1----- • _.- .le -ibints.Illorities.PalineritiPs.,_Idlest.1101104_,_ .----..'- '--...;..'.----,: I- ..;-'."- : " *--:'''• ..'s 19 _ arrn income or jioss)tatlagiallediiillN:11.-....' i.,.!'-ii,,,,„4 .■...-,,i-tg.,,%;7:,;..7,Z,H--)1:71:47„:'iiii- ME I - - - - ----:,--,: ---- to Arninyworn•qtatarnalyan, -,... ,.. • Please . 4:*;.•-•%Fias-"'•-•relk.'-. ,-;:. ':. - •tinlirs - 111 III attach check *la Sociatescuritybenelts-.47;•-• •i , . .._ - . 1•___. or money g-bitter income(fist type and eiliodat - ouns seam n e - . Agau ilk , --- s . :order here. = ..4. iersia - 4 licurstAdsducuakimin .-. -- ,• , f , — , re NIP -.Adjustments s . . , . t to Income 26 Sonf-empioyed Milli ftwl 'IledldiOn.- :s_ .., , . --tiniage 36. Enli 1111 :: ' •• I i .27 _iteogh retinansentaleaanitsdkmployed= - • .. ...*• .. -21.:..-:., -..- in MN .,,. \ i -28 Penalty niftily wihdraysel of sank"' •.i- '.... • :Cil ASIligtt, -To.w.-.'-:.' if I 4 .(See 29_-Alimony.paklaitecipienttslastneme ; III 7; . 6-._ i Instructions andb social security:number. .. ._ -.." -RD III : —- --- : t on page 14.) 110 Add lines 24Th, 29.These areYourioti adiusbnanti -:-.:::: '7.::;',..';'1.-:- .---. . : --.41P _Adjusted 31 Subtract line 30 from line 23.This is.ybur adjusted gross income.if this Eno is ass* •• i ---$19.340 and a chtid lisedwith yoccsee-"EstnecHrearneerodituirinelefoirPhIP - •' 511 ; - '- Gross Income ..___ ihRinstructionsiOnuwent IRS I, I•1 !.._,.. •-- -- •- ., - •• *i a u-..,•-•••.-L • . - - -. - - " • < - I Form 1040(19ti,..9) j 47-:..-F•:- -91-tr,.-?•,-.241SVOTV .-1....".*=,-- --,, 1= •sr: eit4i""le 2 12,__Amount from kno 31(adjuftectiroes . - -U. . u19 .AS ,eino-eit .z. , _it-i. 14 Tax loam Check if: chlaititere65.2180LEN -III , COM pu- 1,---- Add the number of boxes checked and enter fhetchil tem , . -461111a — btion _ _.6 lf someone(such as your.pereracancieimInuns_ntimmtderit.chicithere...._*_...Allt 0 - d I • ,.. c if you are married filing a separate return and youiipouse bentresAnduCtrer, _. _Dr you are*dual-status alien.Melono 16 and Chedi htEe +_....23g.0 . .4.-t• • ••,.: • --•..1 i • #14 Enter the { • Your standard deduction(from Page 17 of the instructions),on ri -‘'• Wirier . e Your Itemized deductions(from Schedule&fine 26)_ 10‘7155- ' '- of: ' If you itemize,attedi Schuh*A and Checkheri:•:?1,42- '' ' -••' '--''e" mi 6cNpo - I . 35 Subtract kne34. .tronane.32•Entfifibotamithwe ''- . 36 Multi*$2.000 by thetotal number of ammptiors dialed online GO:,ii.' . :-4.tt .„., ',Er- 000 37 Tamable intent:.Stditiact line36.1men line35:Enfitilliiiiiiit01111151140116091of Int .....402.. 11/1,,WIS • ' Caution:If under age 14 and'suture more than 91,000 of inreibeent income,check here 10-MI '':%. Iand see page 17 to see if you ham to um Form 11154•5*-11m9,ff tax. •:.,:,• •AS Enter tax.Check if ham: a DU(Table,-11 laTackete Schedules,er istIliontO615. _;V'. _-_- '. ' (if any is from Frimi(s)8814.eader VW amount imw410.11 . I 4,A.i.ti iiilfii ; ' 4489 I - I ' .39 Additional taxes(seepage 18).Check if from 4 ELfinn 4970 "'ahem 4973-.•1-;;: 1-'z'A ,._ 40 Add fines 38 and 39.Enter the total . . .. . .