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Home My WebLink About1999-04-23 Applicant Ltr. to Mayor & City CouncilApril 23, 1999 Mayor David Schaaf Councilmember David Beaudet Councilmember Lynae Byrne Councilmember Mark Swenson Councilmember Jerry Turnquist 14168 57 Street North PO Box 2007 Oak Park Heights, MN 55082 Dolpiiin Real Estate Partnershy RE: Requested Sign Variance Dear Mayor and City Council Members As you know, Burger King of Oak Park Heights has filed for a sign variance to help better identify the Burger King and the Rainbow Foods property. While 1 was at the Planning Commission Meeting, April 15, 1999, it came to my attention that there were some outstanding issues, about which, the city was very unhappy with Dolphin Real Estate Partnership. 1 wanted to set the record straight as to some of the perceptions of occurrences that took place before and after the Burger King restaurant opened. Issue 1 — Start Date of Construction — 1 came before you Spring of 1998 with an aggressive schedule to get the restaurant opened. At that meeting in which the Burger King concept was approved, Dolphin Real Estate Partnership did not yet own the property. City approval was one of the contingencies that needed to be removed in our purchase process with Oppidan. Once that contingency was removed, we ran into extreme difficulties regarding survey and easement issues on the property that we couldn't get Oppidan to move on. Once we finally got those issues resolved, we found that the site was way under the grade that was promised 258 Hennepin Avenue • Minneapolis MN 55401 • 612-371-7450 • Fax 612-371-7488 OoIpllin Real Estate Partnersh1p to us in our purchase agreement, which delayed us even further. All correspondence regarding Oppidans delays are on file in our attorney's office. They can be produced upon request. We had every intention of opening the store 90 days from city approval, but we couldn't get Oppidan to the table to resolve their outstanding issues. Our architects started the 60 day project of drawing the Burger King building plans the day after city approval was given. We would much rather have opened in the summer as opposed to the dead of winter. Issue 2 — Double Drive Thru Lane — We have always had this site designated as a double drive thru lane. The site plan that was attached to our purchase agreement dated September 26, 1997 which I've included herein as Exhibit A, clearly reflects the double drive thru. HKS, the civil engineers for Oppidan, were given this site plan, and somehow didn't get it on the final plans presented to the city, and frankly I missed that it wasn't on the final plans. Before we began construction, I noticed that the double drive thru lane was missing on the plans. I came to the city on July 17, 1998, and showed Tom Melena the drive thru dilemma and was given staff approval for the double drive thru, because it wasn't a radical departure from the original design. I believe Scott Richards was at that meeting also. Enclosed please see Exhibit B, showing my hand written note that this design was approved. Issue 3 — Landscaping Issue — I have enclosed the Contractor's Certificate dated February 19, 1998, including Exhibit C which clearly states in item 5 that Oppidan is responsible to install all landscaping as per the HIKS landscaping plan dated July 31, 1997. This is our Exhibit C also. Issue 4 — Incorrect Awning Color — Our architectural plans and specification book dated May 22, 1998, that were submitted to the city clearly specified that green awnings were required. I have included as Exhibit D, a copy of the front page of the Oak Park Heights Burger King Specification Book, and the page that spells out the requirement; Paragraph 2.1, subparagraph B, item 2a. It was certainly our intention to follow this specification. The sub contractor responsible for installing the standing seam metal awning, missed this in the specification book. After he had installed the incorrect color, we thought it looked better than the green would, so we left the brown color that matches the aluminum window frames, knowing the city would have final say as to whether or not the color would be acceptable. Issue 5 — Lighting Issue — I was under the understanding that at the council meeting that we received our final approval, it was agreed that because the fixtures used around the rest of the center were $ 700 a piece, and because we had complied with the rest of the changes the city had mandated, that the light 258 Hennepin Avenue • Minneapolis