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74-03 - Lyman Lumber SPR pt 3LARsOiY & MERTZ, LTD. ATTORNEYS AT LAW 1900 FIRST NATIONAL BANK BUILDING R'JES" LL H. LARSON MINNEAPOLIS, MINNESOTA 55402 CRAIG M. MERTZ OF COUNSEL t7 HARVEY E.`+KAAR November 9, 1977 Mr. Donald W. Ashworth Chanhassen City Manager Box 147 Chanhassen, Minnesota 55317 Re: Lyman Lumber Company Industrial Development Revenue Bonds Dear Don, TELEPHONE 4612) 335-95nS Rcfere.nce is made in your merzo to me on November 7th concerning reimbursement to the City of its out-of-pocket expenses incurred for legal costs in reviewing the Lyman IRB proposal. _l have relayed your directive to John Hickerson of Allison -Williams Ccr:ipany, and I included possible accountants` fees for analyses of financial statements, advising him.that the City would need this assurance of expense payment whether or not the proposal was approved by the City. He seemed surprised at our approach, but I assured him this was consistent with city policy in that we required this.assurance, or ad-�rance deposit, from all who sought special consideration by the City, including developers, -applicants for conditional use per- .ttiGa, e•cc. My estiiilate of charges i:anyed fror: $300 .to f A A fN Mr. Hi.c_1.erson advised that his firm was meeting with 'the Lyman repre- sentatives today and that he would advise there of our position and let ,e know on Thursday, November loth, of the Lyman position on the .na t ter . i believe it to be important that Bruce checks with the Lyman people to determine that its construction proposal conforms to the approved preliminary development plan. truly',,yours, LARS�N ,&�. lk!R Z , LTD Russell H. Larson RHL: jep v` �' RUSSELL H. LARSGN C4AlC: M.MMERTZ OF COjNSEL HO,RVEY 4_ £KAAR Mr. Donald Chanhassen Box 147 Chanhassen, Dear Don: LAI2sON & MERTZ, LTD. ATTORNEYS AT LAW 1900 FIRST NATIONAL BANK BUILDING MINNEAPOLIS, MINNESOTA 55402 November 8, 1977 W. Ashworth City Manager MN 55317 TELEPHONE (612) 33S-9365 Re: Lyman Lumber Company Industrial Development Revenue Bonds With regard to the anticipated request of Lyman Lumber Company that the City authorize the issuance of $1,000,000 in industrial development revenue bonds to construct and equip one or more buildings on land it owns in the City, I enclose herewith a copy of a prospectus dated August 9, 1977, coveY-ing an offering for the sale of $2,000,000,in 10% subordinated capital notes due in 1989. The prospectus furnishes us with a detailed summary of. the Lyman operations and rather complete financial statements which should be of use to the Council and staff in evaluating the IRB financing proposal. While, 'I have not made an in-depth study of the financial statements, I do note from the June 30, 1977 balance sheet that the company (pages 30 and 31) has $2,950,000 in short-term bank :debt and $1,248,-9.16 in long term debt (excluding current $105,986 installment of long .term debt.) The proceeds of the offering will be used for working capital and for reduction in short-term bank debt. I comment on these financial statements to underscore the present debt of the company and to assist in the making of a judgment as to w.,Lether. the company will be able to have net earnings sufficient to. retire an IRB debt, given the volatile nature of she lurn-ber and buildirx: materials business. I am aware, of course, _that 'an IRB indebtedness would be secured in a sense that the land, building, and possibly equipment would likely be leased to the company with the .rentals pledged to the retirement of the debt. one further comment seems appropriate. The proposed preliminary approval resolution recently tendered by the Dorsey law firm speaks cf the use of the IRB proceeds for the construction and equipping of one or more buildings as a storage and distribution facility for 1Lunber products and other building materials. As I recall, the Mr. Donald W. Ashworth -2- 11/8/77 Lyman Lumber Co. preliminary development plan considered by the Council on April 28, 1975 encompassed something more than a storage and distribution facility, and'.it would seem appropriate if the City is going to give serious consideration to the IRB proposal that it be tied into the preliminary development plan. My concern is that the IRB proposal may contemplate an entirely different development than was initially proposed. Page 15 of the prospectus.discusses the Chanhassen land, a1d the construction of a 6,000 square foot office building in Excelsior. In summary, and based on my preliminary review of the IRB proposal, it is my opinion that the City staff will have to make a compre- hensive analysis of the financial and land development aspects of the proposal in order to form a basis on which to make a recommenda- tion to the Council.. Whether this can be done by the Council meeting of,November 21 remains to be seen. Your comments will be appreciated. Chanhassen City Attorney RB L: me Encl. cc: Bruce Pankonin DORSEY, .tiRQUART, WINDHORST, !NEST & E JONATHAN VILLAGF" CENTER CKASKA, MINNE3C7A 55318 (612) 448-4012 2300 FIRST NATIONAL BANK BUILDING MINNEAPOLIS,MINNESOTA 55402 (612) 340-2600 CABLE: DOROW TELEX: 29-0605 TELECOPIER:(612) 340-2868 1468 W-FIRST NATIONAL BANK BUILDING ST. PAUL,MINNESOTA 55101 (612) 227- 8017 November 4, 1977 Mr. Donald W. Ashworth City Manager City Hall 7610 Laredo Drive Chanhassen., Minnesota 55317 _.LADAY 115 THIRD STREET SOUTHWcST ROCHESTER, MINNESOTA 55901 (507) 288-3156 VERI.ANE L. ENDORF (612) 340-2651 Re: $1,000,000 Industrial Development Revenue Bonds (Lyman Lumber Company Project ) City of Chanhassen, Minnesota Dear Mr. Ashworth: At the request of Allison -Williams Company, we have pre- pared and enclose herewith.six copies of the following documents with respect to the above issue of bonds: 1. a resolution giving preliminary approval to the proposed project and authorizing the preparation of necessary documents; and 2. a Memorandum of Agreement to be entered into between the City and Lyman Lumber Company. Please review these documents carefully, and if they meet with your approval, the resolution can be adopted by the City Council at its meeting on November 21 and the Memorandum of Agree- C:nent executed by the appropriate City officials. When the documents have been completed, we would appreciate receiving five copies of each. If you have any questions regarding the enclosures, please do not hesitate to contact the undersigned. Very truly yours, 4*1 r ane E n d o r t VLE:sjn Enclosures cc: Russell H. Larson Tom Lowe John Hic kerson L yman lumber Company $2,000,000 10% Subordinated Capital Notes Due 1989 PROSPECTUS OFFERMAN & CO., INC. August 9, 1977 Lyman Lumber -Company t' the professional builder's supply center 337 WATER STREET • MAILING ADDRESS: P. O. BOX 40 • EXCELSIOR, MINNESOTA 55331 • TELEPHONE 612-474-5991 THOMAS P. LOWE President November 17, 1975 Mayor and Council Village of Chanhassen Chanhassen Administrative Offices Chanhassen, MN 55317 Gentlemen: RE: LYMAN LUMBER COMPANY_ PROPOSAL FOR INDUS3'RIAL DEVELOPMENT IN CHANHASSEN Due to poor economic conditions prevalent in the housing market in the Twin City/Metropolitan area we find it necessary to postpone the start of our project in Chanhassen. At this time it is impossible to predict when we would go ahead with the project. There is no change in our master plan for development in the area, only in the timing or possible phasing of the project, i.e., perhaps phase II would be done ahead of Phase I. We, therefore, would like to put off further consideration of the project at this time, but we would, however, like to request an annual review at a future time so the project could be started up without undue delay, It may be in the best interest of the Village and ourselves to continued planning, access and frontage roads, utilities, etc. so that everything is agreed upon in advance. In the meantime, we will be renting temporary space for our millwork operation until such time as we go ahead with this project in Chanhassen. We sincerely appreciate the time and effort put into this project by the Council, Planning Commission, and Village Staff, Sincerely, LYMAN LUMBER COMPANY P. L4.."+ Thomas P. Lowe, President TPL/dmb CITY OFFICES / 6950 EDEN PRAIRIE ROAD / EDEN PRAIRIE, MINNESOTA 55343 / TELEPHONE (612) 941.2262 April 29, 1975 Mayor and City Council City of Chanhassen City Hall Box 147 Chanhassen, Minnesota 55317 Mayor and City Council: The City of Eden Prairie appreciated the notification regarding the proposed rezoning request of Lyman Lumber,allowing them to construct their facilities in your City. The City Council of Eden Prairie has reviewed and discussed the proposal and concluded that approval of this request will greatly change the character of the existing site and begin the precedent of industrial development along Trunk Highway 5 in Chanhassen. In addition, the development will have a definite impact on the adjacent properties located in Eden Prairie presently zoned residential. ecl�n prairie The City of Eden Prairie respectfully submits Resolution No. 982 passed at their regular meeting of April 22, 1975, requesting your consideration as to the concerns of the City of Eden Prairie. Thank you. Sincerely, �R-erK. Ulstaadd City Manager RKU:jp Enc.:Resolution No. 982 'whp/es CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO.982 A RESOLUTION CONCERNING PROPOSED REZONING TO ACCOMMODATE LYMAN LUMBER COMPANY IN CHANHASSEN. WHEREAS, an application has been made to the City of Chanhassen to permit a lumber yard installation in an area in Chanhassen which abuts the City of Eden Prairie, and WHEREAS, the City of Eden Prairie did in 1970 convey to the City of Chanhassen and the Metropolitan Council, its objection to the proposed industrial zoning in the area now being considered by Lyman Lumber Company, and WHEREAS, the City of Eden Prairie continues to have concerns about the impact of such industrial use on the adjoining properties and on.the City of Eden Prairie. NOW, THEREFORE, BE IT RESOLVED, that the City of Eden Prairie does reaffirm As previous stand against industrial zoning in the area involved herein, and BE IT FURTHER RESOLVED, that should said Chanhassen City Council permit the development as applied for, that it give consideration to the concerns of the City of Eden Prairie, to -wit: 1. The adequacy and manner of drainage. 2. Lack of frontage road connection. 3. Noise and dust control. 4. . Positive screening of outside storage to minimize the adverse impact to the aesthetics of adjoining property. ADOPTED by the City of Eden Prairie this 22 day of April , 1975. f1j; 'Tz'�' David W . Osterholt, Mayor ECIAL CHANHASSEN CITY COUNCIL MEETING APRIL 26, 1975 Mayor Klingelhutz called the special Council meeting to order at 7:30 p.m. with the following members present: Councilmen Hobbs, Shulstad, and Kurvers. Councilman Neveaux came late. STREET LIGHTING CONTRACT - ECKLUND AND SWEDLUND: A motion was made by Councilman Hobbs and seconded by Councilman Shulstad to provide under Section 13 of the Ecklund and Swedlund Minnewashta Woods contract that the expense of furnishing electrival energy for street lighting purposes shall be assumed by the City 24 months after completion of the installation of . the street lighting system or after 75% of building lots have been improved by construction of residences thereon, whichever is first to occur. The following voted in favor: Mayor Klingelhutz, Councilmen Hobbs, Kurvers, and Shulstad. No negative votes. Motion carried. NATIONAL FLOOD INSURANCE: The Administrator has maps of the Minnesota River Valley Flood Plain and Riley -Purgatory Creek Watershed showing the 100 year flood areas. The City has to have an application in to HUD of areas where the City can determine that there is a need. Other areas of the City can be added at a later date but areas cannot be deleted once they have been submitted. He asked the Council to pass a resolution authorizing the application. Councilman Shulstad moved the adoption of a resolution authorizing the Clerk -Administrator to submit the proper application for participation in the National Flood Insurance Program. The area delineated is the 100 year flood potential as shown on plates 9 and 10 of the Lower Minnesota River Valley Flood Plain Study dated 1973. Resolution seconded by Councilman Hobbs. The following voted in favor: Mayor Klingelhutz, Councilmen Hobbs, Shulstad, and Kurvers. No negative votes. Motion carrie HESSE FARM PHASE I: A motion was made by Councilman Hobbs and seconded by Councilman Kurvers to table Hesse Farm Phase I. The following voted in favor: Mayor Klingelhutz, Councilmen Hobbs, Shulstad, and Kurvers. No negative votes. Motion carried. PROPOSED PRELIMINARY. DEVELOPMENT PLAN_-- LYMAN LUMBER: David Ohde, B.R.W., Tom Lowe, and Bill Ziemer were present. Tom Lowe explained some of the background of Lyman Lumber and what they propose to do. They operate lumber yards in Excelsior, Wayzata, and Annandale, a component plant in Long Lake, and a millwork plant in Excelsior. They have experienced substantial growth and find they are being crowded out. The site in Chanhassen will have no retail sales. They .intend to operate the Excelsior and Wayzata locations for retail trade. When all phases are built they plan on employing 150 people. David Ohde gave the presentation. The site is located on the north side of Highway 5 in Hennepin County. They need to provide rail service to the millwork plant, component plant, and lumber distribution yard. A frontage road is proposed along the north edge of Highway 5. A temporary access onto Highway 5 is proposed. The site has 7-8 acres of tree cover, approximately 3-312 acres of trees may be removed. The millwork operation will be completely enclosed in a 42,500 square foot building of tilt up concrete or architectural block.. Box cars on the rail spur in the center of the site will be screened by grade changes. The majority of the traffic into and on the site will be Lyman trucks. Three types of storage.structur( are proposed in the lumber distribution yard; two completely enclosed warehouses, a 3 sided storage building and umbrella sheds. The 3 sided Chanhassen City Cour �1 Meeting April 26, 1975 '461) -2- building is located along the northwest property line and it acts as a .screen. for adjacent property. A fully- enclosed maintenance building is proposed. .This will be used for the servicing of trucks. This building and the 3 sided building will be of colored metal with asphalt roof. The millwork plant and railroad spur are proposed for 1975 in phase 1. Phase II is the lumber distribution yard for 1976, phase III the component plant for 1978-79, phase IV -is the general office in 1980, and phase V the reserve area after 1980. When the project is completed Lyman Lumber plans on having '30 trucks. These trucks will make 2 to 4 round trips per day. The first phase will be running 3 to 4 trucks. Truck parking will be in the fenced storage area in the rear of the site. - Bill Brezinski discussed the.Highway Department's letter of April 1 whereb they request the developer to construct eight foot bituminious lanes for access and suggest the City look into extending the frontage road westward to Dakota. The City Engineer has asked the Highway Department for permission to construct. part of the frontage road in highway right=o€-way. A letter has been received from the Highway Department indicating that it would be acceptable to make use of part of the highway right-of-way. The City Planner recommended the Council approve the preliminary developme plan subject to the conditions as outlined in the Planning Commission minutes of April 9. A motion was.made by.Councilman Hobbs and seconded by Councilman Kurvers to grant preliminary development plan approval subject to the conditions as outlined in the April 9, 1975, Planning Commission minutes. The following voted in favor: Mayor Klingelhutz, Councilmen Hobbs, Neveaux, Shulstad, and Kurvers. No negative votes., Motion carried Tom Lowe stated Lyman Lumber would like to use industrial revenue bonds to finance the project. The City Attorney asked Mr. Lowe to supply- him with the appropriate figures before the Council can take action. TROLLS -GLEN: Mrs. Peterjohn was present requesting rezoning from R1A to Rl for the property knows as Outlots 1 and 2 Cedar Crest. The Planning Commission recommended this property be rezoned. A motion was made by Councilman Neveaux and seconded by Councilman Hobbs that.Outlots.l and 2 of Cedar Crest Addition be rezoned from R1A to RI as recommended by the Planning Commission on April 9, 1975. The following voted in favor: Mayor Klingelhutz, Councilmen Hobbs, Neveaux, Shulstad, and Kurvers. No negative votes. Motion carried. WESTERN AREA FIRE TRAINING.ASSOCIATION: A motion was made by Councilman Shulstad and seconded by Councilman Neveaux to appoint John Kreger to the Board of Directors of the W.A.F.T.A. The following voted in favor: Mayor Klingelhutz, Councilmen Hobbs;.Shulstad, Neveaux, and Kurvers. No nega.tiv, votes. Motion carried. PARKING TICKET PROCEDURE: The City Attorney recommended the Council await some pending legislation on parking ticket procedures. A motion was made.by Councilman Hobbs and seconded by Councilman Neveaux to table parking ticket procedure. The following voted in favor: Mayor OuUTION B� D Q `� r 1776-1976 CITY OF CHANHASSEN 7610 LAREDO DRIVE®P.O. BOX 1470CHANHASSEN, MINNESOTA 55317o(612) 474-8885 DATE: April 23, 1975 FROM: City Planner TO: City Council SUBJ: Request for P-3 Preliminary Plan approval REF: Ordinance 47, Section 16 ENCL: 1. Property location graphic 2. Site analysis and site plan graphic 3. Planner's Report dated February 10, 1975 4. City Engineer's Report 5. February 12, 1975, Planning Commission Minutes 6. Preliminary Development Plan Booklet 7. City Planner's Report dated March 6, 1975 S. City Engineer's Report 9. Soil Conservation Service's Report 10. March 12, 1975, Planning Commission Minutes 11. Assistant Highway Commission letter of April 1, 1975 12. Riley -Purgatory Creek Watershed District letter of April 2, 1975 13. Special Planning Commission Minutes of April 9, 1975 14. Regular Planning Commission Minutes of April 9, 1975 15. City Planner's Report of April 23, 1975 ,jOLUTION ,o. 1776-1976 CITY OF CHANHASSEN 7610 LAREDO DRIVE*P.O. BOX 1470CHANHASSEN, MINN ESOTA 55317o(612) 474-8885 DATE: April 23, 1975 FROM: City Planner TO: Mayor and City Council SUBJ: Lyman Lumber Yard P-3 Preliminary Development Plan approval. Planning Report 1. The Planning Commission duly held a Public Hearing on April 9, 1975, to consider a petition from Lyman Lumber Yard to construct a lumber distribution/fabrication facility. On April 9, the Planning Commission also recommended approval of said facility subject to the following conditions a. Entering in a development agreement with the City of Chanhassen. b. Final Development Plan for the millwork plant and railroad spur to be completed in 1975, lumber distributor yard in 1976, component plant in 1978-79, and general office in 1980. C. Subject to the necessary screening and landscaping that are indicated on pages 16 and 17 of Enclosure 6. d. Engineer's Report of February 12, 1975. e. Planner's Report of February 10, 1975 and March 10, 1975. f. Watershed Districts Report of April 2, 1975. g. Resolving the Highway access to Highway 5 as outlined in Mr. Burrell's letter of April 2, 1975. h. The building to be constructed of tilt up concrete or architectural concrete block with the balance of steel construction as shown in enclosure 6. The design and color of the building be of a harmonious nature so as to be of uniform appearance. Planner's Report of April 23, 1975 , Page 2. 2. I feel there has been an obvious attempt by the Lyman site planners to locate all uses with appropriate respect. A good factor of the site plan is locating the outside storage area adjacent to the railroad tracks behing the millwork. Further, the construction of the facility should paint a positive picture of Chanhassen from an aesthetic and economic point of view. 3. I recommend approval of said facility subject to the conditions as outlined in the April 9, 1975 Planning Commission Minutes. %6A 0 Zo 1'i'.�:LXMjINAIt,Y DENELORWiT Fla MMAN LMER Ykr@ ,..PR1L 9, 1.975a AT 8:00 P-M The public hearing Was called to order by Chairman Lan I43rbsto Dan The ;'03.O,,jLj ; m3mbers &rbsti and Tots (labbarto mre present nick 6ra�ita, h%doon �b711.enbacka Jim 2.fi.ollcep 'gym Stone was Wosent. %I e f0)_j0wjjjg parsons were present: lrl° m lroumj* 2630 W., La.njo UAk-,y Excelsior Bill 24-e io:, s OU L.,pian Pl c©fl I*ufGiEilsi= �4�"• r,-sn Bacic$ i.69j0 I-'.T4wvay Terrace$ S o7.^f?u- d Allan Korbars 18790 W. 78th street, Flan Prairie 24ro and. bvfrs. Frank Eongard;, 19350 Wo 78th Street, Eden Prair'e David U]do, �io''in1'io Tot. CZbb€trt did not take: paru in the public heaeing. The city Plannor read the ots"iciml notice as published in the Carver County He" aldo David Qide gave the PMM-,tati.ona The ploperty is located o��tthe nob ss o are: Highway 5 In iiera.iepixz County, The four raetiv;itlies to 4ak©p p' P y' millwork plant.. 1waber distribution yard* component .plant., and general office. The frontage troad is proposed `W be along tAa youth side of the pxvparty along HtghV1ay 5. Aceeea to the millwork plank and 1.uraber di.steibution yard are on tire. Wesv�sid`e of the pro;ar:y' and accost; for the coraP=Dnt plant and general office oil theeast° f�'rjro'��.� M_ll.�aoxk PL-4-It i.a a caup3etely encloued structure. 