- . .'-..- : .:,:-.: !..,._:it= .- ..• .i-..•:.*,,....'t'rir• q•‘°)/ 41 Credit for child and dependent ewe expenses(attach Form 2441) 41 ;/ Credits 42 Credit for the eldely or the disabled(attach Schedule R) '-.'''' 42 „ I (See Instructions 43 Foreign tax credit(attach Form 1116) f.; 43 ,, on page 18.) 44 General business credit.Check if from: . . ' / a 0 Form 3800 or b 0 Form IsPeolfY) ";// I 45 Credit for prior year minimum tax(attach Form 8801) 46 Add lines 41 through 45.Enter the total 45 4/ 47 Subtract line 46 from line 40.Enter the result(if less than zero,enter zero) 9 439/ 111 Other 48 Self-employment tax(attach Schedule SE) , -49 Alternative minimum tax(attach Form 6251) Taxes 50 Recapture taxes(see page 18).Check if from: a El Form 4255_._ _htlforrn 8611 - .. . • (Including Advance EIC 451 Social security tax on tip income not reported to employer(attach Fenn 4137) . . • : . II Payments) -52 Tax on an IRA or a qualified retirement pianist:tech Form 5329). 53 Add lines 47 through 52.Enter the total - • — • - • • • • * Li / - - Medicare 54 Supplemental Medicare premium(stfadi Fenn8808) . . 4 • • • %-• .. .,. • • 1•?kl..-}ii• aii..., I • Premium 55 Add lines 53 and 54.This is your total tax and any supplemental Medicarepremium . . _. ..... * Li 3 9 56 Federal income tax withheld(d any is from Form(s)1099.check* 0) 56 A-30'7 - 'V/ / 4 f — 57 1989 estimated tax payments and amount applied him 1988 return - 57 SS / I Payments sa Earned income credit(see page 20) Attach Forms _59 Amount paid with Form 4868(extension request) * _ .__,4„_„; •59 • w'2,w-2G, _60 Excess social security tax and RRTA tax withheld(see per 20) 1 40 and W-2P ..:A . to front. 61 Credit for Federal tax on fuels(attach Fowl-136) 1 :7.i alai 1:441 • - I 62 Regulated investment company audit(efts*Fon/1243V Pti...t.i 462 - Add lines 56 through 62.Theseare mortises,lielYlomb • '•• • - tv•.:-.4". i• • ---...?-•.=,•444*- / 63 , 5367 - , 44 If line 63*larger than line 55.anberamtlfalOYMPAILL,r; ..--;•-:-ja`.441. 434: 111" 4/60 •- • I 155 _Amount of line 64 to be ItEFUNIDES110 WU.r,,,0,...w4.4s.-.Alarcr-Asua•leo Ablifcmoteto 1 Refund or ie Amount of gne 64 to be eppuED To yowl vs EMMATEDTALOIAINJ Amount 47 If tine 55 le haler Men linil 63,enter aluoutirolovem idenfithed4.-- ii****1110 - -.., . . You Owe ,.._.___Amoiint payable teirdeind 'Rereamlikeillot.4101eogyposjotititirbof _• , - I ' 4i —Penafty for underpaymiefof esiiiiiiitieit Win iiiiiiii t"..-&-Willipp I , , , . ,.,..,,„,,,.. i I Sign tind.r penman:ef.roduri.I declare Matt berldmialbeelfbwitweissimeleperniagiftwikihniailliNatermam.inii106*-hin al sag bisfseadge and . k. Here ;4 . *ow.thorinin"°wreck andcumaste—oneutestAtevollomeetwisiottaadt woo**. akaassawhisavomieese, r k Your signoture . (Keep a copy r - .- -- ...,c•bele. . s s. • Your occupation .• J _ :.-' _ • -•- t- ..- .. of this return 0 $pouses signature moot return.BOTH must sago "bate Spouse's occupation , I for your records.) ..