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City Council Regular Meeting Minutes July 27, 2010 Page 4 1 weeks. He noted that one of the concerns they have is the poor condition of the sidewalks, 2 especially next to the sign where the last 20-30' of sidewalk is in bad shape. He stated that they 3 would like to replace those sidewalks now, rather than wait until the City's planned 4 reconstruction in 2012, and requested that the sidewalk replacement either be accelerated by the 5 City or to allow them to do the work and get some reimbursement from the City. 6 7 Councilmember Stille requested clarification regarding how someone would place an order at the 8 drive-thru window. 9 10 Mr. Abney stated that drivers will place their order face to face after viewing the menu board 11 located within six feet of the drive-thru window. 12 13 Councilmember Gray stated that this restaurant will be a great addition to the City. He expressed 14 continuing concern about the two-way driving into the parking lot, especially coming out of the 15 drive-thru window, and felt this represented too much risk instead of having people come in on 16 the south end and exiting on the north side to avoid conflicts. 17 18 Mr. Abney stated if this were a typical drive-thru with a significant amount of business, perhaps 19 they would be more concerned, but they do not anticipate that the drive-thru window will be 20 used enough to create traffic conflicts. 21 22 Mayor Faust stated that the City Ordinance is clear regarding hours of operation and businesses 23 are not allowed to be open from 1:00 a.m. to 5:00 a.m.; as a result, if the applicant later requests 24 a 24-hour operation, it is unlikely that the request will be granted based on current Ordinance. 25 He advised that staff will discuss the sidewalk replacement issue with the applicant, and added 26 that he is not aware of the City ever having provided reimbursement to a developer for sidewalk 27 replacement. 28 29 Councilmember Stille stated that he would like to add a sixth condition requiring only face -to - 30 face ordering at the drive-thru window, with no electronic enhancement or speaker system, to 31 avoid any negative impact to the residential properties planned near this location in the future. 32 33 Ms. Tammy Smith appeared before the City Council and stated the drive-thru window concept is 34 a new concept intended to compensate for the smaller seating capacity in the restaurant and to 35 provide a new service to customers that allows them to order limited items without having to 36 leave their car. She indicated that the drive-thru window will only serve coffee, smoothies, 37 bagels, or cinnamon rolls, and is intended to get customers in and out in less than two minutes. 38 She added that this service will always be face to face and she did not foresee a lot of business 39 with this limited menu. 40 41 Motion by Councilmember Roth, seconded by Councilmember Gray, to adopt Resolution 10- 42 052, Approving a Conditional Use Permit for a Restaurant located at 3701 Stinson Boulevard 43 and that is within 250 feet of a Residential Structure of District. 44 45 Motion carried unanimously. 46 rd