3.um�ac�� distribution be a whoZa ,all op::rati.on for contractoa ar17o The component plant isa facA L-ty that: ' u�i ll zr�mufactara ron£ trusseo., :rra1�. pa aI',;� and possibly some deekso Theso t G gaci.l.i.tles need to be cervicod by rail. A rail spur is proposed dotan the cen`dor of olio sztuo 'l ea millt�r xl� pl.atzG shad dispatch office for the lumbar distribution yard 00.1 be either Litt UP cc�nc 'ta or cr�c*ra. tjvP conr.ret�a black. The three si.d©d lumber otorage b-ai dings and warehouse strucfi,�i�°c�r� will be of colored metals Thetavn�arells stor,jge a,-ac.s are a roof over exterior storage. The concept indicates arena zazd typer3 of rcatleb�:.arl.B and ho,a they t3vtz'1d use tI-soua materials in cartrain amaso A detailed 'laxad;jcFp0 plate vrJ11 bo oubiritted later, Plant mat3e- L .? and c�rth beans tr.11 be LtSQd "ot,� acx ez iz,Ig o, ti•Le mi.11zrra:oc pL.ant. They will be look -xi; at and will be us p1:or sere axus�ion during coxtictIucti.on and for inctkvaaod runof o hey devegm p,epared to-v.7ork frith the i��1-P�zrg�tory Crook '+��btirshed Diai;�.ct to r�e�; the reqftlaemnts, The develoycaont is proposed to he construetsed in five ph gees; the n3 Mirror s platzt and railroad srA%r 3rIll be ph ae 2. for 1975, Lumbar di.stlAbuVIon Y0Xd 1ah;�a for 1.97G� cerlpQj,je,bt pl,�alt phase 3 for1"973s-?9a general. office p see 4 in 1.980,E ax;d the reserve -area. pisage 5 for of ter 3.9600 Tho City Pl.anne:r gave a report!, The pzoperi;y is pz�sontly �Qned F�-3` All the u , to T;;s=zz Bmber is propaoing are pzrm:,.'tted trx4er F�3,, The docwrr�nts oubmitted � date jIlet ti.orzs indicate that' CQTfI�ply lath the =,kIX.Lrel"Ie.nts 0 � ttl(� O lt�� Tlao eo ror publcro.ic sQ -% all open OtOM90 rind rail. spa jq'rrIj be soreazaaii fxt�m ptzb7 c ;rises for the mast pa.er The Pl��aaor feels tli x all e�.col nt f'etatitre of t;Iae site p;?araa `diaQ C.ty Planner h,zu met I4ectµl Bden .Pra;irle is xlax7zaer and he voiced Moore r:oncoxn about breaking urn the vcr .cal x 7.:�of oil `lho north side of the pz pez^ty m ng the 5 i1 . c1 tracks. The, lzry sided biAlding in the �r4orthlrest c©raer of the Fraporty is a rather lon buildi.n.g. It will. ma tur r,:t ly scraen the ri ew-9 from the pTOpor`iy to the SIeSi; from tl;a 1.1raba' diu,trgL-°anon ;hard. The City Fl.€ mar f.ao a that po�ssio y' the l.andoc4pe trva�lent as s�i��vAn cQu1.d bc� e�tax,,ded to rLun along the entire z78st property line to b�� up soma of the dIdaaigo Ba.11 Schoel.l. Mvi.oura,l Us Mport of Fc�biva� 1.2y 1975o T,�a ai is h3� drains to trid 0, f18h tine cellterl,ine of the area xa ing east and 4wsto `f'�e r�i,tc� gsnerml mas t C;S`iu©�;ay north and south to Fie on7 ay 5. Thare is a culvor�.! Ltnder the .sty an should be that draCals into a. aamt7 Gas' Of filki��s p;S-Lon �Gr ad dro1ml 2 P tdof-wel rna3.rttai rseda tihQ plan indicates al locat.�c+n ofa audit'wo;la3. 25 fee t of r9.ka for file w3.dosiiig of Yii.gb`�ay 5 and btnotlz$r 50 feat for the fxc7ntagm mad. 9°ha Y I Play, iLng Commission Pub)ac HeaVj-qg April. 5., 1,975 latter abuts the high , lie agree with this location of the frontage %vad , . `This a oa can be cer<red ui.th bots'i annita,xy sej�ev and watery Both aa^e available on the �, north side of Highway 5 about 600 feet west of the tract* r The Hi.ghw3y. Comni.ssicner's letter of April. 1:p 1.975$ requests the developor to recox7stameti the :W-place eight foot aa.tiwiluous mat so as to provide xight turn salad by-pass laws to Vae acres:ss, `Elva le-' ter galuo states that the City of ulaatlay.3sen should conjBi der the extension of the. Lyman Rutbor access road Anst to Dakota Avenue in the first- stave or develc►lata. nto Mis grill cli.,idnat:e the need for a t cmipta=7 access directly to Hizahway 5 ani a savings in const-vuet,Len coat of the twporaay access could be u,ad in cons-tructlon of tho peoposad access road4 The eaters ;eel District stated in a letter that a g4adinZ and eawth rawing permit mst be obtained fwm th.era beCore the u=ic Is s"- rted axad a utility playa indicating a ato'im water system should be submitted for review. 'Ibe City Engineer uaggested that the 01tyj if the Counoil agrcoap pyopose to build tixa 'cor-rice road from Dakota, vase to the east edge of the knima property as a punli.c :4.r;�a:►��;e;ir, rav and hold public hearings on it. If .the Council at that tLnus docidej not, to hdild the frontage road 'then the second altex-native of the Highway comiss.-Loner be aypli,ed that a new acceao be bat:lt.wlth Oght tarn, left -;-a xz protected 1=as and this cQcti.on of the access .road be delayed until, the whol.o mad can be built. The C1.,aArima-i op-zrind tho hearing for comments from those presento F.ear?r Bongard - 1&era titf,3.1 the frontago road start? All Sohoal.l. - , By the coxna r of your pxxpartya 'go arse vrlting for a kat;ch flex the fdfg- W Department shoidn, that it oan by burlt partly on W.ghway I can Ot te11 you e>matly untsi.l wo have the sketoh, I tdll send you acopy or bring it out to show yAun Tom. 1 �=- m tiboro wnarld the tomL orayy access bo? bill acioaU - 11,9 x':rOW6.age road uroul.d bo 'built to Dakota Avenue* There wmid. be no tenp4znx7 access. This i-rauld make you go" further Vrest, to gst Mghtip,y $ thnn you.- plan would doeri but wo uould 1, lze to first off U7 ,azl see if we canOt; pat soznr'Waing in p-e=ncwtly, 9i wo cenat, 10 that tlx�n we -wpuld allow a torq=orar7 aoceseo Tom %awe a, Is - that, dea.l.rabl.e to serio the Gabbart ,uxd Back property? You've Cot an Dear Her a".; n Inne, ts'ra wq would life to go east arl,y- W 178th a�arsat: which woul l be �n the fu.turea an r��t�nsioxa of Higlar�aly lt?l, Tom 1r'4we . If Hi.g1r,ray 101 does not get built c�iruld that a.crass be the only caws to cerve the tnho).Q 80 acres? E3.3 L' Sc hoell m Urxtil an aaccese Am bu;llt at 178th Str ae wx ysa!p The new a'cce,ei rand vrovld be: btril.t; lap to tho proper capaoi.ty to servo the M-ad of tra4f'i.c you wpuld (npec'to It probably would bo built i; :Wlally as a coven ton road with to Id.err of a(kUn„ two inches later Pnd maki ntS it a reins ton sad. Dan iiorbst, - It *: ill increase our problem -,.t Dakotus =4 isi.sUiay 5o Bill Schooll It wl l.l put; additional traff le thu2v , Tons Tzwe » Could I rime that, our Flan ie. &nd the City E.ginser exa.MAne b?--t; for the Poso3.t .Is there going to be safficiont tunnkng radius. bank on Dakota to stack it: up. I; that roa.11 f what you wan; to do? Dan 11o3.bat W That area. really 17e sds to be e'tudied wLo%N—r ere are goirsg .w go either Bill. wchool.l - hV do not wart to encourege another heaVya, Well built as)ceas even if it io called twmporazyo Planxli iig CoTadssion Publia,, baring w1d Regular Meeting Apr.. 9s 1975 -3- A motionwas made by Nick tiar5.tz and seconded by Hudson Hollenback to cd-lourn,tion unanimously approved. Fearing ad;jounied at 8 t45 porno /J REGULAR PLANNING COMBSION MEETING APRIL 9y 1975 The mseting was called to order bf Chai,xnian Dan Herbst, The following Iaamberswere present; Vick -,jaa�a.tzg Hudson Hol lenbtack, Jim ki.elkee Dan lierbstp and Tom Gabberto Tint Stone was absent. MOTES: A, motion was mde by Tam Gabbortr and seconded by Jim Molke to approve aw zta�vn LTi 1975a Mblic heazring minutes of the proused prelim.,naxy plat and rezo dig of Outlots l and 2 Cedar Crest Addi.t;i.ono The following voted in favor% Dan Heebeta. Jim 3 olkep ', om Gabbart, and Hudson Holt aback. Nick tiftritz abstaa.rlsd. Zoti.on carAed. A mUtion uas made by Jim Mellce and seconded by lbdoon 11ollenback to approve the harsh 269 1975s pubVw hear2,21,C�•, mLautcs on the propoead amcrdxmat to Ox°di. ante 47g azatlow 6,04 and 7.04 to inalude }lay Car* Conto rs as a conditional ruse. The fol.lowinc, voted in favor: Dan Fwbstp Jinn Mel e., Twu Gabbertj and hlidwn Ho3lenba,ck. Hick ahritz abstalnedo Motion carried. A motion Res made by Jin, Pliielke cmd secanded tr Tom Gabbert to appxnso the Pla.ivh 260 1.975P public. heabdng Ili$nutou can a conditica��l, use penait for t'oe Clien assen Child Dov l.oPiwnt Cun'wao The folaowing voted in favors Dxa Harbs y Jim MWIL-e p Tom Gabberts caid' Hudson Fiollenback., Mck wsaritz ubeitzati.ned. Motion carried.. A motion vra.s Made by Jim i, i.elke aced seconded by 3.'Oau Gabbed t to appivniv the Maroh 26,) 197y ragwa ar Planning Wirmi.sci.on Ird.i utos. "Me ;"allowing voted in favors Z),an Herbst, TGm Galbbortp Jim tKie kej, and Hudson Hollenback. Nick ►titritz abst'ai.ned. klotion Carried, TRO?.J,S—CT1X3 t Dais X•13fbst; dial not talcs part in ttds; portion of the m3etinaa is i ` ivacsd they had runt mr9.th the Flglway Dep6rt:aent and askad that a done:?eration iauaa bz) bidIt on they noxAth El.cie of rllghvsay : east of lone Ca ar as there-h-wild be - a pmtactod argot. ibr pcuiople timing intD Line Ccdar Driv+3 and aIso for the school. bus `Wa stop at that poin'C, to discharge or take on paosengera, The Ughway Dopartmwat saia,cl :tb sy dotb ed t;,la.©y cot)ld cis ito The money was all budgeted for t-iat safety, pro;j s,, but they would consi gar It. Ira to phone conversation fiodwy tbay .:sai.d they canm.;t build any more docel.erati.on lzanes or sccelerati.o2:? Lames iu connectionulth rsdrret the foty i'll'orwe-It of Iii.t hway 5 other than those -that arc shown on the Plaw., that. tijo +- submitted to the City. If the bids ecite in 1010 o a4ugh so there 1.0 money r<^::Ru::t..i3,ng in the Lvdget they will, cow3i.der tl'Lls docalonitlon lane al,ong!xlth other, regw s`4s that wara made at the guWAc hearLag. A. motion was rado by Jain Miolke and seconded by Mck Waritz tp rocapt-Road the COM101.1 7wis no tho Trollo-Glen develoIrment to Fv_1 s:f.ngla ga rd.%y residential. Ma.ti.on 1A11iNaLM==2,v ap7oroved. Th;a Vice Chai man mvi.ewad point;) that; wore discussed at the public :3earingo Access onto. 11111ghu-ay 5 was discussed. Tom Pabbart v .Ea Mng airy%care add1tional cars at thi.s utoreecti.on scara.a mod The only ca the r al ti n-mt-l"re is Courity Reuel 15s. Hudson Hollenbaak o Part of the p,•oblen io H phwr. ,r 5 and the other is the road as it comas orates FIzghwmy 52 ',clip emb.11-A .ioa14 and •Chan na.rroara 03 of Ate L,%,,J 1. SchoaU o The CoZt1wil autho r i.Ood 'is to m- eke further can tap t. -vi t h Victoria to see if the Ciicto Victoria 1 ilethe r they would look onill ittt�j.th n re favor* We tYiaough 1��.c �o have root yet done that• P:l Ia'hg CommiSsiorx a`1ssulrsg April 9, 1975 ter, 5o The developer should give careful consideration to the size, location and shape of the access for the other property owners to Lake IlLnnawashta because it is Felt that this is aiz IV. organ- asset to the whols development. The followhig voted in favor: Jean Xllelke, Hudson FblIenbacka and Nick -Axnjtzo Terri Gabbart voted no because of the question on the roads and beach access' lot, Dan Horbst did riot vote. Notion carrIeda PRELIMIAH DEziElrUka�EA3`i`, 'I�AiJ o LYi AIq I MBER: Tom Gabbert dial not; take part in Qiis por EMn of7e r heatZig0 k m9t .oa was ,Heals by Hudson Hol.lenback axed seconded by Jim IIel.ke 'drat t?xe Plamiaxg 00=1'saic roconmend tho Couno,1 1 approve the PM11. iinaary development plrai-1 of 15na,r1 Lumber Planned Unit Development subject to the eAtering into r, dwirelo tmeilt contract With'tho City. Unal devol.opment plans for the rd-l.l-pork plant a3ic3 rail.anad opur to be c 0nrpletod Jai 1.975v ImAbar di trilyation yard in 1.976a companont pLant- .In 1.9ta qq., aArl Goner' 31 office in 1960. Also subjeot to the neoassax7 soreaning ana lanclscapJ.ng that.'€ ra indicated in the erd bits, the Engineer's aeport of S%ebivary 12.'1 1975, Pl=name raport+ of Febzuary 10 and I'a xolj 10., 1.975, also subject to the katar..oll d Distric-10s report of April 29 1975, that the a>Jso2ving of the access to Ii-Ignway 5 be lroek-ed out between the State fUghway Departiaent, the City &gineer, and the applicant asyd that the !spell I, 1.975a latter from the State Hi&lnmy Department by &r. Burmll be highly considered. The buildings would be as proposed by the a.ppli'ca;nt of the milivi lil plant axed di�spa.tcih office of either tilt tap cancrat a or Lrchiteatural. con reto. blool: and the b0.ance u-ould be of steel: coxi,t?ametiona The dasi,gn and colors of the buildings be of a haxmvni ►us nature so as to be, of ra ziai•;. Waii apiaaaranoo. The following voted in favor: Jim I-Aliel.ke, Hudson Ibllenback,q Nick-daritzp and Dan HexIasto Tom Gabbert did not votea Motion carxrleda UrHA,IM HIrMAMR LOT SFULT: Mr, Ilutx a cer oVme Out;lot D Baxdwell Acres on M :Lody er_fe�'� Y'ST4tG••Yt4tlID• wnrv� s�e� "'J , 00 oquara feet. He would like to split the lot :in half A .t,Dt!-on k;�e made by Jinx t#,Qlke and seconded by Hadson Hollenback 'to Bold a pFablic hoar is oil May 14.4 1975s at 8:00 puma to consider the Hatraaker lot splito &t;ioa uir,,n moue] ;T approved, STATE, ;rIDE JjUTrq.PpIT2as ; T1z s auto salvage yard is Located on the south side of Highway >. o ano a to is preuently a legal non-confoxxr ing use* lire Vassar giants to bxiild a dl.ko ..e ml construct a steal buildinge. A xnt ion ivas made by Tom ©abbert and seconded by Jim P� ellce that, it is thq P'uiin-Ing Ccriziissionoa a nderstsnding ixha,t it is a non-con:c"t+ndng use and under Saction 20002 of ardx.nanwa 47 we recorw.-and the denial of aiV ealargeruent or albbration of that site, IYbtio:i unex-amously approved. PROPOSED PI.-41-.RIG LEGIMqION.— There are two bills before the State legislature, of tlxa planning powers away from tns City and t; anaferri ag it to trio Tbtxapol.i. vm Coujacila M%'TROID-LIT_0 COUNCIL PROPOSED S.E;Z-11 POUCY P7 .N% Th6 City Planner feel!j this is an '1 hyt` ii .z itL 4 t a Gf is ;s n � �c w oci in the plan is narang in xegard to ;.hrs eiov� lcairisnt; fx,nictaox�ca lie lies m�da a point of being schedul.od on the pub -Lie Max -sag April 30 to represent Chanhassend A motion vas made by Ilan Flysbat and seconded by Kuditon 11.011 nbactc that the Oity Pl ivuner rcn iaw the Hatiopol itan Delra opmint; Guido Policy and F) n ii n g RDlat'4111 6- to 44sto Nanagemont, and t ba'6 ho p;repaz'o a resolution for the City C01111cI.1 at then, next scheduled rpoeting said also sutisequsnt; to that approval by the CityyCouncsil. than, it be presented at the public hearing April 30m Motion unar4=us approval, E CHNIASSBN VILLAGE 7610 LAREDO DRIVE • P. O BOX 147 • CHANHASSEN, MINNESOTA 55317 • (612) 474-8885 DATE: April 7, 1975 FROM: Bruce Pankonin, City Planner TO: Planning Commission SUBJECT: Lyman Lumber Yard Proposed Preliminary Development Plan Public Hearing REF: Ordinance 44, Section 46, Subd. 16.04 Please include the following inclusion in your copy of the Lyman Lumber Yard file (Exhibit #1) Enclosure.10: March 12 Planning Commission Minutes Enclosure 11: Assistant Highway Commission letter of April 1, 1975 Enclosure 12: Riley -Purgatory Creek Watershed District letter of April 2, 1975 Riley- ]Purgatory Creek Watershed Distri April 2, 1975 Mr. William D. Schoell Schoell & Madsen, Inc. 59th Avenue South Hopkins, Minnesooa 55343 8950 COUNTY ROA EDEN PRAIRIE, MINNESOTA 5! Re: Lyman Lumber Company Proposed Development - Chanhassen, Minnesota Dear Mr. Schoell: The engineering advisors for the Riley -Purgatory Creek Watershed District have reviewed the information on the above referenced development submitted to the Watershed District. The following Watershed District policies and criteria are applicable to this development. 1. A grading and earthmoving permit must be obtained from the Watershed District for the development. The purpose of the grading and earth - moving permit is to insure that sufficient consideration is given to the control of erosion from the project during construction. The preliminary development plan indicates that "erosion control measures will be used during construction and the altered land will be stabilized as quickly as possible according to approved Watershed District techniques". The plan also states that "ponding areas for the control of sediment will betprovided as required by the Riley - Purgatory Creek Watershed District". The Watershed District requires that a plan illustrating the erosion control measures besubmitted to the District for review along with the grading and earthmoving permit application. 2. A utility plan indicating the storm sewer system should be submitted to the Watershed District for review. The Watershed District encourages the use of storm water retention areas to control the quality and quantity of the surface runoff from large developments. The Water- shed District notes that no storm water retention ponds or storm sewer systems are shown on the site plan. Mr. Willian.D.:"Schoell Page 2 April 2, 1975 Thank you for the opportunity to review this project. If you or, the developer need any further information regarding the Watershed District's comments on this project, please do not hesitate to contact us. Sincerely, �yP 1 R Allan Gebhard Barr Engineering Co. Engineer -'.for the Watershed District AG/llc cc: All Managers Mr. Frederick Richards Mr. Barry Brooks - Chanhassen 40\lC Wly�� STATE OF MINNESOTA DEPARTMENT OF HIGHWAYS ST. PAUL, MINN. 551Of April 1, 1975 Mr. W. D. Schoell City Engineer City of Chanhassen 7610 Laredo Drive Chanhassen, Minnesota 55317 In reply refer to: 315 C.S. 2701 (T.H. 5) Plat Review Lyman Lumber Company Located on the North Side of T.H. 5 630' + East of the East Carver County Line Chanhassen, Hennepin County Dear Mr. Schoell: We are in receipt of the above referenced preliminary plat for our review in accordance with Minnesota Statutes 505.02 and 505.03 Plats and Surveys. If a temporary access were constructed we would request the developer to reconstruct the inplace 8' bituminous so as to provide right turn and by- pass lanes to the access. Even though this would be a temporary access, due to the proposed use of the entrance, the turn lane consideration would be necessary. We feel that the City of Chanhassen should consider the extension of the Lyman Lumber access road west to Dakota Avenue in the first stage of the development. This would eliminate the need for a temporary access directly on to T.H. 5 and the savings in construction cost of the temporary access could be .used in construction of the proposed access road. We assume the existing drainage patterns will be perpetuated and therefore anticipate no problems. It is our understanding the City has given preliminary approval to the proposed plat and will hold a public hearing in regards to the plat on April 9, 1975. We find the plat acceptable for further development with consideration of the above comment. If you have any questions in regards to the above comments, please contact Mr. R. A. Elasky at 545-3761 ext. 50. Thank you for your cooperation in this matter. Sincerely, 4 V C. E. Burrill Assistant Commissioner Metropolitan Region cc: John Boland - Metro Council Gary Backer - Hennepin County Surveyors Office CC -UNTIES, MINNESOTA 7 STATE OF MINNESOTA --T 4.0T1, F OF PUBLIC HEARIN,, ON PROPOSED PRELIMINARY SS. DEVELOPMENT PLAN FOR County of , i;�rver L YMAN LUMBER YARD �•'�' """ CHANHASSEN, MINN€SOTA Wm. Hci �arry ............................... being being duly sworn, on oath says; NOT _ : IS HEREBY ;E a Owner Tr, ''.: Planning Commission c, that he is, and during all the times stated hasi been the .... • • • • . • • ............... the of Chanhassen, Minreso• ,Aci -,,eet on Wednesday •I�e vtn Carver Count Herald ••„ de., april,1975at8:000m •r publisher of the newspaper known as ••••••••••••••••••••••• ••••••••- tho C.Iv Hall, 7610 Laredo Dr ve, and has full knowledge of the facts hereinafter stated; that for more than one year Chanhassen, Minnesota, for 1tw prior to the publication therein of the I7 D 1• . . • • . f Ll � l Burp * er holding a public hereinafter described, said newspaper was printed and published in the . C l t3i �e4tiry r Yardo nd invol, in ., he of Oh >� • • • •, in the County of ... Car ve r, • .. • • • . • • • • • . , • � a flu. ment Plan for L p the •••'•• fo n 1. rq described 20.0(+ cre blur s d a t=a :. land: State of Minnesota, on ............ . .... of each week; that during all said time "The east 782.25 feet , If►6 said newspaper hasi been printed in the English language from its known office of west !10.40 feet of that F of this thwest Duarte of publication within the . Q.ity .......... from which it purports to, be issued as ownship 116, 2nge 2 ennepin County, Min- above stated and in newspaper format and in column and sheet form equivalent in n ying southerly cfi the r f-way of the Chicago, space to at least 450 running inches of single column, two inches wide; has been 11, ukee, St. Paul and onC e Railroad. road. issued •••••••••••• • • • • , , each week from a known office established =Rail in said place of publication and employing skilled workmen and equipped with the s ct to an easement for p necessary material for preparing and printing the same, and the presswork on that rignr -way purposes in < -a part of the newspaper devoted to local news of interest to the community which it H gh , No.5 as describe. 11 Docun nt No. 3087392." purports to serve has been done in its known office of publication; that during all said time in its makeup not less than twenty-five per cent of its news columns have been A o 1 showing said prof devoted to local news of interest to the community it purportsi to serve; that during prelin ary development plar s all said time it has not wholly duplicated any other publication, and has not been , availa for inspection at thf- a Iy Hall entirely made up of patents, plate matter and advertisements; has been circulated in Al rsons interested may .,e• and near its said place of publication to the extent of at least two hundred and forty pear be heard at said tir•:e a d (240) copies regularly delivered to paying subscribers and has entry as second class plac matter in its local post office; and that there has been on file in the office of the BY ORDER OF THEM County Auditor of .... CarveT' PLANNING COMMISSION • • , • , • , , • • , • , ... County, Minnesota, the affidavit (s) Bruce Pank--^in of a person having knowledge of the facts, showing the name and location of said Zoning Administl, or newspaper and the existence of the conditions constituting its qualifications as a legal Dat Aarch 17, 1975 newspaper. ,ch20,1975inth= r Notice of Public Heprin C ;erald) That the • • • • •� • • hereto attached was cut r from the week, for • • 2Q•t Y) • day of • • • •,:dx O l .......... 19 7� . •; ar: ;3�e�:�:xl�xxl�}:��...r,xvxxRf3�x�'��;��xx�•xx,^xyxx and that the following is a printed copy of the lower case alphabet from a to z both inclusive, and is hereby acknowledged as being the size and kind of type used in the composition and publication of said notice, to -wit: (Paste er f of Complete Lower abedefghijkhnnopgrstuvwxyz case A ha et z Wit; i ut Spacing) abed efghijklmnopgrstuvwxyz Subscribed and sworn to before me 0 ay of • -� • • • 19. . . . .... ............ . ............ Notary Public, • • • • •C�...... County, Minn. My commission expires • • • • (P- • • • • • 19.3. OLORRAINE LANO ��; .Oi NTARY PUBLIC, Carver County, Minn. '`.;q.Ur My Commission Expires July 26, 1975 Lj 7610 LAREDO DRIVE • P. O. BOX 147 0 CHANHASSEN, MINNESOTA 55317 • (612) 474-8885 March 17, 1975 Carver County Herald 123 West 2nd St. Chaska, MN 55318 Re: Chanhassen Legals Gentlemen: Enclosed please find Notice of Public Hearing on a proposed Preliminary Development Plan pursuant to City Ordinance #47, Chanhassen, Minnesota. Please arrange to publish this notice in the Herald edition of Thursday, March 20, 1975. When publication has been completed, please furnish Chanhassen with your customary affidavit thereof and your statement of charges. Sincerely yours, CITY OF CHANHASSEN Bruce Pankonin City Planner Attachment 5 CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA 1. NOTICE OF PUBLIC HEARING ON PROPOSED PRELIMINARY DEVELOPMENT PLAN FOR LYMAN LUMBER YARD CHANHASSEN, MINNESOTA NOTICE IS HEREBY GIVEN, That the Planning Commission of the City of Chanhassen, Minnesota, will meet on Wednesday, the 9 th day of April, 1975 at 8:00 p.m., at the City Hall, 7610 Laredo Drive, Chanhassen, Minnesota, for the purpose of holding a public hearing on a proposed preliminary Development Plan for Lyman Lumber Yard and involving the following described 20.00+ acre tract of land: "The east 782.25 feet of the west 1410.40 feet of that part -of the southwest Quarter of Section 7, Township 116, Range 22, Hennepin County, Minnesota, lying southerly of the right-of-way of the Chicago, Milwaukee, St. Paul and Pacific Railroad. Subject to an easement for public right-of-way purposes in State Highway #5 as described in Document No. 3087392." A plan showing said proposed preliminary development plans is available for inspection at the City Hall. All persons interested may appear and be heard at said time and place. BY ORDER OF THE PLANNING COMMISSION Isl Bruce Pankonin Zoning Administrator Dated: March 17, 1975. Publish March 20, 1975 in the Carver County Herald. CITY OF CHANHASSEN AFFIDAVIT OF MAILING NOTICE OF PRELIMINARY IMPROVEMENT HEARING STATE OF MINNESOTA ) COUNTY Oh CARVER I ) BARRY BROOKS — being first duly sworn, on oath deposes and says That he is and was on March 17 lg 75 , the duly qualified and acting City Clerk --Administrator of the City of Chanhassen, Minnesota; that on said date he caused to be mailed a copy of the attached notice of hearing on a Preliminary. Development Plan of Lyman Lumber Yard improvement in the City to.the owner of. each parcel within the area proposed to be assessed for said improvement as set forth in said notice, by enclosing a copy of said notice in an envelope addressed to such owner, and depositing the envelopes addressed to all such owners in the 'United States mails with postage fully prepaid thereon; that .the. names and addresses of such owners were those appearing as such by the records of the County Treasurer of Carver County, Minn esota....and.bv. othex_anurooriats. racords...,....;.. i BARRY B O S" :... ., Subscribed and swoF5 to before me this % days a. ELHuTz. f Notary Public.ors; .Y , to sf +-SOTF, Ln ...y�3 id791 West 78th St. Eden Prairie, MN Mr. Charles Kerber 18811 West 78th St. Eden Prairie, MN C/o CMS Management 55343 + ` Box 262 , Minneapolis, MN 5.5440 I Mr. Frank Bongard I� 19350 West 78th St.• 55343,] Eden Prairie, MN 55343 , Gabbert, Gabbert & Beck 6950 France Ave. South Edina, MN 55435 State Highway Dept. 2055 N. Lilac Drive 1. I I � Lyman Lumber Company1 Mr. Bill Ziemer Box 40 I . Excelsior, MN 55331 --- -- —--------- --- I! � Mr. Len Swedlund r+ Box 38 Golden Valley, MN Excelsior, MN 55331 � i Chicago, Milwaukee, St.'� Paul and Pacific Railroad XsKle 3rd Ave. So. & Washington I Minneapolis, MN 55401 Donreed Properties 337 Water Street i. Excelsior., MN 55331! �Ml Mr. Ken Beiersdorf Van Sanco Suite 575 Southgate Office -Plaza Minneapolis, MN 55437 Mr. Robert Mason ►° 14201 Excelsior Blvd. Minnetonka, MN 55343 Tyr Mr. Robert Buesgens r 7701 Arbore tun} Blvd. f Chanhassen, MN 55317 City of Eden Prairie p� 8950 Eden Prairie Road w° + Eden Prairie, MN 55343 WILLIAM D. SCHOELL CARLISLE MADSON JACK T. VOSLER JAMES R. ORR HAROLD E. DAHLIN LARRY L. HANSON RAYMOND J. JACKSON WILLIAM J. BREZINSKY JACK E. GILL FRANK V. LASKA Planning Commission City of Chanhassen s SCHOELL & MAOSON, iPgc. ENGINEERS AN❑ SURVEYORS (612) 938-7601 • 50 NINTH AVENUE SOUTH • HOPKINS, MINNESOTA 55343 March 12, 1975 Subject: Review of Preliminary Development Plar_, Lyman Lumber Company Proposal on Highway 5 Gentlemen: Reference is made to our report to you dated February 12th, copy attached. The exhibits submitted last week further describe this proposed development, but no change in condition is noted which would alter our comments in the previous report. Copies of these exhibits have been submitted to the Minnesota Highway Commissioner and to the Riley -Purgatory Creek Watershed District for their respective comments and recommendations, not yet received. Very truly yours, CITY ENGINEER WDSchoell:sd WILLIAM D. SCHOELL CARLISLE MADSON JACK T. VOSLER JAMES R. ORR HAROLD E. DAHLIN LARRY L. HANSON RAYMOND J. JACKSON WILLIAM J. BREZINSKY JACK E. GILL FRANK V. LASKA Planning Commission City of Chanhassen SCHOELL & MAOSON, iNc. ENGINEERS AND SURVEYORS (612) 93B-7601 • 50 NINTH AVENUE SOUTH • HOPKINS, MINNESOTA 55343 February 12, 1975 Subject: Review of Sketch Plan, Lyman Lumber Company Site, North Side of Hy. 5 in Hennepin County Gentlemen: We have received prints of the Preliminary Sketch Plan and the Site Analysis for the above development. SITE & The site, while not exactly described, Appears to lie from about 600, DRAINAGE to 1,400' east of the west Hennepin County line on the north side and abutting Highway 5. It runs northward to the Milwaukee railroad track. Its high point is a ridge running east -west through the center at about Elevation 960. Drainage to the north of this ridge is to the east, ulti- mately to Mitchell Lake in Eden Prairie. The southern portion, along Highway 5, contains a drainage divide near the middle, with highway ditch drainage carrying both east and west. ROADS The sketch plan indicates allocation of an additional 25' of right- of-way for widening Highway 5 and another 50' for a frontage road. The latter abuts the highway. Several years ago the village road plan was to provide for a future collector road along the railroad track through the Buesgens property and thence deflecting due east, so that it would have penetrated through the center of the subject property. This alignment would separate the Lyman property into two tracts, not particularly desirable for this type of development. We favor the collector abutting the highway right-of-way and will try to work out an arrangement between this tract and the Bues- gens property which will provide an efficient continuous road align- ment. SANITARY This tract can be served by both sanitary sewer and water. Both are SEWER & available on the north side of Highway 5 about 600' west of the SW corner WATER of the tract. Very truly yours, A CITY ENGiivE R WDSchoell:sd s Y Air nutea I` a:i ch 12, -3- from. the City Engineer concurring with the Ci..ty Planner's roport on the: frontage road. iahis infonat�:ation be submitted. to the City" PlasineW within two tie& .s. The f s.nal use of the: bu lding ba subject. to the ap,pr vats o2 the necessary stato and county officialz, such a3, Stato -, alth ZOoard, State Building Co0a, State Fire Iflutral - 10 11.1atzoppolitan health Boax.d. and Scat© Depo4rt eanzt of Public Welfare Rule ►a. 'Cho following voted is fz-nror: . Lri klielke., Nick VLas-it , and Dan Tiro Stone and Tom Cabbe xt voted no. Kot;i on carried. Tom Gabbert stat:a4 ha w6uld like to reaerve. his final judgment based on re common nations aiad conmants from the state and county ofn:iaWs. Tin Mons: stated ho is re!32-uct;ant to assign aloe responsibility to the stiff. . He: would like to retain. it at. the Planning Coi%miszioii. The Planner will outline in letter fonn to the property owner the nevessary documentation that the City requires for final development: plans. A notion was iwad r by Dan Rgxbst and nacondod by. Tim wton a . to have th C t,jv i ttorney examine sect Iona 14.05, subsecfi"io:s9 5 of tyke final devalo .:want Vian to: sea ii it is r6quire;d for Lis to open up another public hea:s i a�j on tie- final. plans and specifications Blake the original hearing olorcd. Notion unmarizra usly approved. P:' OPOSUP-sb I)RELIMIN_ Y IDWIEMOPMENT PLIM - MIRMI3 LUTMERU Tom Czb? art* dir d a...,�.,,.,�o_z.,-..m.�o.r..�a..o....� ;,�emsm�s,:r t, o""aar"'.a`�.C's'�'m"""""°�'."' zaa�t: 'c`.a C® Dr' Ati. �1 �1i . �::8:.�.S O EYI— e6 M-.�Ti j. fbT�'A�:�G:i7 Beclz ®f .G— ab- nit,, Mtbb�zt , a rZ Beak, Ton 'Lowe and Bill Ziemer of LlImana Llugbar , anon Dav:.? d 01hda of D. R. W. I - Fare gresent. Concept sI:atches ware presented fQ tan: 2509 x 1701 reilluvoxlc plant and the offices' far the luiab r distetibutioa2 yard. The. images of theoe two st tuctun es is of a concret o :n;:tLxe ei i ha4 a �ncl1iiiccecturally designed blook or tilt yap concrete uslls. The pleasing plan is the' sang as Previously* prsc;exa$:•e . There may be come ,.overlap 'inn terrots 02 construction phasic. for phase I and phase: 2 ina t kaafc they need* to gG�; the rail spur to the millwork plan:. A grat:a�u* iyi ftg wall/��y+'�p is ,gprok7.'��joy ,sed t the /an+,cnr,�oZ jthe� ra:il�•�. spiny: to ps��::rea n /tyh LPN cars .Ly ore 7w�q.*'.iY7. The Planning a.+i.az.:GvIzz*' ion- .lf"'m_,p esce�4 concc2 x abo-ut the a:t..r�3Evd in "v7hich stor'nz Water run cuff to the outh sould be handled., X.t -.Vnks the feeling of the ,Manning Commission that elimination a,e the $wale as proposed would be any asset and that the stoiin wator be 11,,.4 ndled by a burred pipe as per the City L, ngineer ° s recoz anen-adationi. a motion was rude by Tim Stone aria 'seconded by Nick Wcnxiti to hold a pt%blic hearing to consider the proposed preliiaainary development plan of Ly; an Lmnber on April J, 1975, at 8:00 p.m. Notion unaanimo—, ly app'Vo, va.d. SIGNIFYCMCE s The 1,zlotropolitana Council held a publ 9c on k1 ar6_h'1.-1_d '�-City LDlaaaner re' ported, that the Mc tropolit'a i would not .'grant. an extension of time. to. allow further study aa2 'this proposal. CUSBASSEN 7610 LAREDO DRIVE • P. O. BOX 147 • CHANHASSEN, MINNESOTA 55317 • (612) 474-8885 MEMORANDUM DATE: March 10, 1975 FROM: City Planner TO: Planning Commission SUBJ: Request for P-3 Preliminary Plan Review Lyman Lumber Yard REF: Zoning Ordinance #47, Section 16 Planner's Comments. 1. The documents submitted to date by the petitioner comply with the requirements of City Ordinance 47. 2. After thorough examination of Lyman's preliminary development plan, it is the feeling of the City Planner that there has been an obvious attempt on the part of Lyman to locate all uses with appropriate respect. A perusal of the cross-section indicate that all open storage and the rail spur will be screened from public view for the most part. This is an excellent feature of the site plan and Lyman should be complimented. 3. Since extensive grading will be necessary to adequately screen all disamenities and develop suitable grades for traffic circulation, the petitioner should be prepared to develop a soil erosion plan to guard against any adverse effects of site grading. 4. All comments regarding road grades, utilities, drainage, etc., should be referred to the City Engineer for his comment and recommendation. 5. The petitioner has not finzalized any building or landscape plans to date. Direction from the Planning Commission on these issues will be extremely helpful at this time. Planning Commission -2- March 10, 1975 Planner's Recommendation. Set date for public hearing according to Ordinance #47, Section 16. CUSBASSIN VILLAGE 7610 LAREDO DRIVE • P. O. BOX 147 • CHANHASSEN, MINNESOTA 55317 • (612) 474-8885 MEMORANDUM DATE: March 6, 1975 FROM: City Planner TO: Planning Commission SUBJ: Lyman Lumber Yard List of Enclosures Please include the following enclosures in your copy of the Lyman Lumber yard file (Exhibit #1): Enclosure 5 February 12, 1975 Planning Commission Minutes Enclosure 6 Preliminary Development Plan Booklet Enclosure 7 City Planner's Report dated March 6, 1975 Enclosure 8 City Engineer's Report Enclosure 9 Soil Conservation Service's Report 7610 LAREDO DRIVE • P. O. BOX 147 • CHANHASSEN, MINNESOTA 55317 • (612) 474-8885 March 5, 1975 Mr. William Ziemer Lyman Lumber Yard P.O. Box 40 Excelsior, MN 55331 Re: Proposed Chanhassen Distribution and Fabrication Facility Dear Mr. Ziemer: As we discussed on January 10, 1975, in Bill Schoell's office, and on March 4, 1975, the City of Chanhassen requires that an escrow account be deposited with the City to defray all city expenses in processing your application for planned unit development. Said escrow deposit is required by City Ordinance No. 47 Section 19.18. Any balance of said escrow deposit remaining after completion of proceedings on your application shall be returned. I have estimated that an escrow deposit in the amount of one thousand dollars ($1,000.00) should be sufficient to defray all direct costs incurred by the City. As we discussed, said deposit shall be deposited with the City prior to the March 12, 1975 Planning Commission meeting. If you have any questions please contact me at 474-8885. I have also included the pertinent ordinance section for your review. 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'peo�l!e21 �!;!sec PuF Ined IS 'aa)lneml!w 0 0e� 4� a41 ;o Aem-;0-446!a 44 l� Alja4lnos 6ulAl 'elosau ;u!vu 'Aluno:) uldauuOH 'ZZ uer '911 dl4sumo.L 'L uolhaS •+dpeno 4sam44nos a4; lied 1e4110 laa; oV'olil isam I laa; SZ'ZBL !sea a41„ :pue! ;o he.4 0a3e +00.OZ PagpDsap u!MollO; au+ BulAlonul pue pjeA iaquin-I eE_ A•l .10; u i ,vaWdolaAap laid sodO.Ad a uo u+.je !Ignd i _.!ploy to asodind WILLIAM D. SCHOELL CARLISLE MADSON JACK T. VOSLER JAMES R. ORR HAROLD E. DAHLIN LARRY L. HANSON RAYMOND J. JACKSON WILLIAM J: BREZINSKY JACK E. GILL FRANK V. LASKA Planning Commission City of Chanhassen SCHOELL & MAOSON, INC. ENGINEERS AND SURVEYORS (612) 938-7601 - 50 NINTH AVENUE SOUTH - HOPKINS, MINNESOTA 55343 February 12, 1975 Subject: Review of Sketch Plan, Lyman Lumber Company Site, North Side of Hy. 5 in Hennepin County Gentlemen: We have received prints of the Preliminary Sketch Plan and the Site Analysis for the above development. SITE & The site, while not exactly described, appears to lie from about 600' DRAINAGE to 1,400' east of the west Hennepin County line on the north side and abutting Highway 5. It runs northward to the Milwaukee railroad track. Its high point is a ridge running east -west through the center at about Elevation 960. Drainage to the north of this ridge is to the east, ulti- mately to Mitchell Lake in Eden Prairie. The.southern portion, along Highway 5, contains a drainage divide near the middle, with highway ditch drainage carrying both east and west. ROADS The sketch plan indicates allocation of an additional 25' of right- of-way for widening Highway 5 and another 50' for a frontage road. The latter abuts the highway. Several years ago the village road plan was to provide for a future collector road along the railroad track through the Buesgens property and thence deflecting due east, so that it would have penetrated through the center of the subject property. This alignment would separate the Lyman property into two tracts, not particularly desirable for this type of development. We favor the collector abutting the highway right-of-way and will try to work out an arrangement between this tract and the Bues- gens property which will provide an efficient continuous road align- ment. SANITARY This tract can be served by both sanitary sewer and water. Both are SEWER & available on the north side of Highway 5 about 600' west of the SW corner WATER of the tract. Very truly yours, Clit ENGINEER WDSchoell:sd REGULAR PLANNING COMMISSION MEETING FEBRUARY 12, 1975 The meeting was called to order by Chairman Dan Herbst. The following members were present: Dan Herbst,, Tim, Stone, Hudson Hollenback, Jim Mielke, Tom Gabbert, and Nick Waritz. MINUTES: A motion was made by Jim Mielke and seconded by Tim Stone to approve the January 2, 1975, special Planning Commission minutes. The following voted in favor: Dan Herbst, Jim Mielke, Hudson Hollenback, Nick Waritz, and Tim Stone. Tom Gabbert abstained. Motion carried. Amend the motion under ZONING ORDINANCE in the January 8, 1975, regular Planning Commission minutes to read: A motion was made by Tim Stone and seconded by Tom Gabbert to set a date for a public hearing on the amendment.to Ordinance 47, Section 16.02, adding subsection 8, "Institut al Uses" These shall include the following: church, religious institution, club or. lodge (non-profit), specialized housing (for students, mentally ill, infirm, elderly, physically or mentally retarded and similar group housing), medical uses (those.uses.involving the diagnosis, treatment and care of human beings, including hospitals, dental services, medical services or clinic, nursing or convalescent home, orphans home, rest home, saittarium, chemical.dependency center, and similar uses), day nursery, veterinary clinic, schools (public and private providing instruction to three or more students on the premises at any given time), philanthropic or eleemosynary organization, fraternity, sorority, welfare or similar use; on January 29, 1975, at 8:30 p.m. Motion unanimously approved. A motion was made by Tim Stone and seconded by Nick.Waritz to approve the January 8, 1975, regular Planning Commission minutes as amended. The following voted'in favor: Dan Herbst, Jim Mielke, Tom Gabbert, Nick Waritz, and -Tim Stone. Hudson Hollenback abstained. Motion carrie. A motion was made by Tim Stone and seconded by Nick Waritz to approve the January 9, 1975, special Planning Commission minutes. The following voted in favor: Jim Mielke, Tim Stone, and Nick Waritz. Dan Herbst, Hudson Hollenback, and Tom Gabbert abstained. Motion failed. A motion was made by Tim Stone and seconded by Tom Gabbert to approve the January 14, 1975, special Planning Commission minutes. The following voted in favor: Dan Herbst, Tim Stone, and Tom Gabbert. Hudson Hollenback, Jim Mielke, and Nick Waritz abstained. Motion failed A motion was made by Tim Stone and seconded by Tom Gabbert to approve tho public hearing minutes of January 29, 1975. The following voted in favor: Tim Stone, Tom Gabbert, Jim Mielke, Nick Waritz, and Hudson Ilollonback. Dan Herbst abstained. Motion carried. A motion was mado by Tim Stone and seconded by Jim Mielke to approve the January 29, 1975, special Planning Commission minutes. The following votod in r-avor: Tim Stone, Tom Gabbert, Jim Mielke, Nick Waritz, and Hudson Iollenback. Dan.Ilerbst abstained. Motion carried. AMERICAN CIIEMICAL DEPENDENCY CENTER: Dr. Robert McAuliffe and David McGough were present. Bruce Pank n stated it was the City Attorneys' opinion that the dependency center to be located in the Buesgens building is an amendment to the original P3 and would require the procedural requirements of a P3 zoning district to change the use from Planning Commission Minutes February 12, 1975 -2- a permitted office building to an institutional use. Mr. McGough presented an updated plan of the dependency center. The patient treatment is done in groups; lectures, discussion, meals and sleep in dormitories. The northwest corner of the property is reserve for a garden court for the residents. The plans are presently being reviewed by the State Department of Health under the Supervised Living Code. The dormitory areas range from three to eleven beds each. The detoxification area has sixteen beds. The City Planner summarized his report of February 10. He has talked with a number of people in the field to determine what the locational 1 requirements of a chemical dependency center are. No one really knows what a good locationsis and what a bad location is. There are a number of, things to consider; its affect upon the immediate area, the local communities.development objectives, the developers desires, the patients needs, the facilities proximity to.local markets, the social obligations of the community and proximity to public transporta- The plans have been given to Pat,Philbrin at the Metropolitan Health Board for ,his comment and recommendations. Planning Commission members commented on: Is the use appropriate for that location? Tom Gabbert -..I cannot go for a treatment center at this location. Jim Mielke - I am in favor of the.location. I think it is a good use for this piece of property. It is needed in the 'community. A better transportation bystem has been propo: Nick Waritz - The public hearing will eleviate my original concern about whether or not it is an appropriate location. I am still not keen on mixing this type of use with a commercial office type of use. Hudson Hollenback - I don't know. I have lots of questions. The wort of things that confuse me is.what this second proposed building that is shown, what kind of clientele its going to have, and how it will interact with the clients in this facility. I can't argue with the need. I don't know if it fits. I need more imput. I would like to wait until the..public hearing. I am sure with some additional imput I can make up my mind pretty easily. Tim Stone - I have three levels of concern. My first area of concern is"at the broad base not so much with this particular project but as an example of types of conflicts that we can run into between institutional and commercial retail F use. I am not convinced based on what we have seen that we have seen a consolidation of these two types of land use on this particular parcel of land such that either one of them is particularly successful. They don't seem to blend comfortably.,, The third level is the question of the program for this -half of the building. I have no concerns whatsoever. The program was -quite explicit and very understandable. There seems -to be a need. The issue is; is this tye appropriate plaeeR. Dan.Herbst This is a perplexing problem of land use and how it works in with the rest of the area....I don't have anything that really says no. I would like to give it a chance. Planning Commission Minutes February 12, 1975 -3- A motion was made by Tim Stone and seconded by Hudson Hollenback to hold a public hearing March 12, 1975, at 8:00 p.m. according. to the P3 zoning district. Motion unanimously approved. LYMAN LUMBER - SKETCH PLAN: Tom Gabbert did not take part in this Portion . of the meeting. Warren Beck of Gabbert, Gabbert, and Beck, Tom Lowe and Bill Ziemer.of Lyman Lumber, and David Ohde of B.L.W were present to discuss this proposal. Tom Lowe explained what Lyman Lumber is., the type of business they are in addition to lumber distribution and some of the history on what precipitated the move to Chanhassen. Their business is almost 95% contractor. oriented.' They want to consolidate their plants and office's from Long Lake, 1 Excelsior, and Wayzata. The property is located on the north side of State Highway 5 in Hennepin County and consists of approximately 20 acres. They would still operate small stores in Excelsior and Wayzata. -for retail sales. Mr.. Ohde gave the presentation. They need to provide rail service to all the operations. Plans are to screen the exterior storage areas from.all side views by using existing vegetation, buildings and topographic changes. The millwork operation is completely enclosedand covers.approximately 44,000 square feet. It is located ona rail spur. Traffic.to the millwork plant and lumber distribution yard will have access on the west property line. The component plant and general office will have access on the east. The lumber distribution yard contains several types of buildings, dispatch office, lumber storage in three types of structures -.one is a three sided structure, two completely enclosed warehouses, and umbrella sheds. The component plant is completely enclosed. The project will be done in five phases. 