• Dote __ P 7-Prepense:social security no. PreParees 0 • •-- --- ---- ' --- - ----- Paid signature 11 sett ril * -emPteee -U trepaIlle m S Firm•s re (or • , . I • Use Only yours if self-employed) .0 —.. -----0 . 1 E.I.No. • and address - ZIP code _______ . -•.- --_________._-. I • ----- .-. - ---,..._.•._...... ..... ____ __...—......._ __. _ ins - oMB No.1545-0074 SCHEDULES A&B Schedule A—Itemized Deductions �g89 (Form 1040) (Schedule B Is on back) Qttecrunent Department of the Treasury Attach to Form 1040. ►See Instructions for Schedules A and B(Form 1040). Sequence No.07 Internal Revenue Service (1) Your social security number• Names)shown on Form 1040 • Medical and la Prescription medicines and drugs, insulin, doctors, dusts, / i,.-- iums paid, la %%,,/,�� y , Dental Expenses nurses,hospitals,medical insurance premiums you id,etc . • L_- %/�/ ��/ b Other. (List—include hearing aids, dentures, -ey�as�, /r,/fog/,//�i;/iir expenses not include transportation and lodging,etc) • %r ,/,,e/7� U expenses 'i//,i//,n//% /,/; �/� reimbursed or lb ,,%%,q,,/,/ ��/ � paid by others.) �%%/�%%%�i��/ (See 2 Add the amounts on lines la and lb.Enter the total here . • • 2 ;/v �a, ' , / ////// I Instructions 3 Multiply the amount on Form 1040,line 32,by 7.5%(.075) . • , 3 /�; ,/ /��///, on page 23.) 4 Subtract line 3 from line 2.tf zero or less,enter-0•.Total medical and dental . . • 4 / y, 5 State and local income taxes 5 - - 1 %if/ %//%,//'// / Taxes You 6 I I 3 ; %�//ipi,d Paid Rea estate taxes � ,//,//�/////�/� (See 7 Other taxes.(List—include personal property taxes.) • 7 ',!/i%/,////q, ?/�� Instructions 8 ��{ - on page 24.) 8 Add the amounts on lines 5 through 7. Enter the total here. Total taxes . 9a Deductible home mortgage interest(from Form 1098)that you _ , ',07-,,; ri Interest You 9s 55`4 %u ii/ /%� Paid paid to financial institutions.Report deductible points on line 10. ///1//�/�//�� • b Other deductible home mortgage interest. (If paid to an -/��/ / Instructions individual,show that person's name and address.) • .......... ,/,/ //��/�� on page 24.) 10 /� /`// 10 Deductible points.(See instructions for special rules) ;% ��/.// 11 Deductible investment interest.(See page 25) ® q„//,r �,%/ %' f/i/ ' 12a O� �,;,// /%db„ //�2- %;/// / /// 12a Personal interest you paid.(See page 25.) • 12b 10 a � /�� ' %%/ b Multiply the amount on line 12a by 20%(.20).Enter the result 13 Add the amounts on lines 9a through 11,and 12b.Enter the total here.Total interest• 13 - 5 check.(If you gave$3,000 or more to /v/// / I Gifts to 14 Contributions by cash or chec ( y ga �< �� any one organization, show to whom you gave and how much r�5 ,,, �, � Charity %�/� ��/i, you gave.) • ® j // �� ' (See Instructions 15 Other than cash or check,(You must attach Form 8283 if over$500.) 16 �%/// ' �'�/�'`/ on page 25.) 16 Carryover from prior year - 17 Add the amounts on lines 14 through 16.Enter the total here.Total contributions . ■ 17 ,,��,// !