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78-05 - Park One PUD pt 2CITY DF 7610 LAREDO DRIVE *P.O. BOX 1479CHANHASSEN, MINNESOTA 55317 (612) 474-8885 MEMORANDUM TO: Don Ashworth, City Manager FROM: Jerry Schlenk, Building Inspector DATE: September 24, 1979 SUBJ: The Press Ordinance 60, Section 3, Excavation Prohibited Without Permit, Section 3.01, Permit Required. No person, firm or corporation shall hereafter dig,; excavate, or enlarge any open pit or excavation, or change the grade, on any property owned or use& by him without first making application for and obtaining from''.the city council a permit therefore. Section 5. Violation and Penalty. 5.01 Prima Facie Evidence of Violation. Any digging, excavating, grading, shifting, or removal of earth of an amount in excess of 150 cu. yards without first having obtained such a permit shall be prima facie evidence of a violation of this ordinance. The following activities are hereby excepted from the provisions of this ordinance: a). Excavation and grading as required for the purpose of construction for which a building permit has been issued. b). Activities normal.and customary to an agricultural use -,of -the premises provided.no earth materials are removed therefrom. C Y � L✓.�!atev eL0 JJ O R a .. Y- : c , ....Jy♦., ..H - — — 74V: �'!'YTf:• u Q G a LARSON & MERTZ ATTORNEYS AT LAW 1900 FIRST NATIONAL BANK BUILDING RUSSELL H. LARSON MINNEAPOLIS, MINNESOTA 55402 CRAIG M. MERTZ OF COUNSEL HARVEY E. SKAAR MARK C. MCCULLOUGH September 19 ,. 19 7 9 Donald W. Ashworth Chanhassen City Manager Box 147 Chanhassen, Minnesota 55317 Re: The Press, Inc. Dear Don: I 2.1! Ity Administrator f;: terred To: r1,,yzr 00: 'Cil Pla,,,jic, TELEPHONE PL;11,4ir(�S12) 3365 Attutrtoy C G vil1 ,1 Trcascr. r Polico Park$ $irret Maint.. Utilities Press Wer~"" Datc _ 7C On September 18, 1979,.I met with Daryl Fortier on The Press site concerning the drainage problem. Mr. Fortier gave me a tour of the work taking place in the woods located immediately north of the Press building. A rather extensive private road system is being constructed. While the City has little control over such activities on private property, it appears that signi- ficant excavation activities have taken place and Mr. Fortier indicated that future filling activities are contemplated. It also appears that Mr. Fortier's client is in the process of actually constructing that segment of the frontage road which lies between the easterly Lyman Lumber Company property line and the Eden Prairie boundary. Mr. Fortier indicated that this work is being done in prepartion for a platting application and a tax increment financing application which will be submitted to the City in the near future. It is a bit unusual for a developer to construct an internal road system prior to commencement of the subdivision approval process which includes the City review of proposed street alignments. Very truly yours, CRAIG M. Assistant Chanhassen City Attorney CMM: rab SEP 1919 Cn R�cEtvEo;� V ILLAGS OF, l CHAI1HAgSEN, "�>� G� MINN• 6�19 9 RUSSELL H. LARSON CRAIG M. MERTZ OF COUNSEL HARVEY E. SKAAR MARK C. McCULLOUGH Donald W. Ashworth Chanhassen City Manager Box 147 Chanhassen, Dear Don: LARsoN & MERTZ ATTORNEYS AT LAW 1900 FIRST NATIONAL BANK BUILDING MINNEAPOLIS, MINNESOTA 55402 Minnesota 55317 September 19, 1979 Re: The Press, Inc. TELEPHONE (612) 335-956S SCP 1979 C, M RECEIVED �, { vILLAGE OF CHANHASSEN* MINN. � In November and December of 1978 the engineers provided us with legal descriptions for seven easements which.were to be acquired in connection with the Highway 5 frontage road project. The owners of the properties affected by these easements were Don Reed Properties, Inc., Building Material Wholesalers, Inc., Gabbert & Gabbert Company, Chanhassen Holding Company, Mr. and Mrs . Ken Beirsdorf and M.T.S. As of June 25, 1979, we had obtained all of these easements on a donation basis and closed our file. On June 6, 1979, on which date the Press Building was in a state of near completion, Schoell and Madsen for the first time provided me with the legal description for easement number 8 which crosses the property from west to east. Within this legal description are located both the drainage Swale which is readily observable from Highway 5 and the underground storm sewer pipe which the City constructed between the Lyman Lumber Company property and the west end of the drainage Swale. Upon receipt of the legal description for easement number 8, I advised Schoell and Madsen surveying department that the proposed legal description was in a form which was unacceptable for recording purposes, a fact which we had confirmed with the Hennepin County Surveyors Office. On August 14, 1979, Schoell and Madsen provided us with a revised description for easement number 8 reflecting the change requested by the Hennepin County Surveyor. On August 17, 1979, we tendered the necessary easement deed for revised easement number 8 to Gabbert & Gabbert Company, the record owners of the property. By that date the storm sewer pipe had long since been installed and the pattern of discharging public storm waters into the private drainage Swale had a.iready been established. On September 18, 1979, I met with Daryl Fortier, architect for the Press Building, and with representatives of Schoell and Madsen concerning the City's easement request. At the meeting, Mr. Fortier emphasised that the Don Ashworth September 19,.1979 Page Two City had no easement for located on his client's City had no easement to private drainage swale. Craig M. Mertz the underground public storm sewer pipe property. He further pointed out that the discharge public waters through his client's Mr. Fortier indicated that the necessary easement would be conveyed to the City if; a) The City, at public expense, constructed a manhole at the location of the intersection of the City storm sewer pipe and his client's storm sewer pipe, both of which currently drain into the swale; and, b) If.:the City constructed, at public expense, an under- ground storm sewer between the said manhole and the easterly property line of the Press site. The length of this pipe would be approximately 188 feet. The problem cannot be resolved merely by adding this segment of pipe to the specifications for the frontage road project, inasmuch as it is 24r. Fortier's position that construction costs should be paid out of general revenue funds rather than special assessment proceeds. Rodney Gordon will be investigating the costs of constructing the pipe requested by Mr. Fortier. Mr. Fortier did indicate that if the City would construct the necessary bed for the pipe and lay the pipe itself, his client would be willing to participate in the cost by absorbing the cost of backfill, grading and sodding operations. Even if the necessary easement is acquired, it would appear that the problem will not be solved. Storm water travels through the drainage swale in an easterly direction and is discharged onto out lot B, plat of Park 1 where it fans out into a delta pattern which, ultimately, drains into the highway 5 ditch. We are asking for no settlement authority at this time. At this point there appear to be only three options: a) Begin a condemnation, or b) Settle on the basis suggested by NIr. Fortier, or c) Attempt to convince the developer that he should not be antagonizing the City in view of anticipated devel- opment applications for the balance of the property. V y truly yours, , CRAIG M. MERTZ Assistant Chanhassen City Attorney CMM:rb cc: Rodney Gordon O MEMO TO FILE The Press, Inc. 9/18/79 On September 18, 1979, I met at the site with Rodney Gordon, Jack Gill, a nd Daryl Fortier. The City has constructed a 15" storm sewer which connects the Lyman Lumber property with the private drainage swale on the Press site. There is no easement to support the placement of this pipe, nor any easement to support discharge of public water into the private drainage swale. Mr. Fortier indicated that the developer would donate a storm water easement across the full width of the property if the City would install a manhole at the junction of the private drainage pipe running from the Press building with the City pipe and if the City would purchase the necessary pipe to continue the public storm sewer from its present outlet to the E property line of the Press site. According to Mr. Fortier, the City should construct the bed for the pipe, lay the pipe, and the developer would pay the cost of back - filling, grading, and sodding. Mr. Fortier also indicated that the frontage road is being built at a higher elevation than the plans show. This has caused water to pond on the Press building parking lot. Mr. Fortier showed me an extensive private road system on the N portion of the Press site. He indicated