1. Phase 1 is the millwork plant with trackage to be constructed in 19i 2. Phase 2 is the lumber distribution yard in 1976. .3. Phase 3 is the component plant and access road to it in 1978-1979. 4. Phase 4 is the general office to be completed around 1980. 5. Phase 5 is the expansion or future development parcel of 3h acres. This.phase would not be completed until after 1980. Bill Schoell gave a review of his report of February 12. From the site development standpoint it is much more desirable for the owner to have his 'access in the front adjacent to the highway. I fully agree with that. A'way can be worked out to connect the Bues4ens road. Sewer and water are available about 600 feet west of the southwest corner of this site. Planning Commission members commented on the land use. Nick Waritz - I find this land use acceptable. Jim Mielke I don't see any problem with this type of use on this site. The appearance PP problem of this development hinges on what the exterior of the millwork plant looks like. Hudson Hollenback - I don't have'a hang up over it. I am a little concerned with phase 5. What could this possibly develop into? Mr. Lowe:explained it might be used for expansion of the millwork plant or as a sales office. It might .be some kind of assembly plant depending upon build' ing trends. 'dim Stone - My objections are not to the specific land use provided that the landscaping and the architecture .are acceptable to us. Planning:.. Commi-s.sion.. ,,KimuteS,..T.ebruuax:y 12 , 1975 -4- My concerns have to do with the overall land use of that whole parcel including Buesgens. I see a significant trer toward a rather complex series of land uses all within vex close proximity to each other. That I am concerned about. Dan Herbst - That land we have indicated on all our maps to be industz use. From a land use point of view I don't see any proi;1 It is extremely important that a good job is done with respect to site layout, landscaping, screening, placement etc. ORDINANCE 43 AMENDMENT: The Council at their February 3 meeting directed the Planning Commission to hold a public hearing to amend the Zoning ordinance to include the stabling of horses as.a permitted use in Zoning Districts RlA.and R1. The City Planner suggested this might be better as a conditional use in Zoning Districts R1A and Rl and possibly grandfather in.the existin stables. New -stables would require a,public hearing. A motion was made by Tim Stone and seconded by Hudson Hollenback that upon the City:Attorney's consent the approval the.Planning Commission will Bold a public hearing on an amendment to Ordinance 47.to consider the stabling of horses as a.permitted use in Rl and R1A Districts and a conditional use in R1 and R1A Districts for March 12, 1975, at 8:45 p.m. Motion unanimously approved. A motion was made'by Dan Herbst and seconded by Tom Gabbert that the minutes reflect the Planning Commissions concern that there is a possibility that the Council a -proved the Horse Ordinance prior to a public hearing. Motion unanimously approved. 1975 PLANNING WORK PROGRAM: The City Planner suggested the Planning Commission develop a planning work program for the next year or two and state in written form what the intentions of the City are. He proposed the following: l: He would like to develop an administrative procedures manualtoo help the developers. 2. An inventory and analysis of existing land uses. 3. Development of a sketch plan. 4.' Statement of g6als, policies, and development standards. 5. Land use plan. 6. Implementation program which includes capital improvements program, 7. The effectuating ordinances may need an overhaul. Bruce wild. prepare a memorandum outlining the proposed work program with completion dates for the Planning Commission. A motion was made by Dan Herbst.and seconded by.Tom Gabbert that,the Planning Commission recommeAds'the Council propose a resolution that the City Planners•time-be billed to applicants'that require planning .time at.a.rate of $15.00 an hour plus direct costs, secretarial and supplies.. Motion .unanimously ,approved. s { i Planning Commission Minutes February 12, 1975 -5- AA motion was made by Dan Herbst and seconded by Hudson Hollenback that the Planning Commission continue.during 1975 to conduct Planning Commission meetings on the second and fourth Wednesdays'of each month and that the second Wednesday be used for applications before the Citl and that the fourth Wednesday be used for municipal planning. This will -commence on February 26. Motion unanimously approved. The Planning Commission will have its organizational meeting February 26 to elect a Chairman.and.Vice Chairman and set up procedures. PLANNING COMMISSION APPLICANTS: Commission members.discussed the applicants. One more applicant will be interviewed before the next meeting. Planning Commission members will make a decision at the next meeting. A motion was made by Tom Gabbert and seconded by Jim Mi&lke to adjourr Motion..unanimously approved. Meeting adjourned at 12:00 Jean Meuwissen Secretary i i CUNBASSE VILLAGE 7610 LAREDO DRIVE • P. O. BOX 147 • CHANHASSEN, MINNESOTA 55317 • (612) 474-8885 DATE: February 10, 1975 FROM: City Planner TO: Planning Commission SUBJ: Request for P-3 Sketch Plan Approval: Lyman Lumber Yard, Chanhassen, Minnesota REF: Ordinance 47, Section 16 ENCL: 1. Property location graphic. 2. Site analysis and site plan graphic. 3. Planner's Report dated February 10, 1975. 4. City Engineer's report. HANBASSSR 7610 LAREDO DRIVE 0 P. O. BOX 147 • CHANHASSEN, MINNESOTA 55317 • (612) 474-8885 MEMORANDUM DATE: February 10, 1975 FROM: City Planner TO: Planning Commission SUBJ: Request for P-3 Sketch Plan Approval, Lyman Lumber Yard. BACKGROUND: 1. Community Location: The property under consideration is 20+ acres located in Hennepin County north of Highway 5 and approximately 1,000'east of Buesgens Office Park. 2. Existing Zoning: P-3 Planned Community Development. 3. Comprehensive Plan Proposal: The property under consideration and adjacent parcels to the east and west are proposed to be developed with Industrial land uses. 4. Transportation Plans Proposals: a. Highway 5 is proposed to be upgraded to expressway standards (limited access). b. Construct a frontage road parallel to and on the north side of State Highway 5 from existing State Highway 101 to th Street. The purpose of the frontage road is to provide local access to adjacent properties and community access to State Highway 5 at the intersection of State Highways 5 and 101. 5. Site Analysis: As shown on the attached site analysis graphic, the property under consideration is gently rolling farm land with slopes exceeding 10% along the east property line. Planning Commission -2- February 10, 1975 Natural Drainage: The northern three quarters of the site drains to the north and outfalls into Eden Prairie. The south one quarter of the site drains.to the south and outfalls into Rice Marsh Lake via the drainage swale adjacent to Chanhassen Estates. Existing Natural Vegetation: Approximately 7 acres of the site is heavily wooded with hardwood trees. Soil Condition: The Lyman Lumber yard site plan?forwarded to the Soil Conservation Service for their review and comment. 6. Proposed Uses: As shown on the preliminary sketch plan, the property is to be used for four separate but interrelated land uses. These areas include: 1. Mill work plant; 2. Lumber storage and distribution yards (wholesale only); 3. Component manufacturing plant, and; 4. Expansion area for either Lyman Lumber yard or other development. PLANNER'S COMMENTS: 1. The procedure for obtaining a building permit is outlined in Section 14.05 of City Ordinance #47. Generally the procedure is as follows: -sketch plan review by Planning Commission. -preliminary plan review by Zoning Administrator. -positing of an escrow account to defray costs incurred for plan review. -preliminary plan review by Planning Commission. -plan review by other agencies, i.e. Minnesota Highway Department, Riley-Pugatory Watershed District, Chanhassen Industrial Commission. -public hearing by Planning Commission - Planning Commission's recommendation to the Council. -City Council action. -Signing of Development Agreement. -Final Development Plan reviewed by City Council. -Issuance of a building permit. 2. The criteria for evaluation of Planned Unit- Development proposal is identified in section 16.01 of Ordinance #47. The purpose of the City's PUD section is intended to provide for a pre -planned development for ... industrial uses complying with the standards of the P-4 Planned Industrial Development District. The type of uses most suitable for the subject site is not easily determined. Among the factors that must be considered are desires of the landowner and city, the tax base and jobs to be created, and the physical impact of structures on the natural environment. Planning Commission -3- Page 3 3. All uses as proposed are permitted under Section 16 of Ordinance ##47. The outside storage element of the applicants site plan shall be regulated by Section 17, Subsection 17.03. Although the outside storage area is to be a separate function, the other components are directly related and dependent upon material storage. This area, properly screened and located in the northwest corner of the site should not pose any practical difficulties. 4. There has been an obvious attempt by the applicants site planners to locate all uses with appropriate respect. A good feature of the site plan is locating the outside storage area adjacent to railroad tracks behind the millwork plant. A perusal of the site analysis graphic reveals the outside storage area is also located behind the ridge that traverses the site in a east -west direction. Whether the open storage will be "naturally" screened from view from Highway 5 will depend upon details submitted during the preliminary stage. 5. From my discussion with the applicants site planners, the over riding criteria for facility placement is the method of economic raw material circulation and distribution. This cir- culation poses some practical difficulties the site planner will explain at the Planning Commission meeting on Wednesday night. PLANNER'S RECOMMENDATION: 1. If the City desires that the property under consideration assume an industrial identity, as proposed in the City Plan, then the applicant should be encouraged to proceed with development of preliminary development plans. The important issue to be remembered is that the Lyman site will be one of the first impressions a passing motorist, entering the City from the east, has of Chanhassen. Painting a positive impression of Chanhassen from both a physical and economic point of view is the crux of the decision making process. L33LYMAN LUMBER COMPANY 7 Water Street • P.O. Box 40 • Excelsior, Minnesota 55331 • 612/474-5991 — The Professional Builder's Supply Center — • T. P. LOWE, President • R. A. MAURER. Vice President • R. L. DePAUW, Vice President -Treasurer December 16, 1974 Al Klingelhutz Mayor, City of Chanhassen 8601 Great Plains Boulevard Chanhassen, Minnesota 55317 Dear Mr. Klingelhutz: Lyman Lumber Company is presently considering the purchase of land in your city. This land would be developed for use by several divisions of our company. The purchase and development of this land is obviously contingent upon the approval of our plans by the appro- priate commissions, boards and council of the city and the proper permits being issued. Assuming that our developmental plans meet all of your criteria and pass all of the necessary steps, it would be our intention to use Municipal Industrial Revenue Bonds to finance the project. Early preliminary studies indicate that the cost of development would most likely be sizeable, but probably less than $1,000,000. Obviously, we would be working closely with you in the use of this financing arrangement. This getter is simply to inform you of our intention. However, if you should have any questions, please give me a call. Yours very truly, VVAN LUMBER COMPANY PAterihrodahl Assistant Secretary TPL:dm c.c. Thomas P. Lowe Gene Graves Minnesota Department of Economic Development 480 Cedar Street St. Paul, Minnesota 55101 December 5, 1974 Lyman Lumber Company P. O. Box 40 Excelsior, Minnesota 55331 Gentlemen: At your request, we have made an office examination of the abstract of title to the following property: That part of Southwest 1/4 of Section 7, Township 116,'North. Range 22, West of the 5th Principal Meridian, lying Southerly of the right of way of the Chicago, Milwaukee, St. Paul & Pacific Railroad, except the West 628.05 feet thereof; according to the United States Government survey thereof. as the same appears from the Abstract of Title submitted to us containing 69 entries, last certified to by Title Insurance Company of Minnesota under date of November 7, 1974, at 7:00 o'clock A.M. From said examination and assuming the accuracy and correctness of the abstract and the validity of the instruments recorded therein referred to and the correctness of the records, we are of the opinion that on said November 7, 1974,. title of record to said property was vested in the following: BEIRS COMPANY, a limited partnership, Ken E. Beiersdrof, General Partner, subject to the following: 1. The three deeds at Entries Nos. 58, 59 and 60 to the present record owner misspelled the name of the limited partnership. The deeds should be corrected and re -recorded. (NOTE: The Beira Company first came into the chain at Entry No. 44, and their partner- ship articles are at Entry No. 41). 2. The premises are subject to the provisions of the ordinance of the City of Chanhassen, regulating establishment of planned industrial districts. Lyman Lumber Company December 5, 1974 Page Two 3. The premises are subject to the provisions of the City of Chanhassen and Carver and Hennepin Counties, regulating the platting and subdivision of land. 4. Rights of all persons in possession., 5. Mechanic's liens, if any, for labor or material fur- nished to said property within ninety (90) days prior to Uovember 7, 1974. b. Personal examination of the premises should be made to investigate the existence of any easements which do not appear of record, and also to determine whether you are getting the exact premises described in the abstract, for inaccuracies in surveying or encroachment upon the property cannot be determined from an examination of the records in the office of the Register of Deeds. If there is any question about the boundaries or there being any encroachments, the premises should be surveyed. 7. Liens for any public improvements for which the property is subject to assessment. 8. Zoning and use restrictions. Yours sincerely, Donald L. Bush DLB:jmk 0 3811c5S I I I till PLANNING TRANSPORTATION ENGINEERING ARCHITECTURE BENNETT,, RINGROSE, WOLSFELD, JARVIS, GARDNER, INC. • THRESHER SQUARE • 700 THIRD STREET SOUTH • MINNEAPOLIS, MN 55415 • PHONE 6121370-0700 TRANSMITTAL Date: t 1 8 % To: ToAATI 0("W% Kawl De (.ver- From: Dw,�s,� Larsa� Re: Lumber, Item(s): No l Purpose Remarks: Description V as you requested review and return for your information reply to sender for your approval other (see remarks) JUL Q Ct7X OF, CHAR- 5S.E11, MINNEAPOLIS DENVER PHOENIX •�- �r:� P�-'$�- mod.. LN. Y r � _ �FIC71.11RD3 1� . �Ta {_ _ - 't' itV77T$ W' IRIL1ITIpJ hP54 . 3 " M"yicm bLve, Q7AIS1RJG7KJAJ SD D To Gf G�F 1 I' r P.U.D. �. • -�� - ��•T , � FlNAL PLAN Arena rllur k?ND. PLAN. COW& APPVD. COUNCIL --VJA I1 DRUM COMM EX 2AW� n-, OF V'� GC?Y CDnD:aC,,M�.m, EW met . CITY OF CNANHkBBN . CITY Or CHASH-ASSEN 7610 LAREDO DRIVE*P.O BOX 147+CHANHASSEN, MINNESOTA 55317 (612) 474-8885 MEMORANDUM DATE: November 15, 1977 TO: Don Ashworth, City Manager FROM: Bruce Pankonin, City Planner SUBJ: Lyman Lumber Yard - Planning Case: P059 On Monday, November 14, 1977, I informed Bill Ziemer, Lyman Lumber yard representative that Lyman Lumber Yard would have to go through the PUD amendment process if Lyman Lumber Yard intends to construct their facility in a manner which is different than approved by the City. CERTIFIC "")ION OF MINUTES RELATING 1—` - $1, 550, 000 INDL _TRIAL DEVELOPMENT REVENUE .,,'VDS (Lyman Lumber Company Project) Issuer: City of Chanhassen, Minnesota Governing body: City Council Kind, date, time and place of meeting: a meeting held on September 5, 1978, at o'clock .M., at Members present: Members absent: Documents attached: Minutes of said meeting (pages): RESOLUTION GIVING PRELIMINARY APPROVAL TO A PROJECT UNDER THE MUNICIPAL INDUSTRIAL DEVELOPMENT ACT, REFERRING THE PROPOSAL TO THE COMMISSIONER OF SECURITIES FOR APPROV- AL, AND AUTHORIZING EXECUTION OF A MEMO- RANDUM -OF AGREEMENT AND PREPARATION OF NECESSARY DOCUMENTS I, the undersigned, being the duly qualified and acting record- ing officer of the Public corporation issuing the obligations referred to in the title of this certificate, certify that the documents attached hereto, as described above, have been -carefully compared with the original records of said corporation in my legal custody, from which they have been transcribed; that said documents are a correct and complete transcript of the minutes of a meeting of the governing body of said corporation, and correct and complete copies of all resolutions and other actions taken and of all documents approved by the governing body at said meeting, so .far as they relate to said obligations; and that said meeting was duly held by the governing body at the time and place and was attended throughout by the members indicated above, pursuant to call and notice of such meeting given as required by law. WITNESS my hand officially as such recording officer this day of 1977. Signature Donald W. Ashworth City Manager Name and Title (SEAL) n, Member introduced the following resolution and moved its adoption: RESOLUTION GIVING PRELIMINARY APPROVAL TO A PROJECT UNDER THE MUNICIPAL INDUSTRIAL DEVELOP- MENT ACT, REFERRING THE PROPOSAL TO THE COM- MISSIONER OF SECURITIES FOR APPROVAL, AND AUTHORIZING EXECUTION OF A MEMORANDUM OF AGREEMENT AND PREPARATION OF NECESSARY DOCUMENTS BE IT RESOLVED by the City Council of the City of Chanhassen, Minnesota, as follows: 1. It is hereby found, determined and declared as follows: 1.1. The welfare of the State of Minnesota reuuires active promotion, attraction, encouragement and development of economically sound industry and commerce through governmental acts to prevent, so far as possible, emergence of blighted lands and areas of chronic unemployment, and the state has encouraged local government units to act to prevent such economic deterioration. 1.2. Lyman Lumber Company, a Minnesota corporation (hereinafter, the Company), has advised this Council of its desire to construct and equip on certain land within the City, one or more buildings (such land, buildings and equipment being herein- after referred to as the Project), for use by the Company as a storage and distribution facility and component plant for lumber products and other building materials. 1.3. The'existence of the Project within the City ...ould significantly increase the tax base of the City, County and school district in which the City is located, and would provide opportunities for employment for residents of the City and surrounding area. 1.4. The City has been advised that conventional commer- cial financing to pay the capital cost of the Project is available only on a limited basis and at such high costs of borrowing that the economic feasibility of operating the Project would be signifi- cantly reduced, but that with the aid of municipal financing, and its resulting low borrowing cost, the Project is economically more feasible. 1.5. This Council has been advised by a representative of Allison -Williams Company of Minneapolis, Minnesota, investment bankers and dealers in municipal bonds, that on the basis of informa- tion submitted to them and their discussions with representatives of the Company and potential buyers of tax-exempt bonds, revenue bonds of the City could be issued and sold upon favorable rates and terms to finance the Project. 1.6. The City is authorized by Minnesota Statutes, Chapter 474, to issue its revenue bonds to finance capital projects consisting of properties used and useful in connection with a revenue -producing enterprise, such as that of the Company, and the issuance of such bonds by the City would be a sub^tantial inducement to the Company to construct its facility within the City. 2. On the basis of information given the City to date, it appears that it would be in the best interest of the City to issue its revenue bonds under the provisions of Chapter 474 to finance the Project of the Company at a cost presently estimated to be approximately $1,550,000. 