%/�/, 'i;,;;';/// Casualty and 18 Casualty or theft loss(es)(attach Form 4684). (See page 26 of • 18 Theft Losses the Instructions) VA/ /,q �i;;; / Moving 19 Moving expenses(attach Form 3903 or 3903F). (See page 26 ■ 19 Expenses of the Instructions) j 7p/,, , ��”j Job Expenses 20 Unreimbursed employee expenses—lob travel, union dues,job i'� /7,,, 'G'// sod Most Other education, etc. (You MUST attach Form 2106 in some cases. //� , �/% Miscellaneous • 20 %/Gr�///�//�i� W See Instructions.) ► /%„,,/;07g/i 4/f Deductions 21 Other expenses(investment, preparation, fe box, etc).t/3st ty nd nt •�+�?/Uu�!'aJ�♦ C'',r`s'” -! �P'e. - _ //, ,��, ,i, (see page 26 .. .i l C� - it for _�1 �CI � , , , ,-, expenses to / ,, , ,j. deduct here.) Z2 '1r��1 , / "/ ,/ 22 Add the amounts on lines 20 and 21.Enter thetotat ,;,/ / �/ / r 23 Multiply the amount on Form 1040,line 32,by 2%(.02).Enter — / . . : 12 - 7I - the result here ,►. 24 24 Subtract line 23 from line 22.Enter the result. zero er less,inter-0• //0////y04,;%, ; Other 25 Other(from list on page 26 of Instructions).Listtype and amount • - . - ;%//'��/fir/ / ' / Miscellaneous P 25 Deductions /y- cN/;/ , ��/, Total Itemized 26 Add the amounts on tines 4,8,13,17,18,19,24,and 25.•Enter the total here.Theft //, �,/', ,/, , , i s Deductions enter on Form 1840, line 34,the/LARGER of this total or your standard deduction , from page 17 of the Instructions •' fdmd A��„1040)i For Paperwork Reduction Act Notice,see Form 10401tatrvaions• - . _ _ il-1 1989 Minnesota Income Tax IYour first name and initial Last name Social Security number Fund Spouse's first name and initial Last name Social Security number M went ooffficesp help 1 e ,youm disc' one box. This wild not Ib Present home address(street,apartment,route) Increase your tax or reduce your City or town State Zip code County ftlepsaird h°r" un� You:❑ ❑ ❑ your J�„tiingie(or form 1040EZ) 0 married filing separate return +�:0 ❑ ❑ status: married Sing joint return ❑head of household 1 Federal taxable income(from line 37 of your federal form 1040 a - or line 19 of form 1040A or line 5 of form 1040EZ) . . . . . . 1 2 9 you itemized deductions on federal form 1040,NI out the worksheet 1 for Ine 2 on page 8 of the form M-1 instructions and f ll in the result here . . . , 2 070)51. — 3 Other additions to your income(see instruction on page 8) . . . . . . . 3 • I4 Add lines 1,2, and 3 . . . . . . . . . . . . . . 4 S/5" • - 5 State income tax refund (from line 10 of your federal form 1040) . . . . . . 5 14()/0. I • 6 Other subtractions from your income(see instructions on page 9) . . . . . . 6 I 7 Add lines 5 and 6. 7 49v. ,y2 8 Subtract line 7 from line 4.This is your Minnesota taxable income . . . . . 8 • 9 Tax:from the table on pages 15 through 18 of the instructions, or from schedule (check box): M-1MT ❑ M-1NR ❑ M-1LS ❑ M-1CR ❑ . 9 .1 10 if you wish to donate to the Nongarne Wildlife Fund,fill in the amount here.This will reduce your refund or increase your tax . . 10 I1 11 Add lines 9 and 10 . . . . . . . . . . . 11 910q. - 12 Minnesota income tax withheld(from your 1989 W-2 forms) . . 12 4941 Si •. --' 13 Amount of estimated tax have paid for 1989,11 . 13 you any I14 Child and dependent care credit (attach schedule M-1CD) . . 14 15 Add lines 12, 13,and 14 . . . . . . . . . . . . 