that the developer would be filing a platting request and a financing request, based on the argument that because the subject property was "blighted." CMM being constructed in the future, tax increment of topography, Affidavit of Publication Sate of Minnesota ) ss. County of Carver ) Stan Rolf scud __ being duly sworn, on oath says he is a -rid during all the time herein stated has been the CITY OF CHAN _'` _—Carver County Herald and has full knowledge of the facts herein stated a CARVER AND REl,4 Ep ie in newspaper format and in column and sheet form equiv; NOTICE COUNTIES, MINNESOTA newspaper is a weekly est a dis thee distributed nit at least it pe�wL PLAN PLANNED PUBLIC AMENDMENtter ane REVIEWT HEARING FOR PROPOSED on d is not made o news of local r p tpurportsentirely of tose eplate hasatleast500 DEVEL CHANH SSEN, MIFOR REPLY SYS EMSPMNCT ,theage omuniccipaalitywf at least 75% which f its total circulation currently paid or r Com,,. . IS HEREBY GIVEN that m'salon of the _ glass matter in its local the Plan - post -office. (5) Said newspaper pi meet on Wednesda Ci y of Chanhassen, Minnesota will erbandeit has its known office of issue in the City of Chr 10:30p,m, for the y' the Of 2nd dagof Au Bing officer of sthe aid gathering of news, sale of advert consider the P Purpose of holding gust, 1979 at mana newspaper, persons in its employ a 15,o90 s Pro osed planned arnendmentit construct hearing to tar business hours and at which said newspaper is printed building on the follow. during, warehouse and office with the State Historical Society. (7) Said newspaper has c Lot 1 BJock 1, park g described tract of land: ?receding the day or dates of publication mentioned below. - A pill shoving park I Addition. mesota prior to January 1, 1966 and each January 1 therea available for ins ection et [sed plan amendment is I State and signed by the managing officer of said newspa Allons P y Hall. aper is a legal newspaper. intere He further states on oath said timeandplacested may appear and be heard at BY ORDER OF THE — hereto attached as a part PLANNING COMMISSION hereof was cut from the color Bob Walbel, 8an in the English language, (Pub, in the Carver Count Manager/Planner �} 7,, once each week, forOrie.7 successl�o yHeraldonAugustg,Ig99� edn the Ot11 day of A u9 19 ` Sand was thereafter printed and published on evMy _ _ to and including the day of _ 19 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: a bcde fghij k Im no pgrstuv wxyz Subscribed and sworn to before me this J� 2_ "day of LORRAINE LANO NOTARY PUBLIC-MINNESOTA CARVER COUNTY My Commission Expires June 29, 1982 Y WMIJ.^✓WWWV\N1/'NW`JV'�`�WV'.%� �J� Y Notary public, Lam"' "" County Minnesota My Commission Expires 192 CITY OF e. CHANHASSEN 7610 LAREDO DRIVEOP,O BOX 147+CHANHASSEN, MINNESOTA 55317 (612) 474-8885 PLANNING REPORT DATE: August 30, 1979 TO: City Manager, Don Ashworth FROM: Assistant Manager/LUC, Bob Waibel SUBJ: Plan Amendment and Development Review, Reply Systems, Inc. APPLICANT: Warren Beck and Bob Lindner PLANNING CASE: P-524 As shown in the attached planning material, the request at hand is a plan amendment to the Press, Inc. building, in that the previously approved development plan for the Press, Inc. showed the second phase to consist: of approximately 32,672 square foot building to the east of the existing structure, wherein the current proposal shows a 15,000 square foot office/warehouse structure to the north of the existing structure. The proposed addition for Reply Systems will consist of office area along the west side of the proposed stucture, and printing production and storage area in the remaining area. In concurrence with the Planning Commission, I recommend that the subject request be approved,contingent upon -that no parking be posted on the frontage road on the west side of the building, and that the grading pldn be subject to final review of the city engineer. Riley- Purgatory Creek Watershed District August 27, 1979 Mr. Bob Weibal City of Chanhassen 7610 Laredo Drive Chanhassen, Minnesota 55317 Re: Reply Systems Inc. Dear Mr. Weibal: 8950 COUNTY ROAD 94 EDEN PRAIRIE, MINNESOTA 55343 The engineering advisors to the Board of Managers of the Riley - Purgatory Creek Watershed District has reviewed the plans for the above referenced project in Chanhassen. A:grading and land alteration permit will not be required from the Watershed District since the project does not meet the requirements setforth in Section E(2) of the District's Rules and Regulations. If you have any questions, please contact us at 920-0655. REO/lv c: Mr. Conrad Fiskness Mr. Frederick Richards Mr. Daryl Fortier obrt cerel }C , C.Obermeyer BARR ENGINEERING CO. Engineers for the District AUG 1979 RECEIVED VILLAGE OR CHANHASSRN, MINN. REGULAR PLAINNING C0112� DION Ai ETIidG - August 22, 1979 � Page 14 Gordon Freeburg moved to table Item No. 12. Motion seconded by Tom Droegemueller and unanimously approved. PWI AMEZ11D,NLENT, DEVE-LOPNiENT PLAN REVIEM, REPLY SYSTEMS, INC., PUBLIC HEARIIG Roman Roos called the hearing to order at 10:30 P.11I. with the following interested persons present: John Nicolay, 608 Pleasant View Road Darrell Fortier A staff report was given by the Assistant Manager/Land Use Coordinators stating. the only concerns he has are: 1. That the city engineer review the grading plan and comment on its adequacy; 2. That the city attorney's office advise the Planning Commission and staff as to how parking allocations can be controlled in lightof the archi- tectural flexibility of the existing and proposed buildings to convert greater floor space designated for storage and warehousing into production areas. He reco,-mnended that the Planning Commission approve the subject request as proposed contingent upon the satisfaction of the items mentioned above. 1,1r. Darrell Fortier made a presentation on behalf of.Reply Systems, Inc. He stated it was their intention to add another 15,000 sq. ft. to the north side of the Warren Beck building. This would be leased to Reply Systems, Inc., which is a producer of return order forms. They anticipate having 7 or 8 employees. He described how they intend to handle the truck docking and the parking in front of the building. Inasmuch as this is one building, the ,Marren Beck building, the parking for The Press and Reply Systems,'Ine. were treated as one. The parking provided is in excess of the requirements. He also explained how the drainage will be handled. �,tialter Thompson moved to close the public hearing. Motion seconded by Gordon Freeburg and unanimously approved. Craig Mertz stated that a warehouse might have less need for parking than a printing production_ area would, and the floor space usage could change over a period of time. This is zoned PUD, so there would be a development contract that would set forth the conditions on which the building were approved. lie could put something in the contract attempting to describe some formula under which additions. parking spaces would have to be added, but a simpler way. might be to provide in the development contract that the parking lot configuration would not -be changed, but upon issuance of a new development contract, then post the frontage road for no parking. That puts the burden on then when they hire employees and there is no place for the to park, they are forced into the position of coming to the city for amending their site plan to build additional parking surfaces. CITY OF CHANHASSEN 7610 LAREDO DRIVEeP.O. BOX 147eCHANHASSEN, MINNESOTA 55317 (612) 474-8885 August 17, 1979 Mr. Warren Beck Gabbert and Beck 3510 W. 70th Street Edina, MN 55435 Dear Warren: This letter is in response to your. August 15, 1979, letter of inquiry about the completion of 'the north side service road to the Press building. In a phone conversation of this day, with the city engineer, -Ray Jackson, it was indicated to me that the completion of construction on the frontage road will be on or about the end of September or middle of October. Additionally, I have talked with Jack Reichel of the District 5 office of the Minnesota Department of Transportation, and he has stated that there is no problem with the expiration of the permits before the construction of the frontage road is completed. In regards to the temporary access, you will recall that the temporary access was to be terminated after the completion of the frontage road., however, a barricade was to be constructed so that it would be inaccessible to vehicles but accessible for emergency purposes. If you have any questions or comments, please do not hesitate to contact me. Sincerely, A,4,� 0 ,.