3. The Project above referred to is hereby given pre- liminary approval by the City and the issuance of bonds for such purpose and in such amount approved, subject to approval of the Project by the Commissioner of Securities and to the mutual agree- ment of this body, the Company and the initial purchasers of the bonds as to the details of the bond issue and provisions for their payment. In all events, it is understood, however, that the bonds of the City shall not constitute a charge, lien or encumbrance legal or equitable upon any property of the City except the Project, and each bond, when, as, and if issued, shall recite in substance that the bond, including interest thereon, is payable solely from the revenues received from the Project and property pledged to the payment thereof, and shall not constitute a debt of the City. 4. The form of Memorandum of Agreement relating to the issuance of revenue bonds of the City to finance the cost of the Project is hereby approved and the Mayor is hereby authorized and directed to execute the Memorandum of Agreement in behalf of the City. 5. In accordance with Minnesota_ Statutes, Section 474.01, Subdivision 7, the Mayor is hereby authorized and directed to submit the proposal for the Project to the Commissioner of Securities for his approval of the Project. The Mayor, City Manager, City Attorney and other officers, employees and agents of the City are hereby authorized to provide the Commissioner with any preliminary informa- tion he may need for this purpose, and the City Attorney is author- ized to initiate and assist in the preparation of such documents as may be appropriate to the Project, if it is approved by the Commissioner. Attest: City Manager Mayor -2- e The motion for the adoption of the foregoing resolution was duly seconded by Member voted in favor thereof: and the following voted against the same: , and the following whereupon said resolution was declared duly passed and adopted and was presented to the Mayor who approved and signed the same, which was attested by the City Manager. -3- MEMORANDUM OF AGREEMENT THIS MEMORANDUM OF AGREEMENT, dated as of , 1978, between the City of Chanhassen, Minnesota (the "City") and Lyman Lumber Company, a Minnesota corporation (the "Company"), provides as follows: 1. Preliminary Statement. Among the matters of mutual inducement which have resulted in this Agreement are the following: (a) The City is authorized and empowered by the provisions of Chapter 474, Minnesota Statutes, as amended (the "Act")., to issue revenue bonds to defray the costs of a project as defined in the Act. (b) The Company has proposed that the City, pursuant to the Act, issue its revenue bonds to defray the costs to be incurred in connection with the acqui- sition of land and the construction and equipment of one or more buildings thereon to be used as a storage and distribution facility and component plant for lumber products (the "Project"), and that the City and the Com- pany enter into a lease, sale or loan agreement or similar agreement satisfying the requirements of the Act (the "Revenue Agreement"). (c) The Company wishes to obtain satisfactory assurances from the City that the proceeds of the sale of the revenue bonds of the City will be made available to finance the costs of the Project. (d) Subject to due compliance with all requirements of law, the City by virtue of such statutory authority as may now or hereafter be conferred by the Act, will issue and sell its revenue bonds in an amount not exceed- ing $1,550,000 (the "Bonds") to pay the costs of the Project. (e) The Bonds shall be limited obligations of the City and the principal of and interest on the Bonds shall be payable solely out of the revenues derived from amounts payable to the City by the Company pursuant to the pro- visions of the Revenue Agreement. 2. Undertakings on the Part of the City. Subject to the conditions stated in (d) of paragraph 1 hereof, the City agrees as follows: (a) That it will authorize the issuance and sale of the Bonds, pursuant to the terms of the Act as then in l force . (b) That, if it issues and sells the Bonds, it will as requested by the Company enter in to the Revenue Agreement with the Company. The lease rentals, install- ment sale payments, loan payments or other amounts pay- able under the Revenue Agreement will be sufficient to pay the principal and interest and redemption premium, if any, on the Bonds as and when the same shall become due and payable. 3. Undertakings on the part of the Com.)an• The Company agrees as follows: '1 (a) That it will use all reasonable efforts to find one or more purchasers for the Bonds. (b) That contemporaneously with the delivery of the Bonds the Company will enter into the Revenue Agree- ment with the City under the terms of which the Company will provide security to the City for payment of sums sufficient in the aggregate to pay the principal of and interest and redemption premium, if any, on the Bonds as and when the same shall become due and payable. (c) At such time as the Bonds are sold and delivered to the purchasers thereof, the Company will reimburse the City for all reasonable and necessary expenses, in- cluding fees and expenses of counsel, incurred by the City in connection with the authorisation, sale and delivery of the Bonds. 4. General Provisions. (a) All commitments of the City under paragraph 2 hereof and of the Company under paragraph 3 hereof are subject -to the condition that within twelve (12) months from the date hereof (or such other date as shall be mutually satisfactory to the City and the Company), the City and the Company shall have agreed to mutually acceptable terms and conditions of the Revenue Agreement, the Bonds and of the other instruments and proceedings relating to the Bonds. (b) If the events set forth in (a) of this para- graph do not take place within the time set forth or any extension thereof and the Bonds are not sold within such -3- time, the Company agrees that it will reimburse the City for all reasonable and necessary direct out-of-pocket expenses which the City may incur at the Company's request arising from the execution of this Agreement and the per- formance by the City of its obligations hereunder, and this Agreement shall thereupon terminate. IN WITNESS WHEREOF, the parties hereto have entered into this Agreement by their officers thereunto duly authorized this day of 1978. CITY OF CHANHASSEN, MINNESOTA By Mayor. Attest: City Manager LYMAN LUMBER COMPANY By Its Attest: Its -4- LYMAN LBR. BONIt INTEREST PAYMENTS START DATE: 10/01/78 ' 1r550r000 COUPON DATE PRINCIPAL RATE INTEREST 4/01/79 567187#30 10/01/79 56r187.50 4/01/80 56►1S7.50 10/01/80 561187.50 4/01/61 56r187.50 10/01/81 45F000 7.2307. 56r187.50 4/01/82 54r556.25 10/01/82 45►000 7.250% 54r556.25 4/01/83 52r925.00 10/01/83 SOr000 7#250% 52►925.00 4/01/B4 Sl1112.50 10/01/84 55►000 7#250% 51►112.50 4/01/85 49►118.75 10/01/85 60►000 7.250% 49►118.75 4/01/86 46►943.75 10/01/86 659000 7.2507 46r943.75 C 4/01/87 44►587.50 10/01/87 70/OOO 7.250% 44r587.50 4/01/88 42rO50.00 10/01/88 70r000 7.250"/. 42rO50.00 4/01/89 39r512.50 10/01/89 801000 7.250% 39r512.50 4/01/90 369612.50 10/01/90 85►000 7.250% 36►612.50 4/01/91 33r531.25 10/01/91 90r000 7.250% 33►531.25 4/01/92 30r268.75 10/G_/92 95rO.00 7.250% 30►268.75 `4/01/93 26►S25.00 10/01/93 105r000 7.250% 26►825.00 4/01/94 23r018.75 10/01/94 110r000 7.250% 23018.75 4/01/95 19031.25 10/01/95 120r000 7.250/. 197031+25 4/01/96 14►681.25 10/01/96 125►000 7.250% 14r681.25 4/01/97 1Or150.00 10/01/97 135►000 7.2307 10►150.00 4/01/98 5r256.25 10/01/98 145►000 7#250% 57256.25 TOTALS 1►550r000 1r497r487.50 N E I R 7.2500% BOND YEARS 20r655#0 PAYMENT 56r187.50 56r187.50 56r 187.50 36►1B7.50 56►187.50 101►187.50 54►556.25 99r556.25 52►925.00 102r925.00 51►112.50 106►112.50 49r118.75 109r118.75 46►943.75 111r943.75 44►587.50 114►587.50 42►O50.00 112►O50.00 39►512#50 119r512.50 36r612.50 121►612.50 33►531.25 123►531.23 30r268.75 125r268.75 26r825.00 131►S25.00 23►O18.75 133rO18.75 19r031.25 139r031.25 14r681.25 139►681.25 10►150.00 145►150.00 5►256.25 1SOr256.25 YEARLY PAYMENT 112r375.00 112►375.00 157►375.00 154►112.50 155►850.00 157r225.00 158►237.50 158►SS7.50 159►175.00 154r100.00 159023.00 ISSr225.00 157►062.50 155r53 .30 158►650.00 156rO37.50 15Br062.50 154r362.50 155►300.00 155r512.50 3►047r487.50 I. � n DISTRIBUTION YARD DEPRECIATION SCHEDULES Chanhassen Development - 5 years 1. Maintenance Bldg. 46,500 Straight Line 25 years 1 1,860 2 1,860 3 1,860 4 1,860 5 1,860 2. Dispatch Office 83,000 S.L. 25 years 1 3,320 2 3,320 3 3,320 4 3,320 5 3,320 3. Pole Buildings & Ramps 185,000 S.L. 20 years 1 9,250 2 9,250 3 9,250 4 9,250 5 9,250 4. Equipment 5,000 S.L. 7 years 1 715 2 715 3 715 4 715 5 715 _1 COMPONENT PLANT DEPRECIATION SCHEDULE Chanhassen Development - 5 years 1. Component Plant 390,000 S.L. 1 15,600 2 15,600 3 15,600 4 15,600 5 15,600 2. Equipment 250,000 S.L. 1 35,714 2 35,714 3 35,714 4 35,714 5 35,714 RECAP OF TOTAL DEPRECIATION 1 $66,459 2 66,459 3 66,459 4 66,459 5 66,459 25 years 7 years 6/5/79 Rev. CITY OF CHANHASSEN LYMAN LUMBER COMPANY DEVELOPMENT CONTRACT WHEREAS, application has been made by Lyman Lumber Company (the developer), a Minnesota corporation,as the owner of a tract of land more particularly described on Exhibit A attached hereto and made a part hereof, for the construction of a lumber distribution yard, component plant, millwork plant, and office building; and WHEREAS, said tract of land (hereinafter referred to as "the subject property") is located within the corporate limits of the City of Chanhassen (the City); and WHEREAS, the subject property is presently zoned P-3; and WHEREAS, the developer has made application under the City Zoning Ordinance to the City Council for the approval of a P-3 Planned Community Development Plan; and WHEREAS, public hearings were held by the Chanhassen Planning Commission on April 9, 1975, June 14, 1978, and April 4, 1979 to consider public comment on the preliminary development plan of the developer; and WHEREAS, the City Council has by its resolutions adopted July 10, 1978, July 24, 1978, and April 16, 1979 approved said plan, subject to and on condition that the developer enter into this contract; and WHEREAS, the Chanhassen City Council has determined that the proposed development is not in conflict with the Comprehensive Plan of the City; and WHEREAS, the Chanhassen City Council has determined that the proposed development is designed in such a manner as to form a desirable and unified environment within its boundaries; and WHEREAS, the Chanhassen City Council has determined that the proposed development will not be detrimental to present and future land use in the surrounding area; and WHEREAS, the Chanhassen City Council has determined that any exceptions contained hereinafter to the zoning ordinance and subdivision ordinances of the City of Chanhassen arejustified by the design of the development; and -1- 6/5/7 9 Rev. WHEREAS, the Chanhassen City Council has determined that the development described herein will not have an adverse impact on the reasonable enjoyment of neighboring properties; NOW, THEREFORE, in consideration of the foregoing premises and acceptance by the City of the preliminary development plan, the City and the developer agree as follows: 1. Improvements by Developer. Developer agrees at its expense to construct, install and perform all work and furnish all materials and equipment in connection with the installation of the following improvements in accordance with the plans described in 112 below: a. Parking lot and access driveway grading, stabilizing, and bituminous surfacing; b. concrete curbs and gutters abutting all access driveways, including the access driveway connecting the frontage road and the dispatch office as depicted on the plans described in 112 below; C. storm and surface water drainage; d. boulevard sodding or seeding; e. grounds lighting. 2. Scope of Development Governed by Exhibits. The exterior dimensions, grading plan, and placement of structures shall be sub- stantially in conformance with the Phase I Grading Cross -Sections Plan, Phase I Landscape Concept Plan, Staging Plan, Phase I Landscape Concept Plan, Full Grading & Utilities Plan, and Full Development Grading Cross -Section Plan, all of which are dated April 18, 1978, as amended by the Plan Amendment plan dated March 8, 1979, and all of which were prepared by Bather, Ringrose, Wolsfeld, Jarus, Gardner, Inc. (BRW), Architects, of Minneapolis, Minnesota, and copies of which are on file in the office of the City Zoning Administrator. 3. Construction in Phases. The developer may commence con- struction of Phase I, as depicted on said plans, immediately upon due execution of the within development contract and issuance of the requisite building permits. Construction and landscaping shall be completed in accordance with the following schedule: Phase I (Distribution Yard, Warehouse, Umbrella Buildings, Dispatch Office, Storage Building Phase II (Millwork Building) _ Phase III (Component Plant) Phase IV (Office Building) Screening and Berming from View from Highway No. 5 September 1, 1980. The architectural design and decorating scheme of the proposed "three - sided storage buildings," "umbrella buildings," and "warehouse" shall be in substantial conformance with the developer's architectural render- ings dated April 7, 1975 and prepared by BRW. The architectural design and decorating scheme of the proposed "millwork plant" and "dispatch office" shall be in substantial conformance with the developer's architec tural renderings dated March 3, 1975. Copies of said renderings are on -2- file in the office of the City Zoning Administrator. The architec- tural design and decorating scheme of the proposed "general office" building and "component plant building". shall be submitted to the Planning Commission for review and to the Chanhassen City Council for approval prior to the developer's application for any building permits therefor. 4. Temporary Access to Highway.#5. No building permit shall be issued and no construction shall be commenced until the developer shall have obtained a written entrance permit from the Minnesota Department of Transportation allowing temporary vehicular access from the property described in Exhibit A hereto to State Highway #5. The developer agrees to abandon said temporary access immediately upon completion of a public frontage road linking the property described in Exhibit A hereto with State Highway #5 or West 78th Street. 5. Schedule of Work. The developer -further agrees that it shall commence work hereunder on or before 197 , and shall have all work done and improvements fully completed to the satisfaction and approval of the City in accordance with 113 above. The developer shall submit a written schedule indicating the proposed progress schedule and:order of completion of work covered by this contract, which schedule shall be a part of this contract. Upon receipt of written notice from the developer of the existence of causes over which the developer has no control which will delay the completion of the work, the City, in its discretion, may extend the date hereinbefore specified for completion. 6, Grading Plan and Lighting Plan. No permit for grading shall be issued and the developer shall perform no grading of the subject property until the developer's final grading plan has been reviewed by City Staff for purposes of verifying that said grading plan is in complete conformity with all of the provisions of the within permit and contract. Said final grading plan shall include existing contours, proposed grading elevations, drainage configurations, storm water drainage configurations, spot elevations, proposed access driveway road profiles, location and candlepower.of all illuminaries, and locations of exterior trash storage areas. 7. Sign Plan. The developer agrees to prepare and submit to the City a sign plan, which shall include location, type, and dimen- sions of all proposed exterior signs. No exterior signs shall be erected and no sign permit shall be issued until after said sign plan has been reviewed by the City for purposes of verifying that said sign plan is in conformity with applicable City ordinances. -3- 6/5/'79 Rev. 8. Landscape Plan and Screening From Highway #5. The developer agrees to prepare and submit to City Staff a final landscape plan which shall include location, type and diameters of proposed plantings, and description of and locations of all screening devices. No landscaping permit shall be issued and the applicants shall perform no landscaping, until after said landscape plan has been reviewed by City staff for purposes of verifying that said landscape plan is in conformity with all of the provisions of the within permit. The grading plan and landscape plan of the developer shall have the objective of screening Phase I, as described in 53 above, from view from State Highway #5, said screening to be completed no later than September 1, 1980. 9. Reimbursement of Costs. The developer shall reimburse the City for all costs, including reasonable engineering, legal, planning and administrative expenses, incurred by the City in connection with all matters relating to the administration and enforcement of the within permit, and the performances thereof by the developer. 10... Performance Bond. For the purpose of assuring to the City that the improvements to be by the developer constructed, installed and furnished as set forth in Ill hereof shall be constructed, installed and furnished according to the terms of this agreement, and that the developer shall pay all claims for work done and materials and supplies furnished for the-j)ex-fermance-eff this agreement, develop-e-ram ees to furnish to the City cash deposits in the amounts shown on the schedule below, or in lieu thereof, corporate surety bonds in said amounts approved by the City and naming the City as obligee thereunder, being conditioned upon the performance by the developer of its obligations hereunder, said sum being equal to 1100 of the total cost of such im- provements as estimated by Schoell & Madson, Inc., the City Engineers; Phase I Phase II Amount to be established by separate addendum to this contract. Phase III Amount to be established by separate addendum to this contract. Phase IV Amount to be established by separate addendum to this contract. 11. Public Welfare. The establishment, maintenance and opera- tion of the use shall not be detrimental to, nor endanger the public health, safety, comfort or general welfare. 12. Screening. All trash areas, mechanical equipment, compressors, and air conditioning equipment, including roof top equipment, shall be screened from view from State Highway #5. 13. Nuisance. The activities conducted on the premises shall not cause the emission of noxious odors, nor cause objectionable noise. The proposed use shall not be injurious to the use and enjoyment of other property, nor diminish nor impair property values in the immediate vicinity. -4- 6/5/79 Rev. 14. Public Address System. No public address system or other audio paging system shall be utilized on the subject property which emits noise in excess of the standards set forth in the Chanhassen Zoning Ordinance and all regulations amendatory and supplementary thereto, which standards shall be binding upon the developer. 15. Other Regulations. The developer shall comply with all City Ordinances, state laws, and regulations of state agencies and departments. 16. Proof of Title. Upon request, the developer shall furnish the City with evidence satisfactory to the City that it has acquired fee title to the subject property. 17. Erosion Control. The developer, at its expense, shall pro- vide temporary dams, earthworks, or such other devices and practices, including the seeding or sodding of graded areas, as shall be needed, in the judgment of the City Engineer, to prevent the washing, flooding, sedimentation or erosion of lands and roads within and outside the subject property during all phases of construction. Developer shall keep all streets free of all dirt and debris resulting from construc- tion by the developer or its agents upon the subject property. 18. Preparation of Final Building Plans. No building permit shall be issued until final building drawings and specifications, inclu- ding building heights, have been reviewed by the Chanhassen Planning Commission and approved by the Chanhassen City Council. If the developer chooses to proceed using the "fast track buildingsystem," the prepara- tion of mechanical plans and electrical plans and the submission of mechanical plans and electrical plans may be postponed, at the developer's option, until completion of building structural shells. If the developer opts for such postponement, no electrical or mechanical construction shall occur until after City staff has reviewed and approved the developer's mechanical plans and electrical plans. 19. Special Assessments and Taxes. No permit for grading or building shall be issued until the developer has paid in full all out- standing special assessments which have been levied on the subject property heretofore and all unpaid real estate taxes payable therewith. 