MN 55401 • 612-371-7450 • Fax 612- 371 -7488 Dolphin Real Estate Partnershi requirement was lifted. I certainly apologize if I misunderstood the council's intentions on this issue. The lights that are currently on the building have always been in the plans that we submitted to the city. I believe the directive from the council was, "The lighting plan for the Burger King will be finalized and agreed to with submittal and review of the final overall plan ". Not hearing any comments from the city to change the light fixtures, we thought the lights were approved. Issue 6 — Certificate of Occupancy — We opened for business January 8, 1999. On January 6, 1999, Jim Butler, the city building inspector, came through our building to do his inspection. He said if we got the Health Department approval, the electrical inspector approval, and the sign permit paid, we could open. He was going on vacation. On January 8, 1999 we got the health department approval at 6:OOam, as evidenced by the Inspection Report that is enclosed as Exhibit E. The Electrical Inspector put his stamp of approval on all 3 electrical panels in the restaurant and dated them January 7, 1999. Signcrafters, Inc., our sign installers, assured us they were paying the sign permit fees on January 7, 1999. So, when we opened, we thought we had all the approvals necessary to open. We were not aware that Signcrafter's had not paid the cost of the sign permit. When we were informed by the city that the sign permit had not yet been paid, we immediately called Signcrafter's and they promptly paid the fee. Please see Exhibit F outlining this issue. Hopefully this long explanation clears the air somewhat. The variance issue that will be before you next week is a significant one for both Burger King and Rainbow. Both entities have had far less than projected sales. We both feel strongly that the lack of visibility from Hwy 36 is one of the main factors in the lack luster performance. The other issue from the Burger King standpoint is that because of all the changes to our image that we were required to do, we lost all of our identity. Many customers come in and say, "we didn't even know this was a Burger Kr g", or, "We didn't know where you moved to ". Our customer counts have remained relatively unchanged since the move from the Stillwater side of Hwy 36. We desperately need help with signage. It would be a shame if both Rainbow and Burger King had to close down because of lack of business due to identity issues, when these issues can be solved. I can only hops that keeping businesses in Oak Park Heights healthy is as strong a concern as architectural image. 258 Hennepin Avenue • Minneapolis MN 55401 • 612-371-7450 • Fax 612-371-7488 Sincerely, � 7 Encl. Exhibits olphin DoIpiifl Real Estate Parnershk 258 Hennepin Avenue • Minneapolis MN 55401 • 612-371-7450 • Fax 612-371-7488 EXIitBIT C (cont.) Page 2 of 2 EXHIBIT A JUL-17 15:13 RSP ARCHITECTS RESTAURANT DROP CURB N6 (Se /0 1.50' PRE -MENU BOARD c Cr* L p 7 /1 - 7/qR - c"o 'N 1 4/ 6 , N. 1 :0, 1 H qc. 612 .339 6 ?60 P.02/02 EXHIBIT 8 MENU BOARDS 1 TOTAL P.02 KTJ Limited Partnership Eleven c/o Oppidan, Incorporated 900 Second Avenue South, Suite 420 Minneapolis, ti1N 55402 Dolphin Real Estate Partnership 253 Hennepin Avenue South Minneapolis, Minnesota 55401 RE: Project: Property: Gentlemen: Owner: Contractor: - __., , P-. Imo( - / ci 7 KRAUSANDERSON CONSTRUCTION COMPANY :()N n . \cTc'RS :` (:oNsT!:1.'(T!( N M,r1NAGE..5 Building Division c:`my dog: umcnts ',djandro,contractor'scencdy10 Minnehaha Avenue, `i €flf !Apoiiti, t1,IN ] 3404 Phone: r61 ) 7 F \:< '612) 721-2660 r_qual Opportunity Employer (Contractor's Certificate) 3. That the cost to complete the improvements set forth on Exhibit C shall not exceed $75,170.00. EXHIBIT C Oak Park Ponds Shopping Center Lot 1, Block 1, Oak Park Ponds Addition, Washington County, Minnesota KTJ Limited Partnership Eleven Kraus - Anderson Construction Company We are the Contractor providing construction services to the Owner under a construction contract dated May 2 1, 1997 (the "Agreement "). We understand that Dolphin Real Estate Partnership is purchasing the Property conditioned upon, among other things, that we are obligated under the Agreement to construct certain improvements to the Property subsequent to the closing of the sale of the Property to Dolphin Real Estate Partnership. In connection with the aforesaid sale of the Property to Dolphin Real Estate Partnership, the undersigned hereby certifies as follows: I. That the Agreement includes the construction of improvements to the Property as set forth on Exhibit C attached hereto and made a part hereof. 