�.0 Bob Waibel Asst. Manager/Planner BW:k Gabbert & Beck 3510 WEST 70TH STREET EDINA, MINNESOTA 55435 (6121925-4321 August 15, 1979 Mr. Robert Waibel, Planner City of Chanhassen 7610 Laredo Drive Chanhassen, MN 55317 Dear Bob: As summer has passed, I have become increasingly concerned about the status of the north side service road along High- way 5, servicing the Press building. My understanding was that this contract had been let in full and that the road would be installed, possibly by last fall but certainly concurrent with the beginning of the construction season in the spring of 1979. Now in August, little - if any - work appears to have been accomplished on this roadway. Since our temporary access permit with the State of Minnesota onto Highway 5 expires at the end of the current construction period, we are very concerned that this roadway will be in condition for use for The Press. Please bring us up to date regarding the schedule for the completion of this roadway. During the planning of The Press, the City discussed whether the existing driveway being used as temporary access was to be removed in accordance with our highway permit or whether it was to remain. Also, please bring me up to date regarding the status of your plans for this driveway and how these plans will be accomplished. Sincerely, KV/V' U�_ warren Bec 7116 II�j< �'��'��41 4 AUG 1979 CC: Ray Jackson 0�) RECEIVED Schnell Madson Company co Yti,LgGE 0 t CJCCJHAJV A8S Z� ►�j� MIWN, ' C CITY OF CHANHASSEN AFFIDAVIT OF MAILING NOTICE OF HEARING STATE OF MINNESOTA ) ss. COUNTY OF CARVER ) Don Ashworth , being first duly sworn, on oath deposes and says that he is and was on August 10 _, 19 79 , 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 Proposed planned aTendment and developnent plan review for Reply systems, Inc. --- --- - --- --- — - -- -- -- - - ---- in the City to the persons named on attached Exhibit "A", 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, Minnesota, and by other appropriate records. Subscribed and sworn to before me this day of -- L -Y'- / //' Notary Public :.; KAREN J. ENGELHARDT NOTARY PUBLIC - MINNESOTA CARVER COUNTY ' .: My Commissi• •: 'ires Oct. 11, 19W A CITY OF CHANHASSSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA NOTICE OF PUBLIC HEARING FOR PROPOSED PLANNED AMENDMENT AND DEVELOPMENT PLAN REVIEW FOR REPLY SYSTEMS, INC., CHANHASSEN, MINNESOTA. NOTICE IS HEREBY GIVEN That the Planning Commission of the City of Chanhassen, Minnesota will meet on Wednesday, the 22nd day of August, 1979 at 10:30 p.m. for the purpose of holding a public hearing to consider the proposed planned amendment to construct a 15,000 sq. ft. manufacturing, warehouse and office building on the following describedtract of land: Lot 1 Block 1, Parr I Addition. A plan showing said proposed plan amendment is available for inspection at City Hall. All persons interested may appear and be heard at said time and place. BY ORDER OF THE PLANNING COMMISSION Bob Waibel, Ass't. City Manager/Planner (Publish in the Carver Co. Herald on August 8, 1979) 'wk -41 e - 4 #, io- - "0 -t5- Ab J� Lyman Lumber 300 Morse Avenue Excelsior, Mn. 55331 MTS Systems, inc. 8055 Mitchell Rd. Eden Prairie, Mn. City of Eden Prairie 8950 Eden Prairie Rd. Eden Prairie, Mn. 5534-*: Don Reed Properties 1337 Water Street Excelsior, Mn. 55331 Gabbert & Reck 3510 W. 70th St. Edina, Mn. 55424 Harry Kerber 18791 W. 78th St Eden Prairie, Mn: 5534-1 Al Kerber 18790 w. 78th St. Eden Prairie, Mn. Ray Kerber `4 18210 W. 78th St. Eden Prairie, Mn. 55342 -ji Roger Drewing The Press 655 N. Fairview St. Paul, Mn. 55104 .1 - . - - --.k . 31 I Jim Borhave BRV 7101 York Ave. S. Edina, Mn. CITY OF CHANHASSEN 7610 LAREDO DRIVEOP.O BOX 147eCHANHASSEN, MINNESOTA 55317 (612) 474-8885 PLANNING REPORT DATE: August 6, 1979 TO: Planning Commission and Staff ef"N C'� I G C, /,,-, 42-11-75 FROM: Assistant City Manager/Planner, Bob Waibel SUBJ: Plan Amendment Review, Reply Systems, Inc. APPLICANT: Bob Linder/Warren Beck PLANNING CASE: P-524 Petition Mr. Linder is proposing to construct a 15,000 sq. ft. office/ warehouse facility on the north side of the Press, Inc. facility. Comments As shown in enclosure 1, the subject property is located on Lot 1 Block 1 of Park I Addition in the Hennepin Co. portion of Chanhassen. Pursurant to Ordinance 47, the Press building, and the Park I plat, were considered under the zoning catagory of P-4 Planned Industrial District. Under the provisions of this district, the Press building had been presented as a stage development with the later phases to be constructed on the east side of the existing building. The ordinance requires that any changes to previously approved plans needs to be considered as plan amendments towit public hearings and planning commission and council consideration is necessary. In referencing the attached letter of August 3, 1979 to myself from Mr. Daryl Fortier, the previous Press building development plan will be amended as per sheet one of the Reply Systems, Inc. site plan dated dune 22, 1979 which expresses a north to south building pattern. In addition to the imminent building plans of Reply Systems, part of the plan amendment will include the site grading plan as indicated on sheet 4 of the attached development plans. The City Engineer should review and comment on the grading plan in its adequacy of function with the area drainage, streets, and public utilities. You will note on the attached site plan, that there are 5.33 parking spaces required by ordinance for the number of employees- that Reply Planning Commission & Staff -2 Systems expects to work on any shift. in consideration of the architectural flexibility of the Press: building and the one proposed, the applicant should be advised that any changes in use of any portions of the entire ultimate building, will need to be corresponded by the appropriate number of parking spaces. Although there is minimal reserve area upon which lighting and landscaping will be placed, it is apparent from the proposed lighting and landscape plan, that the themes are to be continuations of the lighting and landscaping for the existing Press facility. Although it is not required, I believe that walkway lights such as those in front of the Press building would help to enhance the continuation of the lighting scheme. Recommendation I recommend that the Planning Commission order a public hearing to be held August 22, 1979. The Planning Commission should additionally advise the applicant to post an es -crow -in the amount of $500.00 with the City Treasurer's office, to defray Staff costs in processing this application. r-, KORSUNSKY KRANK ERICKSON ARCHITECTS, INC. August 3, 1979 Mr. Bob Wiabel City Planner Chanhassen, Minnesota Re: Reply Systems, Inc. Comm. No. 79-52-1 Dear Bob: ARCHITECTS / PLANNERS INTERIOR DESIGN We are herein submitting for the Planning Commission's review, two sets of Reply Systems, Inc., and two sets of The Warren Beck building plans. The application for consideration shall be submitted by Mr. Bob Lindner, President of Reply Systems, Inc., on behalf of Mr. Warren Beck, Owner and Developer. As we discussed on July 31, it is our intent to add a 15,000 sq. ft. structure immediately north of The Press, Inc., for the firm of Reply Systems, Inc. Future plans intend to further extend this structure to house two additional firms, for a combined total of four firms. These four firms shall lease space within 'the Warren Beck building. Thus, we are presently proposing Phase II of the Warren Beck building. This building shall be constructed of the same materials and details as was The Press, Inc. Because of this, and that we shall be using the same contractor, we are proposing to issue limited construction documents which reference to The Press, Inc. We are hopeful that this present no difficulties to your building inspector. As we anticipate construction this fall, your prompt attention to expediting this project on the Planning Commission schedule would be appreciated. Sincerely, KO NSKY KRANK ERICKS ARCHITECTS, INC. Daryl P. Fortier DPF/dkj cc: Warren Beck Bob Lindner Enclosures 555 SHELARD TOWER 600 SOUTH COUNTY ROAD 18 MINNEAPOLIS, MINNESOTA 55426 (612)546-5381 KORSUNSKY KRANK ERIC!" ON ARCHITECTS, INC. 555 Shelard Tower 600 South County Road 18 MINNEAPOLIS, AAINNESOTA 55426 Phone 546-5381 TO City of Chanhassen 610 Laredo Drive GENTLEMEN: WE ARE SENDING YOU ❑ Shop drawings ❑ Copy of letter ILIETT�_� OF DATE 7-25-79 JOB NO. 79-52-1 ATTENTION Bob Wiabel RE: Reply Systems, Inc. )7 Attached ❑ Under separate cover via ❑ Prints X X Plans ❑ Change order ❑ mail ❑ Samples the following items: ❑ Specifications COPIES DATE NO. DESCRIPTION Warren Beck Building Reply Systems, Inc. r- 1 1 R VILLAGE of EN Cry v� MINN. THESE ARE TRANSMITTED as checked below: ❑ For approval ❑ Approved as submitted ❑ Resubmit copies for approval ❑ For your use ❑ Approved as noted ❑ Submit copies for distribution ❑ As requested ❑ Returned for corrections ❑ Return corrected prints X For review and comment ❑ ❑ FOR BIDS DUE 19 ❑ PRINTS RETURNED AFTER LOAN TO US REMARKS As you know, The Press Inc. has always been the first phase of a complex of buildings. It now appears we are ready to proceed with Phase Two, The Reply Systems Building. When completed, there will be four buildings, for which the total is called The Warren Beck Building. Previous plans showed expansion to the east - we intend to expand to the north as shown. I would like to meet with you to establish a time frame & submission requirements for council approval. COPY TO SIGNED: FORM 240-2 - Available from Inc., Groton, Mass.01450 if enclosures are not as noted, kindly notify us at once. Daryl P . Fortier. �eaN��r Ilrc. Page No. 1-= of 1 Pages NORTHWEST ASPHALT, INC. "The only way to pave." I 6440 FLYING CLOUD DRIVE EDEN PRAIRIE, MN 55344 PHONE (612) 941-2331 PROPOSAL SUBMITTED TO --- — --- --TPHONE _ DATE Crawford-Merz Company __ STREET Attn: Tom Merz ��.1979 2316 4th Avenue t ouch CITY, STATE AND ZIP CODE —PraccN ARCHITECT DATE OF PLANS JOB PHONE We hereby submit specifications and estimates for: Area: Figured on 410 sq. yds. Work to be done briefly as follows: I. Furnish and install necessary crushed rock base 2. Construct a 2" MHD spec. 2341 paver laid hot plant mixed bituminous surface 3. Price - $4,500.00 (Tax incl.) This work is necessary to repair broken area at dock extending to street DUE TO ERRATIC ASPHALT PRICES T IHIS OUO T A 1 OiN IS GOOD FOR W O K COMPLETED TH, iS YEAR UUV! WP propose, hereby to furnish material and labor — complete in accordance with above specifications, for the sum of: Four thousand five hundred It to be made as follows: - -- -- __ __ dollars ($ _ 4,500.00 Upon completion - net 30 days - 12% interest charged on Dast dttp All material is guaranteed to be as specified. All work to be completed in a workmanlike / manner according to standard practices. Any alteration or deviation from above specihca Authorized / ♦_ lions involving extra costs will be executed only upon written orders, and will become an Signature ��- extra charge over and above the estimate. All agreements contingent upon strikes, accidents 1..� �� c or delays beyond our control. Owner to carry fire, tornado and other necessary insurance. Note: This proposal may be Our workers are fully covered by Workmen's Compensation Insurance. withdrawn by us if not accepted within t•An }}��+} / ---- _ — days. ay ^'mptanrP of Proposal —The above prices, specifications and conditions are satisfactory and are hereby accepted. You are authorized Signature _ to do the work as specified. Payment will be made as outlined above. -- Date of Acceptance: Signature CRAWFORD—MERZ COMPANY GENERAL CONTRACTORS 2316 FOURTH AVENUE SOUTH • MINNEAPOLIS, MINNESOTA 55404 • (612) 874.9011 • ESTABLISHED 1B66 April 12, 1979 Mr. Jerry Schlenk Village of Chanhassen Chanhassen, Minnesota 55317 RE: The Press Chanhassen, Minnesota Dear Jerry: From: Building lns— pftl ff,"rri �i t19 Referred To-. 1 br Mayor Council 8URP sa AdministratoP—_'L�- _ Afilit dr : Planner �r,nrH� � um _ --� Attorneydrflti. , _ _ Engineer-- �j L Treasurer f5�sr 4--,�--- Police Parks & Red; Street Maint: r"t Utilities Press_ r - ys Other Date - During the winter months a water main in the street adjacent to the Press building at 18780 West 78th Street ruptured causing extensive damage to the blacktop parking lot. Replacement cost of the parking lot should be paid by the City of Chanhassen or its sub -contractor responsible for the ruptured water main. Please review and advise. Sincerely, �, Thomas J. `'erz TJM: j e CC: Roger Drewing Larry Koechel eb %' CO APR 7979 ce) CRAW Alftft 1� 1 M1Nl�s Iy,1 RUSSELL H. LARSON CRAIG M. MERTZ OF COUNSEL HARVEY E.SKAAR MARK C. McCULLOUGH Mr. Bob Waibel City of Chanhassen Box 147 Chanhassen, MN 55317 Dear Bob: LARSON & MERTZ ATTORNEYS AT LAW 1900 FIRST NATIONAL BANK BUILDING MINNEAPOLIS, MINNESOTA 55402 March 21, 1979 Re: The Press, Inc. TELEPHONE (612) 335-9565 On February 5, 1979, the City Council approved the plat of Park One, Gabbert and Gabbert, as a consent agenda item. The Hennepin County Recorder's Office has refused to accept a certified copy of the February 5, 1979 minutes as adequate proof of City Council approval of the plat. The Recorder's Office has informed us that they require a certified copy of a formal resolution. Enclosed you will find the necessary formal resolution. Warren Beck has informed me that his firm is under some pressure to record the plat as soon as possible, because of a certain financing commitment his company has made. If you find the resolution to be in order, please find the appropriate resolution number and obtain the signature of the Mayor and City Manager. If Mayor Hobbs is unavailable, Mr. Neveaux should be asked to sign as acting mayor. In that event, the signature line for Mr. Neveaux should be re -labelled. After you have obtained the necessary signatures on the original copy of the resolution, please certify a photocopy of the resolution using the certification form which is enclosed. I ask that you use the certification form which I have enclosed, as the County Recorder has requested a specific wording which differs from your standard certifica- tion forms. Mr. Beck will be making arrangements with you to take delivery of the certified copy of the formal resolution. CMM:mep Encl. Very truly yours, CRAIG MERTZ Assistant Chanhassen City Attorney MAR1979� RECEIVED VILLAGE OR CHANHASSeN, MINN.'r CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA RESOLUTION Date: February 5, 1979 Resolution No. 79-06A Motion by Councilman Geving Seconded by Councilman Matthews RESOLUTION APPROVING PLAT WHEREAS, the City of Chanhassen, is a municipal corporation organized under the laws of the State of Minnesota; and WHEREAS, the City Council of the City of Chanhassen has adopted sub- division regulations for the orderly, economic, and safe development of land within the City; and WHEREAS, the City Council has considered the application for a sub- division plat for PARK ONE, as submitted by Gabbert and Gabbert Company, a limited partnership; NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Chanhassen hereby approves the plat for PARK ONE, Hennepin County, Minnesota. Passed and adopted by the Council of t City of Chanhassen this 5th day of February, 1979. 1 Mayor ATTEST: 1 City Clerk' Manager YES Hobbs Matthews Neveaux Geving Absent: Pearson NO None P' !t`�NNE�Tq a° do Minnesota Department of Transportation District 5 �yT Ra 5 205SNo. Lilac Drive OF T `' Golden Valley, Minnesota 55422, February 23, 1979 (612) 545-3761 Mr. James E. Boerhave, R.L.S. Bather, Ringrose, Wolsfeld, Inc. 7101 York Avenue South Minneapolis, Minnesota 55435 In Reply Refer To: 315 S.P. 2701 T.H. 5 Plat review of Park One located in the north side of T.H. 5 and between 1037' west to the east corp. lim. of Chanhassen in part of the southwest quarter of Section 73 Township 116 north, Range 22 west in City of Chanhassen in Hennepin County Dear Mr. Boerhave: We are in receipt of the above referenced plat for our with Minnesota Statutes 505.02 and 505.03 Plats and Surveys review in accordance plat acceptable for further development with consideration We find the comments: on of the following Access to the proposed plat should be via frontage roads and local streets connecting to TH 5 at CSAH 16 on the west and a future north, south road proposed at the east city limits. Our District Land Surveyor, Mr. Keith Slater is currently in the process of platting the existing highway right of way. The surveyor of this Plat should contact him at 544-9377 for information in regard to the highway right of way. If you have any questions in regard to the above comments our District Layout, Research and Development Engineer Mr. J. S. Katz at 545-3761 extension 150. Thank you for your cooperation in please contact this matter. Sincerely, W. M. Crawford, P.E. District Engineer cc: Charles Weaver Metropolitan Council Gary -Backer. Hennepin County Surveyor's Office Bob Wybol Chanhassen Planner An Equal Opportunity Employer rTP �4 FE81979 RECOVED w VILLAGE OF j 1 CHANHASSEN,, ,MINN. Council Meeting Februa[ 5, 1979 -4- REDMAN LANE: Mr. Arthur Owens will be consulted as. to a street name to replace Redman Lane. Said street name should begin with the 'letter "P". r PRIVATE DRIVE IN CRANE'S VINEYARD PARK: Persons living along this private street I + will be consulted as to a name. r" GREENWOOD SHORES: Councilman Matthews moved to change the following street names: West 68th-Street to -Utica Lane, Greenwood Drive to -Utica Lane, Redman Circle to Utica Circle, Utica Lane north to Utica Terrace -and renumber all addresses in Greenwood Shores Subdivision to conform -with the'grid system being used by the city. Motion seconded by Councilman Geving. The following voted in favor: -Mayor Hobbs, Councilmen,Mattiiews, -Neveaux;-"and Geving.