20. No Changes in Use; Re -Saw Facility; No Consumer Sales. The use of the proposed structures shall be limited to building material! warehousing, distribution andsales of such materials, operation of a "re -saw" facility, including component assembly of such materials, millwork production, and office uses incidental thereto. For purposes of this section a "re -saw" facility is a wood sawing facility wherein large dimension timbers are cut into smaller dimension timbers for the purpose of minimizing inventory storage. The sales contemplated by this contract are .sales to the construction industry rather than direct, over the counter, sales to the ultimate consumers. No sales, except sales to the construction industry, shall be permitted on the subject property. The developer acknowledges that said restriction must be strictly complied with and may be enforced by the City in proceedings at law or in equity. No changes from the foregoing uses shall occur except by an amended development contract or by a re -zoning of the sub- ject property. -5- 6/5/79 Rev. 21. Disclaimer by City. It is understood and agreed that the City, the City Council, and the agents and employees of the City shall not be personally liable or responsi_ole in any manner to the developer, the developer's contractors or subcontractors, materialmen, laborers, or to any other person, firm or corporation whomsoever, for any debt, claim, demand, damages, actions or causes of action of any kind or character arising out of or by reason of the execution of this agreement or the performance and completion of any work and improvements here- under; and that the developer will save the City, the City Council, and the agents and employees of the City harmless from any and all claims, damages, demands, actions or causes of action arising therefrom and the costs, disbursements and expenses of defending the same. 22. Written Work Orders. The developer shall do no work nor furnish materials for which reimbursement is expected from the City unless a written order for such work or materials is rebeived from the City Manager. Any such work or materials which may be done or furnished by the developer without such written order first being given shall be at its own risk, cost and expense, and and developer hereby agrees that without such written order, developer will make no claim for compensation for work or materials so done or furnished. 23. Boulevards and Driveways. The developer agrees to furnish, construct and install, at developer's sole expense, the following improvements for the benefit of the subject property and in accordance with the above described plan: a. Boulevard sod or seeding, either of which shall be of uniformly good quality; b. any driveway surfacing within the public street rights of way, the materials and installation of which shall be approved by the City engineers. 24. Liability Insurance. The developer shall take out and main- tain during the life of this agreement, public liability and property damage insurance covering personal injury, including death, and claims for property damage which may arise out of the developer's work or the work of its subcontractors, or by one directly or indirectly employed by any of them. Limits for bodily injury or death shall be not less than $100,000 for one person and $300,000 for each accident; limits for property damage shall be not less than $100,000 for each accident. The City shall be named as co-insured on said policy and the developer shall file a copy of the insurance coverage with the City. 25. Special Conditions. a. Landscaping and exact location of structures on the subject property shall be determined through discussions between City staff and developer or its assigns prior to issuance of building permits, subject to the following standards and conditions: 6/5/7 9 Rev. i. Landscaping and location of structures shall take into consideration the preservation of trees, slope protection, subsurface drainage, prevention of silta- tion, and similar potential problems. ii. In the event agreement cannot be reached between the City staff and developer, the City shall have the right, at the expense of the developer, to engage the services of the City Engineer, Planner, a landscape architect, a soil conservation Planner, a soil conser- vation consultant, and others, to advise as to specific problems. iii The certificate of occupancy for each building site, or covenants and restrictions, may contain conditions for tree maintenance, and restrictions on tree removal, after consultations with the City Forester. b. Any proposed covenants and restrictions to be placed upon the subject property in subject property shall be approved by the City Attorney prior to recording of such covenants or restrictions with the County Recorder. 26. Remedies Upon Default. a. Assessments. In the event the developer shall default in the performance of any of the covenants and agreements herein contained, and such default shall not have been cured within ten (10) days after receipt by the developer of written notice thereof, the City, if it so elects, may cause any of the improvements described in Jjl above to be constructed and installed or may take action to cure said default and may cause the entire cost thereof, including all reasonable engineering, legal and administrative expense incurred by the City, to be recovered as a special assessments under M.S. Chap. 429, in which case the developer agrees to pay the entire amount of the assessment roll pertaining to any such improvement within thirty (30) days after its adoption. Developer further agrees that in the event of its failure to pay in full any.such special assessment within the time pre- scribed herein, the City shall have a specific lien on all of developer's real property within the subject property for any amount so unpaid, and the City shall have the right to fore- close said lien in the manner prescribed for the foreclosure of mechanic's liens under the laws of the State of Minnesota. In the event of an emergency, as determined by the City Engineers, the notice requirements to the developer shall be and hereby are waived in their entirety, and the developer shall reimburse the City for any expense incurred by the City in remedying the conditions creating the emergency. IWC 6/5/7 9 Rev. b. Performance Bond. In addition to the foregoing, the City may also institute legal action against the developer and the corporate surety on its performance bond, or utilize any cash deposit made or letter of credit delivered hereunder, to collect, pay or reimburse the City for the cost of making any of said improvements, or for the cost of curing any default by the developer in its performance of any of the covenants and agreements contained herein. C. Legal Proceedings. In addition to the foregoing, the City may institute any proper action or proceeding at law or at equity to prevent violations of the within development contract, to restrain or abate violations of the within development contract, or to prevent use or occupancy of the proposed buildings. 27. Address of Developer. The address of the developer for pur- poses of this development contract and for purposes of notice under this contract shall be: P.O. Box 40, Excelsior, MN 55331. 28. Successors and Assigns. It is agreed by and between the parties hereto that the agreement herein.contained shall be binding upon and inure to the benefit of their respective successors and assigns. IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed this day of , 19 LYMAN LUMBER COMPANY By Its And Its CITY OF CHANHASSEN Mayor ATTEST: City Manager STATE OF_MINNESOTA ss. COUNTY OF CARVER On this day of , 197 , before me, a notary public within and for said county, personally appeared Walter Hobbs and Donald W. Ashworth, to me personally known, who, being by me duly sworn, did say that they are respectively the Mayor and City Manager of the corporation named in the foregoing instrument, did say that they are respectively the Mayor and City Manager of the corporation named in the foregoing instrument, and that said instrument was signed and sealed in behalf of said corporation by authority of its City Council, and said Walter Hobbs and Donald W. Ashworth acknowledged said instrument to be the free act and deed of said corporation. STATE OF MINNESOTA ss. COUNTY OF Notary Public On this day of , 197, before me, a notary public within and for:said county, personally appeared and , to me personally known, who, being each by me duly sworn, did say that they are respectively the and the of the corporation named in the foregoing instrument, and that the seal affixed to said instrument is the corporate seal of said corporation, and that said instrument was signed and sealed in behalf of said corporation by authority of its Board of Directors, and said and acknowledged said instrument to be the free act and deed of said corporation. Notary Public mm EXHIBIT A The east 782.35 feet of the west 1410.40 feet of that part of the Southwest Quarter of Section 7, Township 116, Range 22, Hennepin County, Minnesota, lying southerly at the right-of-way of the Chicago, Milwaukee, St. Paul and Pacific Railroad. Subject to an easement for public right-of-way purposes in State Highway No. 5 as described in Document No. 3087392. CERTIFICI. ON OF MINUTES RELATIN(, Tf, $1000,000 INDUSTRIAL DEVELOPMENT REVENUE BONDS (Lyman Lumber Company Project) Issuer: City of Chanhassen, Minnesota Governing body: City Council Kind, date, time and place of meeting: a meeting held on November 21, 1977, at o'clock _.M., at Members present: Members absent: Documents attached: Minutes of said meeting (pages): RESOLUTION GIVING PRELIMINARY APPROVAL TO A PROJECT UNDER THE MUNICIPAL INDUSTRIAL DEVELOPMENT ACT, REFERRING THE PROPOSAL TO THE DEPARTMENT OF SECURITIES FOR APPROV- AL, AND AUTHORIZING EXECUTION OF A MEMO- RANDUM OF AGREEMENT AND PREPARATION OF NECESSARY DOCUMENTS I, the undersigned, being the duly qualified and acting record- ing officer of the public corporation issuing the obligations referred to in the title of this certificate, certify that the documents attached hereto, as described above; have been carefully compared with the original records of said corporation in my legal custody, from which they have been transcribed; that said documents are a correct and complete transcript of the minutes of a meeting of the governing body of sai,? corporation, and correct and complete copies of all resolutions and other actions taken and of all documents approved by the governing body at said meeting, so .far as they relate to said obligations; and that said meeting was duly held by the governing body at the time and place and was attended throughout b the members indicated ahove, pursuay nt to call and notice of such meeting given as required by law. WITNESS my hand officially as such recording officer this day of , 1977. Signature Donald W. Ashworth City Manager Name and Title (SEAL) Member introduced the following resolution and moved its adoption: RESOLUTION GIVING PRELIMINARY APPROVAL TO A PROJECT UNDER THE MUNICIPAL INDUSTRIAL DEVELOP- MENT ACT, REFERRING THE PROPOSAL TO THE DE- PARTMENT OF SECURITIES FOR APPROVAL, AND AUTHORIZING EXECUTION OF A MEMORANDUM OF AGREE14ENT AND PREPARATION OF NECESSARY DOCUMENTS BE IT RESOLVED by the City Council of the City of Chanhassen, Minnesota, as follows: 1. It is hereby found, determined and declared as follows: l..l. The welfare of the State of Minnesota requires active promotion, attraction, encouragement and development of economically sound industry and commerce through governmental acts to prevent, so far as possible, emergence of blighted lands and areas of chronic unemployment, and the state has encouraged local government units to act to prevent such economic deterioration. 1.2. Lyman Lumber Company, a Minnesota corporation (here- inafter,the Company), has advised this Council of its desire to construct and equip on certain land within the City, one or more buildings (such land, buildings and equipment being hereinafter referred to as the Project), for use by the Company as a storage and dis- tribution facility for lumber products and other building materials. 1.3. The existence of the Project within -the City would significantly increase the tax base of the City, County and school district in which the City is located, and would provide opportunities for employment for residents of the City and surrounding area. 1.4. The City has been advised that conventional commer- cial financing to pay the capital cost of the Project is available only on a limited basis and at such high costs of borrowing that the economic feasibility of operating the Project'would be signifi- cantly reduced, but that with the aid of municipal financing, and its resulting low borrowing cost, the Project is economically more feasible. 1.5. This Council has been advised by a representative of Allison -Williams Company of Minneapolis, Minnesota, investment bankers and dealers in municipal bonds, that on the basis of informa- tion submitted to them and their discussions with representatives of the Company and potential buyers of tax-exempt bonds, revenue bonds of the City could be issued and sold upon favorable rates and terms to finance the Project. . 1.6. The City is authorized by Minnesota Statutes, Chapter 474, to issue its revenue bonds to finance capital projects consisting of properties used and useful in connection with a revenue -producing enterprise, such as that of the Company, and the issuance of such bonds by the City would be a substantial inducement to the Company to construct its facility within the City. 2. On the basis of information given the City to date, .it appears that .it would be in the best interest of the City to issue its revenue bonds under the provisions of Chapter 474 to finance the Project of the Company at a cost presently estimated to be approximately $1,000,000. 3. The Project above referred to is hereby given pre- liminary approval by the City and the issuance of bonds for such purpose and in such amount approved, subject to approval of the Project by the Commissioner of Securities and to the -mutual agree- ment of this body, the Company and the initial purchasers of the bonds as to the details of the'bond issue and provisions for their payment. In all events, it is understood, however,that the bonds of the City shall not constitute a charge, lien or encumbrance . legal or equitable upon any property of the City except the Project, and each bond, where, as, and if issued, shall recite in substance that the bond, including interest thereon, is payable solely from the revenues received from the Project and property pledged to the payment thereof, and shall not constitute a debt of the City. 4. The form of Memorandum of Agreement relating to the issuance of revenue bonds of the City to finance the cost of the Project is hereby approved and the. Mayor is -hereby authorized and directed to execute the Memorandum of Agreement in behalf of the City. 5. In accordance with Minnesota Statutes, Section 474.01, Subdivision 7, the Mayor is hereby authorized and directed to submit the proposal for the Project to the Commissioner of Securities for his approval of the Project. The Mayor, City Manager, City Attorney and other officers, employees and agents of the City are hereby authorized to provide the Commissioner with any preliminary informa- tion he may need for this purpose, and the City Attorney is author- ized to initiate and assist in the preparation of such documents as may be appropriate to the Project, if it is approved by the Commissioner. Attest: City Manager Mayor -2- The motion for the adoption of the .foregoing resolution was duly seconded by Member , and the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted and was presented to the Mayor who approved and signed the same, which was attested by the City 1-anagere -3- MEMORANDUM OF AGREEMENT THIS MEMORANDUM OF AGREEMENT, dated as of , 1977, between the City of Chanhassen, Minnesota (the "City") and Lyman Lumber Company, a Minnesota corporation (the "Company"), provides as follows: 1. Preliminary Statement. Among the matters of mutual inducement which have resulted in this Agreement are the following: .(a) The City is authorized and empowered by the provisions of Chapter 474, Minnesota Statutes, as amended (the "Act")_, to issue revenue bonds to defray the costs of a project as defined in the Act. (b) The Company has proposed that the City, pursuant to the Act, issue its -revenue bonds to defray the costs to be incurred in connection with the acqui- sition of land and the construction and equipment of one or more buildings thereon to be used as a storage and distribution facility for lumber products (the "Project"), and that the City and the Company ent@t into a lease,, sale or loan agreement or similar agree- ment satisfying the requirements of the Act (the "Revenue Agreement"). (c) The Company wishes to obtain satisfactory assurances from the City that the proceeds of the sale of the revenue bonds of the City will be made available to finance the costs of the Project. (d) Subject to due compliance with all requirements of law, the City by virtue of such statutory authority as may now or hereafter be conferred by.the Act, will issue and sell its revenue bonds in an amount not exceed- ing $1,000,000 (the "Bonds") to pay the.costs of the Project. (e) The Bonds shall be limited,obligations of the City and the principal of and interest on the Bonds shall be payable solely out of the revenues derived from amounts payable to the City by the Company pursuant to the pro- visions of the Revenue Agreement. 2. Undertakings on the Part of the City. Subject to the conditions stated in (d) of paragraph 1 hereof,. the City agrees as follows: (a)_ That it will authorize the issuance and sale of the Bonds, pursuant to the terms of the Act as then in force. (b) That, if it issues and sells the Bonds, it will as requested by the Company enter in to the Revenue Agreement with the Company.The lease rentals, install- ment sale payments, loan payments or other amounts pay- able under the Revenue Agreement will be sufficient to pay the principal and interest and redemption premium, if any, on the Bonds as and when the same shall become due and payable. 3. Undertakings on the part of the Company. The Company agrees as follows: (a) That it will use all reasonable efforts to find one or more purchasers for the Bonds. (b) That contemporaneously with the delivery of the Bonds the Company will enter into the Revenue Agree- ment with the City under the terms of which -the Company will provide security to the City for payment of sums sufficient .in the aggregate to pay the principal of and interest and redemption premium, if any, on the Bonds as and when the same shall become due and payable. (c) At such time as the Bonds are sold and delivered to the purchasers thereof, the Company will reimburse' the City for all reasonable and necessary expenses, in- cluding fees and expenses of counsel, incurred by the City in connection with the authorization, sale and delivery of the Bonds. 4. General Provisions. (a) All commitments of the City under paragraph 2 hereof and of the Company under paragraph 3 hereof are subject to the condition that within twelve (12) months from the date hereof (or such other date as shall be mutually satisfactory to the City and the Company), the City and the Company shall have agreed to mutually acceptable terms and conditions of the Revenue Agreement, the Bonds and of the other instruments and proceedings relating to the Bonds. (b) If the events set forth in (a) of this para- graph do not take place within the time set forth or any extension thereof and the Bonds are not sold within such -3- time, the'Company agrees that it will reimburse the City for all reasonable and necessary direct -out-of-pocket expenses which the City may incur at the Company's request arising from the execution of this Agreement and the -per- formance by the City of its obligations hereunder, and this Agreement shall thereupon terminate. IN WITNESS WHEREOF, the parties hereto have entered into this Agreement by their officers thereunto duly authorized this _ day of , 1977. CITY OF CHANHASSEN, MINNESOTA By Mayor Attest: City Manager LYMAN LUMBER COMPANY By Its Attest: Its -4- AGREEMENT CONCERNING PRELIMINARY DEVELOPMENT PLAN OF THE "LYMAN LUMBER YARD" PLANNED COMMUNITY DEVELOPMENT DISTRICT IN THE CITY OF CHANHASSEN, CARVER AND HENNEPIN COUNTIES, MINNESOTA This agreement made and entered into this day of 1975, by and between the City of Chanhassen, Hennepin and Carver Counties, Minnesota (hereinafter referred to as Chanhassen) and Lyman Lumber Yard (hereinafter referred to as Developer). WITNESSETH: WHEREAS: Developer proposes a Planned Community Development District in Chanhassen to be known as "Lyman Lumber Yard" on the following described land: "The East 782.25 feet of the West 1410.40 feet -of that part of the Southwest Quarter of Section 7, Township 116, Range 22, Hennepin County, Minnesota, lying Southerly of the right-of-way of the Chicago, Milwaukee, St. Paul and Pacific Railroad. Subject to an easement for public right-of-way purposes in State Highway No. 5 as described in Document No. 3087392. WHEREAS, public services are needed by Developer fron Chanhassen to proceed with said development, and; WHEREAS, Developer has furnished Chanhassen with a booklet called "Lyman Lumber Yard Preliminary Development Plan" and; WHEREAS, it is the intention of the Developer to proceed with said development in stages and to obtain final development plan approval of each stage as said development progresses and to base his appli- cation for said final development plan approval on said Proposed Preliminary Development Plan. NOW THEREFORE, IT IS HEREBY AGREED BY AND BETWEEN THE PARTIES HERETO AS FOLLOWS: 1. Developer agrees to develop the land described above pursuant to the proposed Preliminary Development Plan and to obtain final development plan approval for each stage or phase of said develop- ment from Chanhassen before proceeding with any construction work on each said phase. 2. Chanhassen hereby approves said proposed preliminary development plan subject, however, to the terms and conditions herein contained. c ¢r ge 2 3. Developer represents that said development shall be limited to the following land uses: a. 1.4 AC+ frontage road b. 3.6 ACT future expansion area C. 15.0 ACT development site containing: 1. 44,000 sq. ft. Millwork Plant 2. Lumber distribution area 3. 32,338 sq. ft. Component Plant +1 4. 