15 07'9 9• I 16 N fine 15 is more than line 11,subtract line 11 from the 15 and fill in the amount of your REFUND . . 18 Hi 17 If line 11 is more than line 15,subtract line 15 from line 11 ,-- and flu in the amount of TAX YOU OWE . . . . . . . . . . 17 • I 18 M you are paying estimated tax for 1990,fill in the amount °'h a»at payable to: from line 16 you want applied to it.9 any . .. . . -. 18 of ayable t 19 If you underpaid your estimated tax for 1999,98 in your Ipenalty,H any(from the 16 of schedule M-15) . . . . 19 I dedere that fhb form is cared and compile to i s best of my knowledge and belief.I know Iowa the amount ot tax I have listed above,and I give up my rights lo contest any pout order requiring me to pay this amount. I Your signature Spouse's signature Date phone ( ) Paid preparer's signature WNW®or Social Security number Date Daytime phone ( ) IYou must attach a copy a,rour 1999 federal Income tax return and schedules. Mall this ben to:Minnesota irdvidual income Tax,St.Paul,MN 551450010 , I e4Department of the T iseury—rotund Revenue Service U U.S.-Individual income Tex Return '1,-;13$1 roma`�Your!Jan.–Dec.31,19118,or ether tiro year bas... XIe8.ending 19 (OMB No.1545.0074 �� r f first rime and initial(if joint return,slue give spouse's name and initial) Last name 1 Your social security number A • Use IRS label. E Present home address(number,street,and apt.no.or real route).(If a P.O.Box,see page 6 of Instructions.) Spouse's social security • Otherwise, L please print or H •• type• a . City,town or post office,state,and ZIP code Privacy Act and PaPrr orkishui E t I"IedeCtion Act Mona sae I 4.Presidential , Do you want$l tam to this fund' - ,: ? Fro wew dsrking"Yes"wis wetaxhingeyourtar or Election Campaign If�oint return,does your spouse want S$1 toito to this fund?. ._ Nee % o_ reduce your refund. 1 Sadie ----,- • Filing Status • -• n !Married filing joint return(even N study one had Indiana) Check only Married Ming separate rebus.Eater spouse's soda recirily as.lions aid lei inn here. one box. 4 Head of household(with 4alifyet[person).(See page 7 of Instructions)#the qualifying parson is your child but ni your dependent,enter child's name here. 3 Qualifyinawidow(er)with dezendent child(year spouse died to 19 II:(See page 7 of instructions.) is it Yourself If someone(such as your parent)can claim you es a dependent,do not ethectk boot 6a. Exemptions But be sure to check the box on line 33b on pale 2. �on 6a (See b Spouse - . Instructions Dependents: stew (3)k.S w vllw,dtpealwat s (7 Mw.sf aoadre at put on Page 8.) tt)Mare(first.what wad led aware) ee alai sorb asrlw , tU lam. MI:yew bare ddldren oa 6c !!ed fie: c C as t'1. 1.4tiet tic.. N/ sdh 1 rAa. s heed with you I w _ ♦didn't live with �� EMI doe t0 divorce • • •t< k If more than 6 • lraeperation 46 dependents,see .• 2 tr` A Instructions on !lo•d other 1 listed ��ti< 6� page 8. ,y bit,a,. I Ndap6cdaa J"`� d if your child didn't live with you but s claimed as your dependent under a pre-1985 agreement,check here .11•13 -Add ettwbws "`�' . f • Total number of exemptions claimed stow e• : 4�b 7 wages,salaries,tips,etc.