—No negative votes. Motion carried. FIVE YEAR STATE AID CONSTRUCTION PROGRAM:` RESOLUTION #79-0 : Councilman Matt ews moved the adoption of a resolution deleting new County Road.17 (Powers Blvd.) and -Lyman Blvd. from the City state aid system. Resolution seconded by Councilman Neveaux. The following voted in favor: Mayor Hobbs, Councilmen Matthews, Neveaux, and Geving. No negative votes. Motion carried. The City -Engi neer,-i ecommended - the following s treets - be -added -to the City state aid system: Old County Road-17 (Audubon) from -State -Highway 5 to Lyman Blvd., east/west street between State Highway-101 (Great Plains Blvd.) and new County Road 17 (Powers Blvd.), east/west street between new County Road 17 (Powers Blvd.) and old County Road 17 (Audubon), and east/west connection from Highway 101 (Chanhassen Road) and County -Road 17 (Powers Blvd.).; RESOLUTION #79-02:- Councilman Geving moved the adoption of a resolution approving the new state aid'system as -shown on-Exhibit-A"dated-February 59 1979. Resolution seconded by Councilman Matthews. The following voted in favor: Mayor Hobbs, Councilmen Matthews, Neveaux,'and Geving. No negative votes. Motion carried. RESOLUTION #79-03: Councilman Matthews moved -the adoption of a resolution approving the five year state aid construction program." Resolution seconded by Councilman Neveaux. The following voted in favor: Mayor Hobbs, Councilmen Matthews, Neveaux, and Geving. No negative votes. Motion carried. MINNESOTA CITIES WEEK: RESOLUTION #79-0.: Councilman Neveaux moved the adoption of a resolution proclaiming February 26 through March 2'as'Minnesota Cities Week: Resolution seconded by Councilman Geving. The following voted in favor: Mayor Hobbs, Councilmen Matthews, Neveaux, and Geving:- No negative votes". 'Motion carried. CONSENT AGENDA: Mayor Hobbsc`asked'if any -council member wished to discuss any items on the consent agenda." -Councilman Neveaux--asked that -item b. Year End Financial Closings be discussed -separately. As no additional comments were received, Councilman Geving moved to approve the following items pursuant to the City Manager's recommendations: a. Reschedule February 19, 1979 regular agenda to February 20, 1979. c. Reaffirm Sewer and Water Rates - Resolution #79-05. d. Revised Agreement - Traffic Signal Installation, Dakota and Highway 5. Resolution #79-06. e. Set Special Meeting Date— March 26, 1979. f. Subdivision Request, Gabbert and Beck, One Industrial Lot and One Outlot, 18500 West 78th Street. p,_,, , CITY OF CHANHASSEN 7610 LAREDO DRIVE *P.O. BOX 147*CHANHASSEN, MINNESOTA 55317 (612) 474-8885 PLANNING REPORT TO: City Manager, Don Ashworth FROM: Assitant Planager/Planner, Bob Waibel DATE: February 5, 1979 SUBJ: Subdivision Request, 18700 West 78th Street APPLICANT: Gabbert and Beck PLANNING CASE: P-524 Gabbert and Beck is proposing to subdivide an approximately 40 acre size parcel into lot 1 (the Press building site) and outlot A (reference exhibit A). The Planning!Cbmmission held a public hearing on the subject subdivision request at it's regular January 24, 1979, meeting and voted to recommend approval of the preliminary plat subject to staff recommendations. Since the public hearing, the Assistant City Attorney has recommended that for easement acquisition purposes, the frontage road easement be extended to the 184th Street alignment along the Eden Prairie border, and that the center line of the final east/west leg of the frontage road be moved approximately .97 feet south as per the north Highway 5 frontage road engineering studies. The Planning Commission has been notified of this recommended change and no comments so far have been received. As shown in the attached planning commission minutes, there was question as to the appropriate name for the frontage road. Staff is recommending at this point that the street on the final plat be indicated as West 78th Street. I recommend that the city council look with favor upon the final plat of Gabbert and Beck conditioned upon the incorporation of the above mentioned recommendations and that the applicant agrees to maintain a collapsible barrior at the temporary access from Highway. 5 to alleviate the situation of the inordinately long cul-de-sac situation until the frontage road is completed to 184th Street and back to Highway 5 at 184th Street. CITY JF CHANHASSEN 7610 LAREDO DRIVESP.O BOX 1479CHANHASSEN, MINNESOTA 55317 (612) 474-8885 MEMORANDUM TO: Mayor and City Council FROM: City Manager, Don Ashworth DATE: February 5, 1979 SUBJ: Subdivision Request, Gabbert and Beck, One Industrial Lot and One Outlot, 18500 West 78th Street This past Fall, Gabbert and Beck approached the city asking that the subdivision/site plan approval process be expedited to allow them to start construction in 1978. The council approved a plat concept, site plan, and specific building plans for the property. An escrow account was established to insure that the plat would be carried out in accordance with city council approval. The plat has been put in final form and meets original standards set by the city council. Approval is recommended. CITY OF CHANHASSEN 7610 LAREDO DRIVE*P.O. BOX 147*CHANHASSEN, MINNESOTA 55317 (612) 474-8885 MEMORANDUM DATE: January 29, 1979 TO: Planning Commission Members FROM: Assistant City Manager/Planner, Bob Waibel SUBJ: Gabbert and Beck Subdivision Request Since the public hearing on the Gabbert and Beck subdivision in Eastern Chanhassen, I have been advised by the Assistant City Attorney that based upon the site plan approvals of the Press, the development contract of the Press and proper easement acquisition proceedings, the road indicated on the site plan of the Press and the engineering drawings for the North Highway 5 frontage road project, be extended all the way to the Eden Prairie border. Another change would be that pursuant to the frontage road engineering plan, the road on the proposed plat would need to be shifted southward approximately .97 feet to have coincident alignments. I feel that the changes are quite straight forward and appropriate for the final plat. I am contacting you at this time to notify you of these proposed changes and would like to be able to receive any of your comments regarding these changes, and present them to the City Council at the February 5th meeting. If you have any concerns, please call me at City Hall (474-8885) on or before February 2nd, 1979. Thank you. MYOFOA* CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA NOTICE OF PUBLIC HEARING FOR SUBDIVISION FOR GABBERT AND BECK, CHANHASSEN, MINNESOTA NOTICE ffi HEREBY GIVEN That the Planning Commission of the City of Chanhassen, Minnesota, will meet on Wednesday, the 24th day of January, 1979, at 7:45 p.m. at the City Hall, 7610 Laredo Drive Chanhassen, Minnesota, for the purpose of holding a public hearing to consider the proposed subdivision for Abe following described tract of land: The West 540 feet of -the south 910 feet of -the West 1950.40 feet of the southwest quarter of Section 7, Township 116, Range 22, Hennepin County. Subject to an easement for public right of way purposes in State Highway 5, as described 1n document 3087392. Copies of said proposed subdivision are available for inspection at the City Nail. All persons interested may appear and be heard at said time and place. Dated: January 8, 1979 RV ORDEROFTHE PLANNING COMMISSION Bob Walbel, Assistant City Planner (Publish in the Carver County Herald on January 10, Im). -401davit of Publication Sate of Minnesota ) ) ss. County of Carver ) Stan Rolfsrud _ ,being duly sworn, on oath says he is and during all the time herein stated has been the publisher and printer of the newspaper known as Carver County Herald and has full knowledge of the facts herein stated as follows: (1) Said newspaper is printed in the English language in newspaper format and in column and sheet form equivalent in printed space to at least 900 square inches. (2) Said newspaper is a weekly and is distributed at least once a week. (9) Said news paper has 50% of its news columns devoted to news of local interest to the community which it purports to serve and does not wholly duplicate any other publication and is not made up entirely of patents, plate matter and advertisements. (4) Said newspaper is circulated in and near the municipality which it purports to serve, has at least 5W copies regularly delivered to paying subscribers, has an average of at least 75% of its total circulation currently paid or no more than three months in arrears and has entry as second-class matter in its local postoffics3. (5) Said newspaper purports to serve the City of Chaska in the County of Carver and it has its known