2. That the improvements set forth on Exhibit C shall be substantially completed on or before June 1, 1998, subject to standard adjustments and conditions set forth in the Agreement. We further certify that the undersigned, as Contractor, has the full authority under all state or local laws and regulations to perform all of our obligations under the Agreement in accordance with the terms thereof and that the Project, as contemplated, complies with all local building codes and ordinances. Dated: February 19, 1998 Sincerely, KRAUS- ANDERSON CONSTRUCTION COMPANY BUILDING DIVISION By: DOUG JANDRO Its: VICE PRESIDENT Attachment: List of work to be performed at the Property c:'.mv documcnt_s`,djandro'exhihit c.doc KRAUSANDERSON CONSTRUCTION COMPANY -1 � �-�r� + r'`-!- :� rr rr L'�'f7jj z�'�'? �ti' + t l ti i + �"S' •t �v I R. Z�. � fRS +;� L OWN 7 T RL t_ f EXHIBIT C Purchaser's anticipated site plan is attached hereto. 1. Earthwork - Site will be rough graded, implementing all necessary erosion control, to elevations ready for footing and foundation construction, with material suitable for construction of a fast food restaurant without the need to add or remove significant fill. Phase III only. 2. Blacktop and Striping - All driveways and parking areas shown on Purchaser's site plan as finally approved V2" a roved by the City of Oak Park Heights shall be paved with a 1 base course and a 1 ` / :" wear course over a 5" Class 5 base. Phase III only. 3. Site Concrete - All concrete curb and gutter around the perimeter of the site, and around all parking areas, drives, sidewalks and center islands as contained on Purchaser's site plan as finally approved by the City of Oak Park Heights shall be completed in accord with the requirements of the City of Oak Park Heights. Phase III only. 4. Site Utilities Sanitary sewer and water main shall be stubbed to the site per plans prepared by HKS Associates dated July 31, 1997. Electrical, Natural Gas, and Telephone service shall. be brought to the property lines of the site. Phase III only. 5. Landscaping - Landscaping shall include tree planting, sodding, vinyl edging and shrubbery as contained p contained in the Landscaping Plan identified as Sheet 12 on the Plans prepared by HKS Associates dated July 31, 1997, as modified to accommodate a new configuration for building.location and lot lines. An irrigation system sufficient to adequately water the landscaping area shall be provided. Phase III only. 6. Lighting - Lighting shall be installed in sufficient capacity to illuminate all parking areas, drives, and sidewalks, and shall be of no Tess quality than as shown on the Lighting Design Plan ( Sheet 6) in the plans prepared by HKS Associates dated July 31, 1997. Phase 111 only. Building Division 25()o enue. \eiinneapoli5. NIN 33404 Phone: {61 2) 721-7561 FAX: h I .n 21-2.660 Equal Opportunity Employer 1 22 May 1998 i coo r%'‘17 CORPOR R 1 BK -OAK PA HEIGHTS, MN BK 94XL Reverse W/Playland DOLPHIN FAST FOOD, INC. A BURGER KING FRANCHISFIFI 1 BURCER KIN 1 1 NG 5913.006,00 B. Standing Seam Sheet Metal Roofin Snap -Seam Standing Searn Panels, prefinished steel, UL -90 Rated System. D. E. 07610 - 2 1. Standing Seam: Maximum 1-1/2" high x 16" wide (approx.) x longest practical length, with concealed clip fasteners and factory installed joint sealant. 2. Sheets: Pre - coated galvanized steel, ASTM A792, Grade C, G90 hot dipped galvanized coating, 50 ksi yield point, 24 gage core steel, shop pre - c oated with 70% Kynar 500 fluorocarbon. a. Color: Color to match Berridge "Forest Green ".Final color selection as approved by Architect.. 3. Trim: a. Factory fabricated trim from the same materials and finishes as roof panels. b. Flat sheets for local fabrication of tim with strippable film. 2.2 ACCESSORIES A. Fasteners: Galvanized steel with neoprene washers. Finish exposed fasteners same as flashing metal. B. Underlayment: Specified in Section 06100. C. Sealant: Specified in Section 07900. 2.3 FABRICATION A. Form sections true to shape, accurate in size, square, and free from distortion or defects. 