6,500 sq. ft. General Office 5. Total Pavement area 272,000 sq. ft. 4. Developer represents that he will file with Chanhassen final development plans as required by the Chanhassen Zoning Ordinance for Phase I of said development within seven (7) months from the date hereof, and Chanhassen, therefore, limits it's approval to said seven (7) month period. Developer also represents that he will complete development of Phase II within nineteen (19) months, from the date hereof, and Chanhassen, therefore, limits its approval to said nineteen (19) month period. Developer further agrees that he will complete development of Phase III within fifty-four (54) months from the date hereof, and Chanhassen, therefore, limits its approval to said fifty-four (54) month period. Developer further agrees that he will complete development of Phase IV and V within sixty-six (66) months from the date hereof, and Chanhassen, therefore, limits its approval to said sixty-six'(66) month period. Developer agrees that he will not contest withdrawal of said approvals at the end of said periods of time; provided, however, that completion of the purpose of this paragraph shall mean that a development contract for each specific phase shall have been executed within said period of time by the parties hereto. 5. Developer, at developer's expense, agrees to construct and dedicate to the public, the right-of-way for a frontage road as more specifically shown in the preliminary development plan the right-of-way width of said frontage road shall be fifty (50) feet and shall be surfaced thirty-six (36) feet wide according to City Ordinances. Driveway entrances into said frontage road shall be held to a minimum, but at least one (1) entrance shall be provided for Phases 1, III, and V. Said frontage road shall be completely constructed for whatever length will correspond to the east -west length of Phase I, and shall be provided with a temporary cul-de-sac at the east terminus of said frontage road. Said frontage road shall also be completly constructed to the east property line during final development plans for Phase III. 6. Developer, at.developer's expense, agrees to reserve twenty-five (25) feet along the south property line to be used for future State Highway 5 right-of-way. Said reserved right-of-way is specifically shown in preliminary development plan. _ .fge 3 7. Developer agrees that no erosion of the Slate Highway righ- of-way shall occur during site grading. S. Developer agrees to file a Soil and Water Conservation Plan with Chanhassen as part of the Final Development Plan. Said Soil and Water Conservation Plan shall include: a) a time table for development phases including a land grading plan for building sites, streets, utilities, erosion control, and surface and sub -surface drainage; b) location of stock pile areas for topsoil that will be used in final grading for landscaping; c) a plan for final revegetation which will include provisions that sod or grass seeding areas exposed in excess of thirty (30) days shall be mulched or shall be planted to temporary annual grass; d) a plan for surface water run off and provision for grass waterways and storm drains as may be needed; and e) a plan for grade stabilization structures th$k- may be needed, Chanhassen reserves the right to require such modifications of said Soil and Water Conservation Plan as it deems necessary. 9. Developer agrees to file with the Riley -Purgatory Creek Water- shed District an application for a land alteration permit. Said application shall show construction plans for erosion protection facilities to be employed during and after construction. Said permit application shall be filed with the Watershed District as soon as grading plans are available for Phase I. 10.. All stormwater drainage facilities within said development shall conform to the design standards of the Riley -Purgatory Creek Water- shed District and Chanhassen. The developer shall construct ponding areas at the start of development in each phase and shall cause all stormwater run-off to pass into these areas during the development of the land so as to prevent any site erosion. The developer shall maintain said ponding areas and other erosion control devices in a manner acceptable to Chanhassen and the Riley -Purgatory Creek Watershed District. 11. Developer agrees that all buildings to be constructed shall be tilt -up concrete or architectual concrete block with balance of street construction as more specifically shown in the preliminary development plan. The developer further agrees that the design and color of the building be of a harmonious nature so as to be of uniform appearance. 12. Developer agrees to construct landscape areas as more specifically defined in the preliminary development plan. 13. Developer agrees at his expense to construct, install and perform all work and furnish all materials and equipment in connection with the installation of improvements required by the final development plan. All said improvements shall be subject to the City. rrage 4 14. Developer agrees that all improvements contemplated in the construction of "Lyman Lumber Yard". shall equal or exceed City standards, shall be constructed and installed with engineering plans and specifications approved by the City engineers and the requirements of applicable City Ordinances and standards, and that all of said work shall be subject to the supervision of the City engineers 15. The Developer shall reimburse the City for all costs, including. reasonable engineering, legal, planning and administrative expense, incurred by the City in connection with all matters relating to the administration and enforcement of the within agreement and performance thereof by the developer. 16. It is agreed by and between the parties hereto that the within approval of the proposed preliminary development plan of "Lyman Lumber Yard" is personal to Developer and shall not be assigned or transferred without the prior written approval of the City Council. 17. Address of Developer. The address of the developer for the purpose of this development agreement is IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed on the day and year first above written. In Presence Of: z CITY OF CHANHASSEN Mayor Attest Clerk -Administrator Thomas Lowe President -"Lyman Lumber Yard" t P\ -61- 5� SITE PLA_q REVIEW CASE NO. SPR l _ City of Chanhassen Carver and Hennepin Counties, Minnesota APPLICATION FOR CONSIDERATION OF PLANNING REQUEST Date of Application Escrow Paid Received by` Applicant Name: Lyman Lumber Last First Date Address: P.O. Box 40 - Excelsior, MN. 55331 Number and Street Cj_ty State Zip Code Owner Lyman Lumber Last First Initza Address: P.O. Box 40 - Excelsior, MN. 55331 Number and. Street City State Zip Code Address of property in question: 18900 West 78th Street - Chanhassen, MN. 55317 Legal description of property in question: The East 782.35 feet of the West 1410.40 feet of that part of the Southwest quarter of section 1, township 116, range 22, Hennepin Countv, MN., lying Southerly of the right-of-way of the Chicago, Milwaukee, St. Paul and Pacific Railroad. Present zoning of property: P-4 Present use of property: Proposed use of property: Lumber Distribution Center The following documents if appropriate shall be attached to this application: Date Received Initial 1. Site development plan 2. Escrow Deposited f OR -62- I hereby declare that all statements made in this application and of the attached documents are true, and that I shall reimburse the Cit, for all expenses incurred in processing this application for condit: use . Sig(nature of Applicant r-- Signature of Owner Date Received by Title Dat (Following to be completed by Zoning Administrator or City Official) CHRONOLOGY Date B Application on industrial Commission agenda Application on Plannin Comm s;ion agenda Planning Commission postponed to Planning Commission action Application on Council Agenda CounciLl postponed to Counc1.l Action Bscrow Returned Amount PLANNING COMMISSION RECOMMENDATION On this day of 19 , this site plan was recommended for (approval) , (disapproval subject to the following conditions.! Chairman of Planiiing Commisszc Action by City. On this day of , 19 , the Chanhassen City Council, Carver and Hennepin Counties, Min sen ota (approved), (disappr this site plan subject to the following conditions: By order of the Chanhassen City Council Mayor Attest: City Administrator ESTIMATED COSTS - PHASE I LYMAN LUMBER COMPANY DEVELOPMENT CITY OF CHANHASSEN (Includes cost of Industrial Development Revenue Bond Financing) Distribution Yard Component Plant Land (including improvements) $186,618 $124,412 Buildings 314,500 390,000 Equipment 5,000 250,000 City Fees 1,700 1,400 Engineering 2,000 2,000 $509,818 $767,812 General Costs Planning $ 13,000 Escrows to City 4,000 Bond Attorney 10,000 Corporate Counsel 2,500 Auditors 7,500 Printing 2,000 Trustee 1,500 Underwriter's Discount 62,000 Reserve 115,000 Miscellaneous Expenses 55,000 $272,500 Total Cost $ 509,818 767,812 272,500 $1,550,130 P References to information to be found in 1977 Prospectus and 1977 Financial Statements, both of which are enclosed. (These are numbered according to the appropriate number in the Administrative Memorandum.) 1. Historical summary of Earnings Statements for past five years. See Prospectus, pp. 7, 30 and 31 and 1977 Financial Statements. 5. Management Statement - see Prospectus, pp. 12, 13, 14 and 15. There has been no material changes since this statement was written. ESTIMATED ANNUAL PAYROLL LYMAN LUMBER COMPANY, CHANHASSEN for 1979, 1980 and 1981 Year Payroll 1979 $ 900,000 1980 1,120,000 1981 1,870,000 * * Reflects the addition of Millwork Plant to Chanhassen Development in 1981. CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA NOTICE OF PUBLIC HEARING FOR PROPOSED PLAN AMENDMENT FOR LYMAN LUMBER COMPANY CHANHASSEN, MINNESOTA NOTICE IS HEREBY GIVEN, That the Planning Commission of the City of Chanhassen meet at 3:15 p.m. on Wednesday, the 4th day of April, 1979, at the City Hall, 7610 Laredo Drive, for the purpose of holding a public hearing to consider the development plan amendment for the Lyman Lumber Development Plan on the following described tract of land: The east 782.25 feet of the west 1410.40 feet of that pair of the southwest quarter of Section 7, Township 116, Range. 22, Hennepin County, Minnesota, lying southerly of the right of way of the Chicago, Milwaukee, St. Paul and Pacific Railroad. Subject to an easement for public right of way purposes in State Highway 5 as described in document number 3087392. All persons interested may appear and be heard at said time and place. A plan showing said amendments are available for inspection at City Hall. BY ORDER OF THE PLANNING COMMISSION Bob Waibel, Asst. Manager Planner (Publish in the Carver County Herald on March 21, 1979). DIMS Systems Corp. § . R&55,mitcBell Road m§ 55. $% Eder prairie, ƒ � � Mr. Harry Kerber § - 18791 W. 78tE St, �1 Eden Prairie, MN 55- . [! \ \ w \ Mr. Al Kerber § ' ( 1879O W. 78tE Bt. Eden prairie, MN 55344§ � § [; � § ! [: / Mr. nay Kerber . . 18210 W. 78tE St. < Eden Prairie, MN 55344 q ® �§ . ƒ (- . � - City of Eden Prairie [ ( 8950 Eden prairie Rd Eden Prairie, !IN 55344 . u ( ] . � ! - .» Company t2man Lamer 337 Water St. E xcel§ior, MN 55331 ] §` • l 1. 4 - [ ! ] k \� §! . . j ). j} 4 ] § ! ] ` § ! ] ] ) � ) H 6/5/7 9 Rev. CITY OF CHANHASSEN LYMAN LUMBER COMPANY DEVELOPMENT CONTRACT WHEREAS, application has been made by Lyman Lumber Company (the developer), a Minnesota corporation, as the owner of a tract of land more particularly described on Exhibit A attached hereto and made a part hereof, for the construction of a lumber distribution yard, component plant, millwork plant, and office building; and WHEREAS, said tract of land (hereinafter referred to as "the subject property") is located within the corporate limits of the City of Chanhassen (the City); and WHEREAS, the subject property is presently zoned P-3; and WHEREAS, the developer has made application under the City Zoning Ordinance to the City Council for the approval of a P-3 Planned Community Development Plan; and WHEREAS, public hearings were held by the Chanhassen Planning Commission on April 9, 1975, June 14, 1978, and April 4, 1979 to consider public comment on the preliminary development plan of the. developer; and WHEREAS, the City Council has by its resolutions adopted July 10, 1978, July 24, 1978, and April 16, 1979 approved said plan, subject to and on condition that the developer enter into this contract; and WHEREAS, the Chanhassen City Council has determined that the proposed development is not.in conflict with the Comprehensive Plan of the City; and WHEREAS, the Chanhassen City Council has determined that the proposed development is designed in such a manner as to form a desirable and unified environment within its boundaries; and WHEREAS, the Chanhassen City Council has determined that the proposed development will not be detrimental to present and future land use in the surrounding area; and WHEREAS, the Chanhassen City Council has determined that any exceptions contained hereinafter to the zoning ordinance and subdivision ordinances of the City of Chanhassen arejustified by the design of the development; and -1- WHEREAS, she Chanhassen City Counc' has determined that the development described herein will not have an adverse impact on the reasonable enjoyment of neighboring properties; i I NOW, THEREFORE, in consideration of the foregoing premises and acceptance by the City of the preliminary development plan, the r City and the developer agree as follows: 1. Improvements by Developer. Developer agrees at its expense to construct, install and perform all work and furnish all materials and equipment in connection with the installation of the following improvements in accordance with the plans described in 1j2 below: 4 a. Parking lot and access driveway grading, stabilizing, `s and bituminous surfacing; b. Concrete curbs and gutters abutting all access driveways, including the access driveway connecting the frontage road and the dispatch office as.depicted on the plans described in 112 below; G. storm and surface water drainage; d. boulevard sodding or seeding; e. grounds lighting. t. 2. Scope of Development Governed by Exhibits. The exterior dimensions, grading plan, and placement of structures shall be sub- stantially in conformance with the Phase I Grading Cross -Sections Plan, Phase I Landscape Concept Plan, Staging Plan, Phase I Landscape Concept Plan, Full Grading & Utilities Plan, and Full Development s Grading Cross -Section Plan, all of which are dated April 18, 1978, l as amended by the Plan Amendment plan dated March 8, 1979, and all of which were prepared by Bather, Ringrose, Wolsfeld, Jarus, Gardner, Inc. (BRW), Architects, of Minneapolis, Minnesota, and copies of which are on file in the office of the City. Zoning Administrator. 3. Construction in Phases. The developer may commence con- struction of Phase I, as depicted on said plans, immediately upon due execution of the within development contract and issuance of the requisite building permits. Construction and landscaping shall be completed in accordance with the following schedule: Phase I (Distribution Yard, Warehouse, Umbrella Buildings, Dispatch Office, Storage Building Phase II (Millwork Building) Phase III (Component Plant) Phase IV (Office Building) Screening and Berming from View from Highway No. 5 September 1., 1980 July 1, 1982 December 31, 1984 December 31, 1986 September 1, 198G The architectural design and decorating scheme of the proposed "three• sided storage buildings," "umbrella buildings," and "warehouse" shall be in substantial conformance with the developer's architectural rend( ings dated April 7, 1975 and prepared by BRW. The architectural desi( and decorating scheme of the proposed "dispatch office" shall be in substantial conformance with the developer's architectural renderings dated March 3, 1975. Copies of said renderings are on YAM file in the office of the City Zoning Administrator. The architec- tural design and decorating scheme of the proposed "general office" building and "component plant building" shall be submitted to the Planning Commission for review and to the Chanhassen City Council for approval prior to the developer's application for any building permits therefor. 4. Temporary Access to Highway #5. No building permit shall be issued an no construction shall be commenced until the developer shall have obtained a written entrance permit from the Minnesota Department of Transportation allowing temporary vehicular access from the property described in Exhibit A hereto to State Highway #5. The developer agrees to abandon said temporary access inunediatel upon completion of a public frontage road linking the property described in Exhibit A hereto with State Highway #5 or West 78th Street. 5. Schedule of Work. The developer further agrees that it shall commence work hereunder on or before 1975 , and shall have all work done and improvements fully -completed to the satisfaction and approval of the City in accordance with 113 above. The developer shall submit a written schedule indicating the proposed progress schedule andorder of completion of work covered by this contract, which schedule shall be a part of this contract. Upon receipt of written notice from the developer of the existence of causes over which the developer has no control which will delay the completion of the work, the City, in its discretion; may extend the date hereinbefore specified for completion. 6. Grading Plan and Lighting Plan. No permit for grading shal. be issued and he developer shall perform no grading of the subject property until the developer's final grading plan has been reviewed by City Staff for purposes of verifying that said grading plan is in complete conformity with all of the provisions of the within permit and contract. Said final grading plan shall include existing contours, proposed grading elevations, drainage configurations, storm water drainage configurations, spot elevations, proposed access driveway road profiles, location and candlepower of all illuminaries, and locations of exterior trash storage areas. 7. Sign Plan. The developer agrees to prepare and submit to the City a sign plan, which shall include location., type, and dimen- sions of all proposed exterior signs. No exterior signs shall be erected and no sign permit shall be issued until after said sign plan has been reviewed by the City for purposes of verifying that said sign plan is in conformity with applicable City ordinances. -3- 6/19/7 9 Rev. 8. Landscape Plan and Screening From Highway #5. The develope agrees to prepare and submit to City Staff a final landscape plan whi shall include location, type and diameters of proposed plantings, and description of and locations of all screening devices. No landscapi,n permit shall be issued and the applicants shall perform no landscapin until after said landscape plan has been reviewed by City Staff for purposes of verifying that said landscape plan is in conformity with all of the provisions of the within permit.. The grading plan and landscape plan of the developer shall have the objective of screening Phase I, as described in §1 above, from view from State Highway #5, said screening to be completed no later than September 1, 1980. In the event that the Millwork Building contempla in Phase II of the development is completed on or before September 1, 1980, said screening may also be accomplished in whole or in part by the erection of said Millwork Building. 9. Reimbursement of Costs. The developer shall reimburse the City for all costs, including reasonable engineering, legal, planning and administrative expenses, incurred by the City in connection with all matters relating to the administration and. -enforcement of the within permit, and the performances thereof by the developer. 10. Performance Bond. For the purpose -of assuring to the City that the improvements to be constructed, installed and furnished by t] developer as set forth in 1f1 hereof shall be constructed, installed and furnished according to the terms of this agreement, and that the developer shall pay all claims for work done and materials and suppli( furnished for the performance of this agreement, and that the develop( shall fully comply with all of the other terms and provisions of this development contract, developer agrees to furnish to the City cash deposits in the amounts shown. on the schedule below, or corporate sur( bonds in said amounts and approved by the City and naming thee -City as obligee thereunder, or irrevocable letters of credit approved by the City in said amounts, all of which shall be conditioned upon the performance by the developer of its obligations hereunder, said sums x equal to 1100 of the total cost of such improvements as estimated by Schoell & Madson, Inc., the City Engineers: Phase I Phase II Amount to be established by separate addendum to this contract. Phase III Amount to be established by separate addendum to this contract Phase IV Amount to be established by separate addendun to this contract. 11. - Public Welfare. The establishment, maintenance and operatic of the use shall not be detrimental to, nor endanger the public health, safety, comfort or general welfare. 12. Screening. All trash areas, mechanical equipment, compressc and air condition g equipment, including roof top equipment, shall bE screened from view from State Highway #5. 13. Nuisance. The activities conducted on the premises shall nc cause the emission of noxious odors, nor cause objectionable noise_ 5 proposed use shall not be injurious to the use and enjoyment of other property, nor diminish nor impair property values in the immediate vicinity. 11� 6/5/ 79 Rev. 14. Public Address System. No public address system or other audio paging system shall be utilized on the subject property which emits noise in excess of the standards set forth in the Chanhassen Zoning Ordinance and all regulations amendatory and supplementary thereto, which standards shall be binding upon the developer. 15. Other Regulations. The developer shall comply with all City Ordinances, state laws, and regulations of state agencies and departments. 16. Proof of Title. Upon request, the developer shall furnish the City with evidence satisfactory to the City that it has acquired fee title to the subject property. 17. Erosion Control. The developer, at its expense, shall pro- vide temporary dams, earthworks, or such other devices and practices, including the seeding or sodding of graded areas, as shall be needed, in the judgment of the City Engineer, to prevent the washing, flooding sedimentation or erosion of lands and roads within and outside the subject property during all phases of construction. Developer shall keep all streets free of all dirt and debris resulting from construc- tion by the developer or its agents upon the subject property. 