office of issue in the City of Chaska in said county, established and open during its regular business hours for the gathering of news, sale of advertisements and sale of subscriptions and maintained by the managing officer of said newspaper, persons in its employ and subject to his direction and control during all such regular business hours and at which said newspaper is printed. (6) Said newspaper files a copy of each issue immediately with the State Historical Society. (7) Said newspaper has compiled with all the foregoing conditions for at least one year preceding the day or dates of publication mentioned below. (8) Said newspaper has filed with the Secretary of State of Minnesota prior to January 1, 1966 and each January 1 thereafter an affidavit in the form prescribed by the Secretary of State and signed by the managing officer of said newspaper and sworn to before a notary public stating that the newspaper is a legal newspaper. He further states on oath that the printed Public I i e a r 1 n_ _ hereto attached as a part hereof was cut from the columns of said newspaper, and was printed and published therein in the English language, once each week, for one successive weeks; that it was first so published on 1 e d - the 7 O t h day of Jan • _ 19r 9 and was thereafter printed and published on every to and including the day of 19_ 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: a bcdefgbi jklmnopgrstuvwayz Subscribed and sworn to before me this Jy of ` 19 (Notarial Seal) :�p�.. County, �1cMnhnMa" Notarypublic, X My Commission Expires 1 19 �— LORRAINE LAND a = NOTARY PUBLIC-t4INNESOTA +t CARVER COUNTY My Commission Expires June 29, 1982 X V W VJJ•'.'V wb v'v J �. • J CITY OF CHANHASSEN AFFIDAVIT OF MAILING NOTICE OF HEARING STATE OF MINNESOTA ) ss. COUNTY OF CARVER ) Don Ashworth being first duly sworn, on oath deposes and says that he is and was on January 15 19 79 , 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 proposed subdivision in the City to the persons named on attached Exhibit "A", 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, Minnesota, and by other appropriate records. Subscribed and sworn to before me this /5bl, day Notary Public -:»« • KAREN J. LWw :ELHARDT Al . NOTARY PUBUC - nnwNESOTA CARVER COUNTY My Commission Expires Oct. 11, IM, CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA NOTICE OF PUBLIC HEARING FOR SUBDIVISION FOR GABBERT AND BECK, CHANHASSEN, MINNESOTA NOTICE IS HEREBY GIVEN That the Planning Commission of the City of Chanhassen, Minnesota, will meet on Wednesday, the 24th day of January, 1979, at 7:45 p.m. at the City Hall, 7610 Laredo Drive Chanhassen, Minnesota, for the purpose of holding a public hearing to consider the proposed subdivision for the following described tract of land: The West 540 feet of the south 810 feet of the West 1950.40 feet of the southwest quarter of Section 7, Township 116, Range 22, Hennepin County. Subject to an easement for public right of way purposes in State Highway 5, as described in document 3087392. Copies of said proposed subdivision are available for inspection at the City Hall. All persons interested may appear and be heard at said time and place. Dated: January 8, 1979 BY ORDER OF THE PLANNING COMMISSION Bob Waibel, Assistant City Planner (Publish in the Carver County Herald on January 10, 1979). 1 n� vk ~ a _ p 40 •` t ' . ;; 44 ,.' � 1 s Jz i ,��7 y YAt .y .,,��• '�I a �, �?tom ,_ _ •:�'` - a` sT_- ..��`.- Yam, �i — Lyman Lumb e r 300 Morse Avenue Excelsior, Mn. 55331 MTS Systems, Inc. 8055 Mitchell Rd. Eden Prairie, Mn. 55343 City of Eden Prairie 8950 Eden Prairie Rd. Eden Prairie, Din.. 55343 i; Don Reed Properties t 337 Water Street � Excelsior, Mn. 55331 Gabbert & peck 3510 W. 70th St. ' Edina, Mn. 55424 Harry Kerber 18791 W. 78th St. Eden Prairie, Mn. 55343, Al Kerber 18790 W. 78th St. Eden Prairie, Mn. Ray -Kerber 18210"W.. 78th St. Eden Prairie, Mn.. 55343 r Roger Drewing The Press 655 N. Fairview St. Paul, Mn. 55104 _ _ -_.. ___ _E.. 1. - Jim Eorhave w 13RW 7101 York Ave. S. Edina, Mn. RU5SELL H. LAR50N CRAIG M. MERTZ OF COUNSEL HARVEY E. SKAAR MARK C. MCCULLOUGH LARsow & MERTZ ATTORNEYS AT LAW 1900 FIRST NATIONAL BANK BUILDING MINNEAPOLIS, MINNESOTA 55402 Mr. William J. Brezinsky Schoell & Madson; Inc. 50 Ninth Avenue South Hopkins, Minnesota 55343 Dear Bill, November 29, 1978 Re: The Press, Inc. The Press, Inc. development plans which by the Council provided for a service road running westerly corner of The Press, Inc. property in an to the Eden Prairie boundary. TELEPHONE (612) 335-OSSS were approved from the North- easterly direction Earlier this month we received from your office the legal descriptions for the North Highway 5 frontage road. Those legal descriptions do not include the service road described above. In their development contract for The Press, Inc., Gabbert & Gabbert Company agreed to convey such an easement to the City. That obligation would be very difficult to enforce if Gabbert & Gabbert Company were to sell off the underlying property. If the proper alignment for the service road is known, it is our recommendation that.your office prepare the necessary legal description as soon as possible so that we may make demand on Gabbert & Gabbert Company to convey this easement. Yours very truly, S/ CRAIG M. MERTZ Assistant Chanhassen Attorney CMM:jep cc: Do ald W. Ashworth NOV 1978 L1 FMCINV D C7' Vk4AA W! M<o CITY OF �••' -F4 n.. is f`.. h i� � 7610 LAREDO DRIVE®P.O. BOX 1470CHANHASSEN, MINNESO 4, 55317 (612) 474-8885 October 31, 1978 The Press Attn: Roger Drewing 1285 Park Street St. Paul, Mn. 55117 Dear Mr. Drewing: I apologize for my lateness in responding to your letter of September 8th, regarding the full color renderings of your development as well as adjoining developments. I was unable to place this as a discussion item on the September HRA agenda and we were forced to cancel the October meeting. We will be meeting on November 14th, 1978. I sincerely believe your offer to coordinate and prepare color renderings of the downtown area, the business park, and develc�- ments on East Highway 5 will be beneficial to overall development Of our community. This concept was apart of the HP.A's rationale in approving and printing of the redevelopment plan for the downtown area (copy attached). The rendeti.ngs you are proposing could be incorporated as a part of this plan, or be considered as a supplement to it. Another possibility, which I had hoped for, would be to incorporate these renderings in a final redevelopment plan which would be more specific, i.e. instead of reflecting alternative downtown redevelopment possibilities, a final plan be prepared which would show the approved redevelopment plan for the downtown area and how such would be integrated with our joining business/commerical/industrial, areas. Should you desire to discuss any letter or to provide additional presentation of this item to the please feel free to contact me. Sincerel , �4 W Don Ashworth City Manager of the possibilities noted in this information to me prior to my Housing & Redevelopment Authority, DA:njo Enc. �he press inc., B 1285 PARK STREET ST. PAUL, MINNESOTA 55117 September 8, 1978 Mr. Donald Ashworth City Administrator City of Chanhassen 7610 Laredo Drive Chanhassen, MN 55317 Dear Don: D, C)�,- J- We will be breaking ground in the next few weeks for our new building housing The Press, Inc. I have enclosed a plat that has been drawn up for us by Schoell & Madson showing the location of our new company and also the location of MTS and Lyman Lumber. Our firm is in the process of making full color renderings of this plat and we plan to print 4,000 to 5,000 in full color. We would be interested in doing this same thing in four parts. One of them would be your plans for the center of town. The second part would be for the other end of town including Dunn & Curry's Lake Susan Development. I am sending this plat to Mr. Roger Ulstad of the City of Eden Prairie and we would be willing to print a full color panel on their proposed property which adjoins Chanhassen. Don, my reason for writing you is that we would like to look over the color renderings that each of these firms have so that we could include them in our set of printed full color plats. We would be willing to donate this printing to the City of Chanhassen. Our estimated cost for this project - would be approximately $7,000 to $10,000. I am sending a copy of this letter to those people whom I think would be interested in this project (which would also be at no charge to them). Any help you could be would be appreciated. Sincerely, r Ro& Drewing /r President C/ RD:dj1 Enclosure CC: Mr. Walter Hobbs, Mayor of Chanhassen Mr. Roger Ulstad, City of Eden Prairie Mr. Herb Bloomberg, Bloomberg Comp=pie: Mr. Tom