13. Fabricate cleats of same material as sheet, interlockable with sheet, and capable of withstanding specified wind uplift requirements. C. Fabricate starter strips of same material as sheet, continuous, interlockable with sheet. Form pieces in longest practical lengths. Hem exposed edges on underside 1/2 ", miter and seam corners. F. Fabricate vertical faces with bottom edge formed outward 114" and hemmed to form drip. BURGER KING RESTAIA .NT - OAK PARK HEIGHTS, MN PART 3 . EXECUTION 3ti I EXAMINATION A. Inspect roof underlayment over deck to verify substrate is clean and smooth, free of depressions, waves, or projections, properly sloped to eaves. B. Verify underlayment is dry and free of snow or ice. C. Verify roof penetrations are complete. D. Beginning of installation means acceptance of existing conditions. 3.2 PREPARATION A. Field measure site conditions prior to fabricating work. B. Install starter and edge strips, and cleats before starting installation. 3.3 A. B. c. C. Protect elements surrounding work of this Section from damage or disfigurement. INSTALLATION Conform to manufacturer's drawing details. Cleat and seam all joints. Align transverse joints of roofing sheets, only if one-piece panels not practical. D. Back paint surfaces in contact with dissimilar materials. 14 STANDING SEAM ROOFING A. Conform to manufacturer's installation instructions and approved Shop Drawings. 3.5 FEASGS A. Secure flashings in place using concealed fasteners. Use exposed fasteners only in locations approved by Architect. B. Cleat and seam all joints. C. Apply plastic cement compound between metal flashings and felt flashings. D. Fit flashings tight in place. Make corners square, surfaces true and straight in planes, and lines accurate to profiles. E. Seam metal joints watertight. SHEET METAL ROOFING WASHINGTON COUNTY HEALTH, ENVIRONMENT EXHIBIT E ND LAND MANAGEMENT City/Township Licensee ITEM t l,) •-■•••• \.3 ORDEkS WRITTEN BELOW MUST BE COMPLIED WITH BY DATE INDICATED REMARKS AND ORDERS Co STY2A)c-1 ciu 1-\) p C. 9 4 A, I- Do/ ( K/ , s7,A 0 ((Dv C,C)V,. I (.) ' • I rl-, 4 4 ' - N ‘( rl r k 0 ..4 J„ 1 1 • (?, 1. /TY-% t SI 14900 61st North • P.O. tiOX 3803 • Stillwater, Minnesota 55082-3803 612-430-6655 INSPECTION REPORT Date 1 1 0 C I • • \ 4' ( 1 • •• - !in Received by •% el k Yc ) ---; ,t 1 1 j )c? (7 4 t 4 0/7.4 r A 1/1 1 C\ Public Health Sanitarian / Distribution: White—Public Health Yellow—Venda( - • r 1 i e_y iJ • R o6 e L-- • ), ( \•,J ; II S _ / )€;;_ , F Lic. No. ./L Js in 6 ) (c1 ,-- V - i c i Page of 1 . 0 : • n Fa.. 2344 Nit wC 2 ITEM /14 \7 1 ) WASHINGTL COUNTY HEALTH, ENVIRONME Page L of AND LAND MANAGEMENT 14900 6ist North 0 P.O. Box 3803 • Stillwater, Minnesota 55082-3803 612-430-6655 / INSPECTION REPORT CZwk , 12}4‘'k, Date City/Township Licensee ORDERS WRITTEN BELOW MUST BE COMPLIED WITH BY DATE INDICATED REMARKS AND ORDERS • 'r\-) eN) ' • - i h r IGi C 1 • _ ; L Th . ; r j ; • I$Jk C.11 ,t.) V 47, 1 u I ‘ 7 ./ t- - /^. % r, y'r ; (L ."' ! rne,e_jc T n 1 Distribution: White--Public Health Yellow—Vendor PlJblic Health Sanitarian ' f- 7 . .4 . 2;d. ';\ • t:„,4 -1-tfrd_ * / `-'•• 7,44 1, 1 -7 • ;A.) Ink, A h ' .1 (‘) t c"Th , / - -+ '71 LA, C31J i C (:i4 ' 71 3/1 t A '(--) L * „,”, n--4 • r Y" o\J icx0 0 n Lic. No 1 -) I \.1 ) 10/.. 1 Lk ,,A . - r bt,`Al9 i1kc-1 t (---;.;,, ,-Li v Dry k, • , 1 - i (I.-, 4 „.--, -\ v , ---,,,--, ,.., ( s,.. \ ,..-...., 1 )..2/ 1 „.. t, i,---k ‘ :,.,..,_ ........ ,-,- y , i i -, u y r I --, ----..:(ki_ . TA_ :.--:- - , 1 1) (....-..,, \*/ e.....,; . <,,-: - .,--) -,• r o .(-- (J; H L a .,. ',.----?- _. — ‘ ...........—..- t , ,,- ,..-- Received by _.,, f us 2344 D. sa *: , :.. - .7.7 - -e..--- 1 ,=.--..1' ,.., ,,i.-i ) tz, r;"`": c-, '7 .__,---, c l 9 (Cityownship Date Lic. N ......_---- ;',--- i-.. - '--. L. Licensee _,_... ORDERS WRITTEN BELOW MUST BE COMPLIED WITH BY DATE INDICATED ITEM 14900 61st North • P.O. Box 3803 • Stillwater, Minnesota 55082-3803 612-430-6655 INSPECTION REPORT ‘j•:-: \¼ L Received by Public Health Sanitarian WASHINGTON COUNTY HEALTH, ENVIRONMENT \ND; LAND MANAGEMENT 7..- • r— . [71, Distribution: White—Public Health Yellow—Vendor t \ REMARKS AND ORDERS k "•• _ P 174 --= 1, • /I- ? Ki r -- iPage of form 2346 Diu vvC 2 04/23/99 12:10 FAX 6125713588 SIGNGRAFTERS April 23, 1999 Dolphin Foods Attn: Greg Klohn Sincerely, Re: Burger King Oak Park Heights Dennis Mellem ncr COUPLETE SIGN SERVICE The perrnits for the new Burger King store in Oak Park Heights were not paid for on time due to an oversight in our bookkeeping department. Upon learning the dollar amount owed, we immediately sent the check to the city. This was no fault of Dolphin Foods. We apologize for anything we may have done to cause this delay. 7775 MAIN STREET, MINNEAPOLIS, MN 55432 (612) 571 -2995p (612) 571 -3588f E Mail: signcrafters @deskmedia.com Zo1