(attach Form(s)w 2) • 7 45 052. Income !la Teumble interest income(also attach Sc»dule Bif over 9400) , Ba jbO — I '1s ��' Please attach b Tar4xampt interest income(see page 11).DON'T include on line Sal lb I I '�/ -,. e Copy B of your it Dividend income(also attach Schedule B iff over$400) ! �k Forms W-2,W2G, .- . .) and W2P here. 10 Taxable refunds of state and local income taxes,if any,from worksheet on page 11 of h tructions. 10 4r7 44 If you do not have it Alimony received _ 11 a W-2 see 12 Business income or(loss)(attach Schad*C) ' 12 page 6 of �gam or(loss)(Ai- ructions. g3 attach Schedule D) y -:,t_,,. -s1, - .•. ,• 14 I 4 !4 Capital leek distributions not reported an line 13{see pile il)�, ,r; ._ a,, AS Other Yamsor(kisses)(atl chForm4797) . ,,, , �_., }..`'. r, -3 Is• --4‘ *6a Total IRA dilutions . .116a 1 1 Twine aeiount tale pigs 11) lib ;'st 17a Total pensions endannurbes'117ei I . Jt7b. Taxableamoeud{wwwrew1P) 17b „• b iii Rents,rgalbes.per,asbtee,trusts,sits:i[bd';i9ied�e ! "`�.: tw'4, ;v70 ' 1 "- I R! -Farm ncome o► Schedult '� k,�_ _� . i Please ha Social benefits 41.;#.4?... .;-:=--.44:-.1-23a. I I attach check t amount. any. worilel;ret ? or money b T>teaele !f Tromtlhe o^ - iiss lb order here. 02 Other income(Net ilpe and einotnt=0e p4i`13)._, -�= L_ --S<2 its Add the amounts shown bike ira�daokmatterllisi7 i?Z 1tiis byetirlidid Lour a y 6 200 — I ildrnbursea«nployseebuGi !tai ritlaim niraltni106�,3aeliz ' Adjustments Ya IRAdeduclion; rom ituradibliPiPakahest oo r°*sit*Ilia to Income '`St llpiene"alltAdldueden.Loma clean ladelu de _pejeiierl$ li► I 'SdFanplcledaeNaUhswrinoedeductiom_.eiet deateq , -ftwiftionim attain+ir3sel►•snnpioyid3 raiduciin: (SSeeudions ittrol etV rawalofaanil•. y.p `i ._Y--; ' its on page 13.) 09 , pollInBpient's bid Wain L and soda!setxriyrno. . _ i ' :29 ' bo Add fines 24 t ro*h 24.These are trou'tend a_a�asets ::::-:..-L-~. -_:: 4-r^i so Adjusted Subtract line 30 from tine 23.This is wax adjusted Bross tROe rue.atliaTinois lets -. , Gross Income -m e�.1 r dad'want on tokui• °:boon*Code a �1e - -n` tI5?.hW — ' I . . . _ .. Form 1040(1988) F 1.:t ..%-•: •:-q -: ,._.,. a-`z.r° __.•�d,.- .- I nice 2 AmortrrtltemNsa !"!"_l�(!7 tit'. ►I' _ 't. :..`i. 1✓ y 2� 2 Tax pre e. � —';` • ,-". =` ,L- _ .45• Tom u- pas rhea J� p Add the number of bones checked and enter Meister here > 13aa. tation ;-, ff someone(sue,as your iirent)con c>fairinyol+ae a alepmhdmrt,struck here : :s 411 ,gdil►D:,, / e If you are married filing a separate ration and> ur spouse itemizes deductions. : or are a dual- -. ._ � 'Yen,see pu6e lb and eheiik hhsre. ,i-..;;-.. .:.:c•i Me LI, 54 Enter the • Your standard deduellen(from page 17 of the instructions),OR imor S •Your flemiaed deductions(ironiSeheduieA.line ;.:.ri )2'7 q'7 — of: ( If you Itemize.attach Schedule A and clod'here► ,. `. , . 3ZL}w3 — I5 Subtract tame 34 from tame 32.Worths faulx`Aars •- • `. '• .