Lowe, President, Lyman Lumber Mr. Bill _Ziemer, Lyman Lumber Mr. Ed Dunn, Dunn & Curry Mr. George Butzow, President, MTS k October 6, 1978 CITY OF CHANHASSEN 7610 LAREDO DRIVEOP.O BOX 1470CHANHASSEN, MINNESOTA 55317 (612) 474-8885 I have witnessed the following signatures on the Development Contract for the Press, Inc: Mr. Roger Drewing, President, The Press Mr. Warren Beck, Gabbert and Gabbert Company Mr. Walter Hobbs, Mayor, City of Chanhassen Mr. Don Ashworth, City Manager, City of Chanhassen K ren EYngelhardt, Secretary City of Chanhassen RUSSELL H. LARSON CRAIG M. MERTZ OF COUNSEL HARVEY E. SKAAR MARK C. McCULLOUGH LARSON & MERTZ ATTORNEYS AT LAW 1900 FIRST NATIONAL BANK BUILDING MINNEAPOLIS, MINNESOTA 55402 Mr. Jerry Schlenk Chanhassen City Planner Box 147 Chanhassen, MN 55317 Dear Jerry: September 29, 1978 Re: The Press, Inc. TELEPHONE (612) 335-9565 The development contract for The Press building contained three legal descriptions, which have been delineated as Exhibits A, B, and C. Those legal descriptions were prepared on the basis of information supplied by the developer during the planning process. Since that time, the developer's surveyors have refined those legal descriptions. Attached to this letter you will find revised Exhibits A,B, and C, together with a brief contract amendment, which will incorporate the new exhibits into the development contract. This office has reviewed the revised legal descriptions and finds them to be appropriate. Please attach this letter and Revised Exhibits A,B, and C to the original copy of the development contract. All of the parties to the development contract should be asked to sign the new exhibit page where indicated thereon. V y truly yours, CRAIG M. 'MERTZ Assistant Chanhassen City Attorney CMM:mep Encl. cc: Warren Beck, c/o Gabbert & Beck, 3510 W. 70th St., Edina, MN � `�' OCT 19:8 ` RECEIVE'[, CV VILLAGS OF �. the press inc. 0 1285 PARK STREET ST. PAUL, MINNESOTA 55117 September 8, 1978 Mr. Donald Ashworth City Administrator City of Chanhassen 7610 Laredo Drive Chanhassen, MN 55317 Dear Don: SEP 1978 1, RECEIVED' VIUAGE OR c CHMMASSEN, r< MINN. G We will be breaking ground in the next few weeks for our new building housing The Press, Inc. I have enclosed a plat that has been drawn up for us by Schoell & Madson showing the location of our new company and also the location of MTS and Lyman Lumber. Our firm is in the process of making full color renderings of this plat and we plan to print 4,000 to 5,000 in full color. We would be interested in doing this same thing in four parts. One of them would be your plans for the center of town. The second part would be for the other end of town including Dunn & Curry's Lake Susan Development. I am sending this plat to Mr. Roger Ulstad of the City of Eden Prairie and we would be willing to print a full color panel on their proposed property which adjoins Chanhassen. Don, my reason for writing you is that we would like to look over the color renderings that each of these firms have so that we could include them in our set of printed full color plats. We would be willing to donate this printing to the City of Chanhassen. Our estimated cost for this project would be approximately $7,000 to $10,000. I am sending a copy of this letter to those people whom I think would be interested in this project (which would also be at no charge to them). Any help you could be would be appreciated. Sincerely, r R Rot Drewing President cc: Mr. Walter Hobbs, Mayor of Chanhassen Mr. Roger Ulstad, City of Eden Prairie RD:djl Mr. Herb Bloomberg, Bloomberg Companies Mr. Tom Lowe, President, Lyman Lumber Enclosure Mr. Bill .Ziemer, Lyman Lumber Mr. Ed Dunn, Dunn & Curry Mr. George Butzow, President, MTS LARSON & MERTZ ATTORNEYS AT LAW 1900 FIRST NATIONAL BANK BUILDING RUSSELL H. LARSON MINNEAPOLIS, MINNESOTA 55402 CRAIG M. MERTZ OF COUNSEL August 31, 1978 HARVEY E. SKAAR MARK C. McCULLOUGH Mr. Jerry Schlenk Chanhassen City Planner Box 147 Chanhassen, MN 55317 Re: The Press, Inc. Dear Jerry: TELEPHONE (612) 335-9565 Enclosed you will find the amendment to The Press, Inc. development contract which was requested by Mr. Beck. This amendment should be attached to the original copy of the contract. The parties must execute both the original copy of the contract and the amendment:to the contract. Please take care that you have filled in all of the blanks on the two documents, including the blanks on the amendment document. Before the documents are presented to the parties for signature, please ask Karen to correct the typographical error which occurs in the 14th line of 1[20. That line should refer to the office of the "Hennepin County Recorder". CMM : mep Encl. Very truly yours, CRAIG M. MERTZ Assistant Chanhassen Casty Attorney 3p�1� 3�s SEP1978 �1 RECEIVED n V�LL�4GE OF �' �'1ANIsIASSE'N� ,,v Aff -r attached is signed ar conditions of such met, a building permit will be issued unless council members LARSON & D'IBIRTZ request changes. ATTORNEYS AT LAW 1900 FIRST NATIONAL BANK BUILDING RUSSELL H. LARSON MINNEAPOLIS, MINNESOTA 55402 CRA1G M. MERTZ August 29, 1978 OF COUNSEL HARVEY F.SKAAR MARK C. McCULLOUGN Jerry Schlenk Chanhassen City Planner Box 147 Chanhassen, MN 55317 Re: The Press, Inc. Dear Jerry: DWA Enclosed you will find the original and two copies of the development contract for The Press, Inc. The preliminary development plan was approved by the Council on June 19, 1978. CMM: mep Encl. TELEPHON2 (6t2) 335-9565 Very truly yours, 7 CRAIGMERTZ Assistant Chanhassen City Attorney CITY OF 3 CHANHASSEN 7610 LAREDO DRIVEOP.O. BOX 1470CHANHASSEN, MINNESOTA 55317 (612) 474-8885 7"A e G p ,-r---f re- ca; ue y i w MEMORANDUM 7qlc 7', a;� DATE: May 31, 1978 114AC-0 TO: City Manager, Don Ashworth A FROM: Assistant City Planner, Bob Waibel refs�Q c fe-C.S ..Jts .S'a.+. t SUBJ: Preliminary Development Plan Review for the Press, Inc. APPLICANT: Roger Drewing PLANNING CASE: P-524 pAt; +-; r%n As shown in the attached enclosures, the applicant is proposing to develop the subject 9 acres as a printing facility (manufacturing, warehousing and office). Background 1. Community Location: As shown in the attached, the subject property located on the north side of Highway 5 on the eastern most portion of the City. 2. Existing Zoning: The subject property is presently zoned P-4, planned industrial development. 3. Comprehensive Plan Proposal: a). Land Use: Pursuant to the adopted City Plan, the subject property is to assume an industrial identity. b�. Transportation: Pursuant to the adopted MnDOT, Hennepin County Transportation and Chanhassen's Transportation Plan, S'TtH 5, which forms the subject property's southern border, is proposed to continue to function as a minor arterial. Local access to the subject property is proposed to be provided by a detached frontage road from Dakota Ave. to 184th Street alignment. Said frontage road has been proposed so as to provide adequate stacking to STH 5 at 184th Street. c). Utilities: Lateral sewer and water is presently unavailable, however, adequate trunk capacity is located to the west of the subject property. The petitioner, along with property owners to the west should -1 Mz5 Don Ashworth -2- May 31, 1978 jointly petition the City .for public improvements in the form of a frontage road, municipal water, sanitary sewer and storm drain. Planner's Comments 1. As shown in the site plans for the proposed development, access to the site is assumed to be accomplished through the location of the detached frontage road located approximately 25 feet north of the Trunk Highway 5 right-of-way. The applicant should be aware that as of yet the alignment of a detached frontage road has not been established. A shifting of the alignment of the frontage road to the north could potentially affect the status of a possible service road (i.e. public versus private) along the western boundary of the subject property. 2. Development of the subject property will require the installation of sanitary sewer, municipal water, storm sewer, public and private roads and concrete curb and gutters for all parking and manuvering areas, designed to the city engineer's specifications. 3. If the applicant is to proceed with final development plans, he should be advised of the city's sign ordinance and general regulations of Section 19 of Zoning Ordinance 47. 