18. Preparation of Final Building Plans. No building permit shall be issued until final building drawings and specifications, inch ding building heights, have been reviewed by the Chanhassen Planning Commission and approved by the Chanhassen City Council. If the develol chooses to proceed using the "fast track buildingsystem," the prepara- tion of mechanical plans and electrical plans and the submission of mechanical plans and electrical plans may be postponed, at the developer's option, until completion of building structural shells. Ii the developer opts for such postponement, no electrical or mechanical construction shall occur until after.City staff has reviewed and approved the developer's mechanical plans and electrical plans. 19. Special Assessments and Taxes. No permit for grading or building shall be issued until the developer has paid in full all out- standing special assessments which have been levied on the subject property heretofore and all unpaid real estate taxes payable therewith 20. No Changes in Use; Re -Saw Facility; No Consumer Sales. The use of the proposed structures shall be limited to building materia warehousing, distribution andsales of such materials, operation of a "re -saw" facility, including component assembly of such materials, millwork production, and office uses incidental thereto. For purposes of this section a "re -saw" facility is a wood sawing facility wherein large dimension timbers are cut into smaller dimension timbers for the purpose of minimizing inventory storage. The sales contemplated by this contract are sales to the construction industry rather than direct, over the counter, sales to the ultimate consumers. No sales, except sales to the construction industry, shall be permitted on the subject property. The developer acknowledges that said restriction mus be strictly complied with and may be enforced by the City in proceeding at law or in equity. No changes from the foregoing uses shall occur - except by an amended development contract or by a re -zoning of the sub- ject property. MIS 6/5/79 Rev.. 21. Disclaimer by City. It is understood and agreed that the City, the City Council, and the agents and employees of the City shalt not be personally liable or responsi_-)le in any manner to the developer the developer's contractors or subcontractors, materialmen, laborers, or to any other person, firm or corporation whomsoever, for any debt, claim, demand, damages, actions or causes of action of any kind or character arising out of or by reason of the execution of this agreeme or the performance and completion of any work and improvements here- under; and that the developer will save the City, the City Council, ax the agents and employees of the City harmless from any and all claims, damages, demands, actions or causes of action arising therefrom and the costs, disbursements and expenses of defending the same. 22. Written Work Orders. The developer shall do no work nor furnish materials for which reimbursement is expected from the City unless a written order for such work or materials is received from the City Manager. Any such work or materials which may be done or furnished by the developer without such written order first being given shall be at its own risk, cost and expense, and and developer hereby agrees that without such written order, developer will make no claim for compensation for work or materials so done or furnished. 23. Boulevards and Driveways. The developer agrees to furnish, construct and install, at developer's sole expense, the following improvements for the benefit of the subject property and in accordance with the above described plan: a. Boulevard sod or seeding, either of which shall be of uniformly good quality; b. any driveway surfacing within the public street rights of way, the materials and installation of which shall be approved by the City engineers. 24. Liability Insurance. The developer shall take out and main- tain during the life of this agreement, public liability and property damage insurance covering personal injury, including death, and claims for property damage which may arise out of the developer's work or the work of its subcontractors, or by one directly or indirectly employed by any of them. Limits for bodily injury or death shall be not less than $100,000 for one person and $300,000 for each accident; limits for property damage shall be not less than $100,000 for each accident. The City shall be named as co-insured on said policy and the developer shall file a copy of the insurance coverage with the City. 25. Special Conditions. a. Landscaping and exact location of structures on the subject property shall be determined through discussions between City staff and developer or its assigns prior to issuance of building permits, subject to the following standards and conditions: 6/5/79 Rev. i. Landscaping and location of structures shall take into consideration the preservation of trees, slope protection, subsurface drainage, prevention of silta- tion, and similar potential problems. ii. In the event agreement cannot be reached between the City staff and developer, the City shall have the right, at the expense of the developer, to engage the services of the City Engineer, Planner, a landscape architect, a soil conservation Planner, a soil conser- vation consultant, and others, to advise as to specific problems. iii The certificate of occupancy for each building site, oY covenants and restrictions, may contain conditions for tree maintenance, and restrictions on tree removal, after consultations with the City Forester. b. Any proposed covenants and restrictions to be placed upon the subject property in subject property shall be approved by the City Attorney prior to recording of such covenants or restrictions with the County Recorder. 26. Remedies Upon Default. a. Assessments. In the event the developer shall default in the performance of any of the covenants and agreements herein contained, and such default shall not have been cured within ten (10) days after receipt by the developer of writt notice thereof, the City, if it so elects, may cause any of the improvements described in T1 above to be constructed and installed or may take action to cure said default and may cause the entire cost thereof, including all reasonable engineering, legal and administrative expense incurred by the City, to be recovered as a special assessments under M.S. Chap. 429, in which case the developer agrees to pay the entire amount of the assessment roll pertaining to any such improvement within thirty (30) days after its adoption. Developer further agrees that in the event of its failure to pay in full any such special assessment within the time pre- scribed herein, the City shall have a specific lien on all of developer's real property within the subject property for an] amount so unpaid, and the City shall have the right to fore- close said lien in the manner prescribed for the foreclosure of mechanic's liens under the laws of the State of Minnesota. In the event of an emergency, as determined by the City Engineers, the notice requirements to the developer shall be and hereby are waived in their entirety, and the developer shall reimburse the City for any expense incurred by the City in remedying the conditions_ creating the emergency. -7- 6/5/79 Rev. b. Performance Bond. In addition to the foregoing, the City mz also institute legal action against the developer and the corporate surety on its performance bond, or utilize any cash deposit made or letter of credit delivered hereunder, to collect, pay or reimburse the City for the cost of makinc_ any of said improvements, or for the cost of curing any default by the developer in its performance of any of the covenants and agreements contained herein. C. Legal Proceedings. In addition to the foregoing, the City may institute any proper action or proceeding at law or at equity to prevent violations of the within development contract, to restrain or abate violations of the within development contract, or to prevent use or occupancy of the proposed buildings. 27. Address of Developer. The address of the developer for pur- poses of this development contract and for purposes of notice under this contract shall be: P.O. Box 40, Excelsior, MN 55331. 28. Successors and Assigns. It is agreed by and between the parties hereto that the agreement herein contained shall be binding upon and inure to.the benefit of their respective successors and assigns. IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed this 16th day of July 19 79 LYMAN UMBER COMPANY By I , (I?, -CSz o E Its e 'den AndZ2LZ'4'1'/ I Vice esident CITY OF C HASS By - Mayor ATTEST: /-/ r! __/ �') City Manager - W-10 STATE OF MINNESOTA ss. COUNTY OF CARVER On this ,U 'day of .,: , 197 /, before me, a notary public within and for saZd co nty, personally appeared Walter Hobbs and Donald W. Ashworth, to me personally known, who, being by me duly sworn, did say that they are respectively the Mayor and City Manager of the corporation named in -the foregoing instrument, did say that they are respectively the Mayor and City Manager of the corporation named in the foregoing instrument, and that said instrument was signed and sealed in behalf of said corporation by authority of its City Council, and said Walter Hobbs and Donald W. Ashworth acknowledged said instrument to be the free act and deed of said corporation. Not r Pu ULC KAREN J. ENGELHARDT STATE OF MINNESOTA ) NOTARY PUBLIC - MINNESOTA CARVER COUNTY ) s s . My Commi"on Expire& Oct. it, IM COUNTY OF )Ego On this 16th day of July , 197 9 , before me, a notary public within and for said county, personally appeared Thomas P. Lowe and Peter J. Throdahl , to me personall, known, who, being each by me duly sworn, did say that they are respectively the President and the Vice President of the corporation named in the foregoing instrument, and that the seal affixed to said instrument is the corporate seal of said corporation, and that said instrument was signed and sealed in behalf of said corporation by authority of its Board of Directors, and said Thomas P. Lowe and Peter J. Throdahl acknowledged said instrument to be the free act and deed of said corporation. ----------------------------- c�.,C,�X,�• 1,�. lam. WILLIAM H. KEENE Notary Public +. NOTARY PUBLIC - MINNESOTA HENNEPIN COUNTY ' ..-' w, commission Expires Jan. is, IOU I EXHIBIT A The east 782.35 feet of the west 1410.40 feet of that part of the Southwest Quarter of Section 7, Township 116, Range 22, Hennepin County, Minnesota, lying southerly at the right-of-way of the Chicago, Milwaukee, St. Paul and Pacific Railroad. Subject to an easement for public right-of-way purposes in State Highway No. 5 as described in Document No. 3087392. RUSSELL H. LARSON CRAIG M. MERTZ OF COUNSEL HARVEY E. SKAAR MARK C. McCULLOUGH Bob Waibel Land Use Coordinator Box 147 Chanhassen MN 55317 Re: Dear Bob: LARSON & MERTZ ATTORNEYS AT LAW 1900 FIRST BANK PLACE WEST MINNEAPOLIS, MINNESOTA 55402 July 28, 1981 Lyman Lumber TELEPHONE (612) 333 ISII On April 20, 1981, the City Council approved a site plan amendment allowing the construction of a storage building. Enclosed you will find a document entitled "Site Plan Amendment, Lyman Lumber Company." Please note that this document amends the development contract by including a reference to the newly approved building. In addition, as a housekeeping measure, I have also included a reference to the change in the phasing which was approved by the City Council in June of 1980. Thus, this site plan amendment would supersede the document entitled "First Amendment to Development Contract." The only operative contract documents in your file then would be the original copy of the development contract, itself, and this site plan amendment. Please note that the site plan amendment has been executed by Lyman Lumber Company. Very truly yours, 0, , ---� _j4 -�%CRAIG MRTZ Assistant Chanhassen City Attorney CMM:ner enc SITE PLAN AMENDMENT LYMAN LUMBER COMPANY WHEREAS, the parties hereto have made and entered into a development contract dated July 16, 1979, and entitled "Lyman Lumber Company. Development Contract" (The Development Contract); and WHEREAS, said Development Contract provides for four phases of construction, and WHEREAS, at the time of execution of said Development Contract, final plans, final specifications and the final site plan were not available for Phases II, III and IV; and WHEREAS, Developer has requested approval of plans and specifications to proceed with Phase II (Millwork Building); and WHEREAS, the Planning Commission has reviewed Developer's proposal for Phase II and issued its Planning Report dated May 12, 1980 and approved said Phase II subject to certain conditions on May 14, 1980; and WHEREAS, the City Council approved said Phase II subject to certain conditions by resolution dated June 2, 1980; and WHEREAS, the Developer has.requested a further approval of a further amendment of its site plan so as to allow the construction of 60 foot by 24 foot aluminum-sided-ee+d storage building; and WHEREAS, said site .plan amendment was reviewed and approved by the Planning Commission on April 8, 1981; and WHEREAS, said site plan amendment was approved by the City Council on April 20, 1981. NOW, THEREFORE, said Development Contract is amended as follows: A. Paragraph 2 of the Development Contract is amended to add the following sentences: The exterior dimensions, grading plan and placement of structures of the "office/millwork building" in Phase II shall be substantially in conformance with plans entitled "Automated Building Components" dated January 24, 1980 by Volp Construction Co. and Landscape and Grading Flan dated April 7, 1980 by Emilio L. Viramontes & Volp Construction Co., copies of which are on file in the office of the City Zoning Administrator, subject to the changes and conditions hereinafter set forth. In addition, the developer 'may construct a 60 foot by 24 foot aluminum-sided„ems storage building in the location depicted on Volp Construction Co.'s revised OR r-. Lyman Lumber Site Plan as filed with the Chanhassen Planning Commission on April 8, 1981. B. The last sentence of Paragraph 3 is amended to -read as follows: The architectural design and decorating scheme of the proposed "office/millwork building" shall be in sub- stantial conformance with the plans entitled "Auto- mated Building Components" dated January 24, 1980 and April 7, 1980 by Volp Construction Co., copies of which are on file with the City Zoning Administrator. The architectural design and decorating scheme of the proposed Component Plant (Phase III) and Office Building (Phase IV) shall be submitted to the Planning Commission for review and to the Chanhassen City Council for approval prior to the Developer's application for any building permits therefor. C. The Plans dated January 24, 1980 and April 7, 1980 by Volp Construction Co. are approved subject to the following conditions; a) The three parking stalls shown on the Plans in the southwesterly curb cut shall be relocated north of the proposed building; b) Four additional parking stalls shall be added, the location of which shall be subject to approval of the City Planner; c) The Developer's lighting plan shall be subject to the approval of the City Engineer; d) Developer shall maintain screening of the site east of the proposed building with the terms as previously approved by the City Council. Except as specifically provided herein, all other terms, conditions and provisions contained in the above -described Development Contract shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed on this -) ',)1A day of J z L4 , 1981. LYMAN LUMBER COMPANY CITY OF CHANHASSEN B.y; . . . Mayor Attest City Clerk/Manager STATE OF MINNESOTA) ) ss. COUNTY OF CARVER ) On this day of , 1981, before me, a notary public within and for said County,, personally appeared and Don Ashworth, to me personally known, who, being each by me duly sworn, did say that they are respectively the Mayor and City Manager of the municipal corporation named in the foregoing instrument, and that said instrument was signed in behalf of said corporation by authority of its City Countil, and said and Don Ashworth acknow- ledged said instrument to be the free act and deed of said corporation, STATE OF MINNESOTA) Htn✓►tpin ) ss. COUNTY OF �' ) On this .27 day a notary public-i�c� with and and to me known to be the Notary Public of J J & , 1981, before me, for said Co nty, personally appeared and f i a v:v. =J_ .land C; of the corporation named in the foregoing instrument, and that s id instrument was signed in be alf of said corporation by and iLee o gy and acknowledged said instrument to be the free act and deed of said corporation. ------------------- MURIEL J. SKOOG MOTARY PUBLIC -MINNESOTA HENNEPIN COUNTY N y Public `+A + My Commiss'on Expires Aug. 2. 1954 -3- r MIDLAND NATIONA' SANK 7k 401 Second avenue Sou,,, BiWca. �:lrnneapolis, Minnesota 55480 � 612/372 7000 Amendment LC-3110 . July 17, 1981 OD °3r _ Don Ashworth, City Manager City of Chanhassen Chanhassen, MN 55317 l Dear Mr. Ashworth: r At the request of our customer, LYMAN LUMBER COMPANY, Box 40, Excelsior, Minnesota LC-3110 please make the following amendment changes: 1. Decrease Letter of Credit No. 3110 in the amount of $40,000.00 for a new balance of $3,000.00. ` 2. Extend the expiration date on Letter of ' Credit No. 3110 to October 1, 1982. / 3. All other terms should remain the same. This amendment should be attached to and becomp'`an ` integral part of said Letter of Credit. Sincerely, A J. Jon Gloppen r Commercial Banking Officer i TJG:kj RECE'"'= JUL 2 0 i4gi CITY OF CHANHASSEN Midland National Bank of Minneapolis CITY OF CHANHASSEN 7610 LAREDO DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937-1900 PLANNING REPORT DATE: April 6, 1981 TO: Planning Commission and Staff FROM: Land Use Coordinator, Bob Waibel SUBJ: Site Plan Amendment Request, Lyman Lumber facility APPLICANT: Lyman Lumber, Inc. PLANNING CASE: P-059 Petition The applicant is proposing to construct addi ti'onal' ,en24' x 64' metal storage stied in the distribution area of their complex. According to the Ordinance, this action requires a review. by the Planning Commission and City Council. Background 1. Community Location: As shown in the Community location graphic, the subject property is located approximately 700' East of the intersection of the North Highway #5 Frontage Road and Dakota Avenue.. 2. Existing Zoning: the subject property is presently zoned P-4, Planned Industrial District. 3. Utilities: Subject property is presently zoned P-4 Planned Industrial District. Comments: Albeit that the amendment request is extremely minor relative to the Lyman Lumber complex, as stated above, it does require Planning Commission and City Council review. The location of the proposed building will provide approximately 45' of clear isle width on the Wes-tly side of the building and 88' on th.e E.asterly,s-i'de. This proposal should propose no problem with. th:e constuuci:ton of the truss plant proposed in phase 3. Planning Report P-059 Page 2 April 6, 1981 Recommendation: I recomend that the Planning Commission recommend that the City Council approve the subject request as proposed. RUSSELL H. LARSON CRAIG M. MERTZ OF COUNSEL HARVEY E.SKAAR MARK C. MCCULLOUGH Mayor Tom Hamilton City of Chanhassen Box 147 Chanhassen MN 55317 LARSON & MERTZ ATTORNEYS AT LAW 1900 FIRST BANK PLACE WEST MINNEAPOLIS, MINNESOTA 55402 March 27, 1981 TELEPHONE (612) 33S-966$ oujul MAR 1981 RECEMIVE � VILLAGE n Re: Lyman Boulevard Alignment Alternatives c!—' SHAM County Road 18 ) fie' MlNft Dear Tom: E91, You have requested that this office render an opinion on the agreement entered into between the City and county in the fall of 1977, relating to the Carver County State Highway Aid system. The contract document bears the title Agreement No. 1 and is further entitled "Relating to Turnback Policy and Schedule Resulting from Certain Revisions to the Carver County State Aid Highway System." The contract is not dated, but appears to have been acknowledged by a resolution dated November 22, 1977, by the Carver County board and a resolution of Chanhassen dated October 17, 1977. A review of the contract document leads us to the opinion that it is more of an expression of intent than a definitive contract. The document lacks definitive standards; for example, Section 4 deals with the county in taking over an existing local road would essentially take it over in its current condition except that "a) if gravel, it should be well graveled." This is a rather vague expression, and difficult of deter- mination. In other words, who is to make the decision that the road is well graveled and what specifications are to be followed in making such a determination? A further example of ambiguity is the lack of definition in the area of maintenance responsibility. In other words, there is a total lack of specification such as we see in the standard contract. Be reason of the foregoing, it is our opinion that the county would not be able to maintain a successful court test on any issue raised by the contract, should that occasion arise. However, in reviewing the entire file on the general principles expressed therein, we do sense that there was a spirit of cooperation evidenced between the county and'the city at the time the contract was entered into and the city resolution adopted. The question then becomes one of whether the current Council is under a Y Mayor Tom Hamilton March 27, 1981 Page Two moral obligation, rather than a legal obligation, to support the deter- mination of the earlier Council. It should be kept in mind that this is a preliminary opinion of this office rendered on very short notice, and could be modified should other facts be brought to our attention of �i-3-re�we are not now aware. JI 4 /1 44 RUSSELL LARSON Chanhassen City Attorney RHL:ner P. S. 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