• .: . - _ • IN Multiply$1.950 by the total number of wniptiars claimed enlino be - '_ O '- 37 Taxable Income.Subtract 6w 36 from line 33.Enter remit(N teas lhan aaro.entersmo) , . r J Co a 13 — Cautien:If underage 14 and you have more then$1.000 of bwae mart income,lack here► • and see page 17*see if you towels lee Farm 8615 toll ere your tax. _ _ 38 Enter tax.Check If from:EfT axTable, ❑Tax Rate Schedules,or ❑term 8615 • 39q q — I9 Additional taxes(see purge 17).Check if tram: Q4;ermi io pffa nn 4972 . . .:� -- -z 40 Add lines 38 and 39.Enter the total . .. . .• . • al 3q 431 — 41 Credit for child and dependent care expenses(attach Fpm 2441) .41 Credits 42 Credit for the elderly or the disabled(attach***dub R) • 42 ;% (See 43 Foreign tax credit(attach Form 1116) - - 43 Instructions r,.�/ on page 18.) 44 General business credit.Check if from: ��% ❑ Form 3800 or ❑form(specify) • . • , 44 %/4 45 Credit for prior year minimum tax(attach Form 8601) • . - . - 45 _ ,, 46 Add lines 41 through 45.Enter the total • 47 Subtract line 46 from line 40.Enter the result Of less than zero.enter zero) 0 3 Other 48 Self-employment tax(attach Schedule SE) rn Taxes 49 Alteative minimum tax(attach Form 6251) - . • , (Including 50 Recapture taxes(see page 18).Check If from:❑forrn 4255 t)form 8611 Advance EIC 51 Social security tax on tip income not reported to employer(attach Fpm 4137) Payments) 52 Tax on an IRA or a qualified retirement plan(attach farm 3329) 53 Add lines 47 through 52.This is your total tax '0 ri 5'1‘cl Li — . 34 Federal income tax withheld(If any is thorn Rungs)1099,check*0) 54 5 3 2)9 -- '% Payments 35 1988 estimated tax payments and amouhtepplied from 1987 return ' 55 `1 Attach Forms 56 Earned income credit(see p 19) 1 26 Z W-2,W-2G, S7 Amount paid with Form 4868(edension muest). . . t and W-2P 38 Excess social security tax and RRTA tax wiAt h ild(see page 20) : ' to front. 59 Credit for Federal tax on fuels(attach farm 4136). -` hie k 60, Regulated investment company Credit(attach Fore 3139). , ,,--4 110 %; 61 Add lines 54 through 60.These am your total payremrba ,- , :- . '. , -,` . j► 3 39 62 If line 61 is larger than hue 53,enter amouid OVERPAID • -: ;, ,, -`. '"z-; 4-: ► 44 5 Refund or e3 Amount of line 62tobeREFUNDEDTO YOU. '' °'.;. " �=1f"`' ti. 1345 Amount 64 Amount of line 62 to be to t t .Dated you 1999estirsslidiaik .:�'� I You Owe 65 11 tine 53 is larger than line 61,enter AMOUNT-YOU OWE*Oath died!er inmiajr aidKinirlall ' amount payable to'Internal Revenui'SeWloe."ftrItiyour soise saexidgr$has : 00e Ph se € number.and"14118 Fars 1040..in k :° .'tee ^°` i '' .,'-.-s._._1.,.0_ `'l_`= - Cheek I► ❑IFans eZIO(t2i0F')leM1 rhiil.Seeps ji't�i:44.6*-� I . tender penalties ef perjury.I Ochre 1st I tees}ermined this atom Nil ealhedsisi Shill~soft aid feistiest d Mlief.thuyatetue,corkt,andcompile.OedirstienOfPa.ar WO`ed � gMaiye Ifa sac ehhd Please _� Sign ' Your signature 'Date 'Your echmpetaor► • Here Spouse's signature(d joint return.BOTH must sign) Date &TV\_Oa la Paid Preparers Date Preparers social security no. signature eCinen8ipoyee Preparer's • Use Only firm:name(« EI. you'd set-employed) and address DP code •U.S.G.P.O.inn-203466