4. The Planning Commission has reviewed the plans for The Press, Inc. as prescribed by ordinance and has duly held a public hearing on May 10, 1978. The Planning Commission voted to recommend the City Council approve the preliminary development plan as submitted. Planner's Recommendation I recommend that -the city council look with favor upon the plans of The Press, Inc., by approving the preliminary development plan and encouraging the applicant to proceed with final development plans. Manager's Comments Although the applicants have petitioned for sewer, water and frontage road improvements and the feasibility study has been completed, such improvements have not been ordered. Without these improvements, this development would be premature. Additionally, approval without conditions could effect the city council's determination as the necessity of making the public improvements. Several property owners will be affected by the proposed frontage road alignment and it may very well be that the council determines that: 1) the ability to acquire easements is too great of a hardship, costly, or legally impossible; 2) that the cost of construction is not warranted; 3) that the improvements would be premature in the sense that present frontage road alignments simply provide access to the proposed strucutre, but such being premature for other development; or 4) that the improvements would force developments and severely limit the council's ability to control or deny other developments proposed to be assessed by the frontage road and utility improvements. Mr. Don Ashworth -3- May. 31r 1578 This office is concerned that one or all of the above may be found by the council and that approval of the preliminary development plan could be interpreted as approval of public improvements placing both the applicant and the City in a difficult position. A factor in the above frontage road improvements will be the decision made on the Lyman Lumber Development Plan. Should the development plan be found consistent, the importance of improvements is increased. By contrast, denial of the development plan may be difficult if the city places large assessments and provides improvements to the property. It is the recommendation of this office that a decision concerning approval of the preliminary development plan be tabled until after a decision is made regarding public improvements. Further, it is the understanding of this office that the applicants are sincerely concerned with time and, if at all possible, desire to move ahead on their development plan. Should the city council, in discussing this item with The Press, determine to allow approval of the preliminary development plan, such should be on the condition that this decision in no way impairs the city. council's ability to approve or deny frontage road improvements. Additionally, that, should the city council determine to deny the public improvement petition, that the applicants would be unable to build as proposed - all without any repercussion to the city. After receiving public comments at the public improvement hearing, other options to the applicant and city may be feasibile, i.e. allowance of temporary access to Highway 5 with installation of sewer and water via an easement or within the State Highway right-of-way. Such option perhaps having the advantages of determining development plans for the other 750 of the property owned by Gabbert and Beck (The Press) and to allow for further consideration of alignment and the necessity for such through other adjacent properties. Planning Commissio. ��eeting May 10, 1978 ~� -5- fl— - Hud Hollenback moved to close the public hearing. Motion seconded by Walter Thompson and unanimously approved. Hearing closed at 10:02 p.m. SUBDIVISION - JOHN SCHEVENIUS: Mr. Schevenius was advised, that the square tootage of all t e ots should be shown and that he comply with Section 7.02 of the Subdivision Ordinance. Dick Matthews moved to recommend the Council approve the subdivision request for John Schevenius contingent upon Section 7.02 of the Subdivisi.c Ordinance and the square footage be shown. Motion seconded by Les Bridger and unanimously approved. 000 PUBLIC HEARING PRELIMINARY DEVELOPMENT PLAN PRESS, INC. The Chairman called the hearing to order at 10:07 p.m. with the following interested persons present:.. Roger and Catherine. Drewing,- 1285. Park St., St. Paul Bernard Schneider, 680 West 78th Street Charles Schneider, 680 West 78th Street Doug Hansen, 17001 Stodola Road, Minnetonka Al Klingelhutz, 8601 Great Plains Blvd. Jerry Korsunsky Bill Brezinsky Russell Larson The Assistant City Planner read the official notice as published in the Carver County Herald. The purpose of this hearing is to consider preliininary development plans for the construction of a 55,760 square foot printing facility to be located on the north side of Highway 5 in Hennepin County. The Council has directed the City Engineer to conduct a frontage road and utilities feasibility study for an area north of Highway 5 including this property. This,study will be completed by June 5th. The property is zoned*P-4. Al Klingelhutz - As President of the Chamber of Commerce I think the plan looks very acceptable to the city and I would recommend that the Planning Commission recommend approval to the Council. Bernard Schneider -.I think that this is the type of development that we certainly are looking forward to. There is -apparently no outside storage. It's going to be a clean building, very pleasant to look at and we need a lot more like it. Dick Matthews moved to close the hearing. Motion seconded by Walter Thompson and unanimously approved. Hearing closed at 10:21 p.m. PRELIMINARY DEVELOPMENT PLAN- PRESS, INC: Les Bridger moved to recommend the Uo_u__n_c_1iI approve t e preliminary development plan as submitted by Press, Inc. and encourage the applicant to proceed with. final development plans. Motion seconded by Dick Matthews and unanimously approved. Affidavit of Publication Sate of Minnesota ss. County c{ Carver ) CITY '— CAR VERAND HENiVBEpN W3 PRELn►i OFUIN N pUBMI NE80T THE P INAR y DE VE 'a TA RIN being duly sworn, on oath says he is and during all the time it NOTIC RE88 INC CH LOPMENT pj G ON w known as Carver County Herald and has full knowledge of CotumissionIs HEREBY Of the City OfGIVA88EN M LAN FOR ;d in the English language in newspaper format squa and is distn Minne t th eC tY HeII t he loth d Y of 1per is a weekly ,anhass1fs EN tMoB°ta nwillg news rcolmmns devoted to newsoflocal interest to the 9 mr de up consider pieh rn,�erurp se of holding erive, Ch sat 10:0� is circumte lated in other erns ne�ae the municipaliand is not ty which entirely hrporttfs follow n of a 55,780 squarelOPznent pi a for blic ear,,,g to subscribers, has an average of at least 7596 of its folio g foot total circul west SIU described printing facility a con- and has entry as second-class matter in its local The tract _ office of i Min s fPet 118theRen thetract`tQuarteret of the wester a open during its oregular business hours for the post -office TownSouthalo gathering Of-wae$ppU�Subjectto ee 22, Hennepin Sect1Ou 7. and maintained by the managing officer of said Poses in an easement for COunty, papf deacr bed in D State Highwa Public right_ rol during all such regular business hours and at news Co ies ocument which sa available °f said prelirninNO. 3087392. y N0• 5, as each issue immediately with the State Historical Society. All for inspection ary development ons for at least one year preceding the day or dates of publii said hmeaand interested may city hall. Plans are Secretary of State of Minnesota prior to January 1, 1966 am Dated: April 2! lace. appear and be heard ibed by the Secretary of State and signed by the By ORDj;R () at tic stating that the newspaper is a legal. newspaper. n,anagl (Publish in CarveOFT ffEPLANNING COMMISBION Hearing Heturu,�. CountY Herald on APrll 26,Jaaner hereto attached as a part hereof was cut from the columns of said newspaper, and was printed and published therein in the English language, once each week, for on e �r77 successive weeks; that it was first so published onW_' L _ the �1 day of April 191_L8and was thereafter printed and published on every to and including the day of 19_ 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: abedefghijkhnnopgrstuvwxyz Subscribed and sworn to before me this day of (Notarial Seal) LORRAINE LANO I NOTARY PUBLIC — MINNESOTA `+ CARVER COUNT;; My Commission Expires June 29, 1982 00 Notary public, C"" _ County Minnes to My Commission t � 19 � CITY OF CHANHASSEN 7610 LAREDO DRIVEOP.O. BOX 1479CHANHASSEN, MINNESOTA 55317 (612) 474-8885 MEMORANDUM DATE: May 4, 1978 TO: Planning Commission, Staff and Roger Drewing, 1285 Park Street, St. Paul, MN 55117 FROM: Assistant City Planner, Bob Waibel SUBJ: Planned Unit Development Public Hearing for the Press Building APPLICANT: Roger Drewing PLANNING CASE: P-524 Attached hereto for your consideration and review are the following enclosures to be included with your copy of Exhibit 1, The Press: Enclosures: 9. Planning Commission minutes dated April 12, 1978. 10. Planner's Report dated May 4, 1978. -anning Commissir- Meetixig . April-12, - 1978 =10- order a'public hearing cond�ti.oned that all.assessments.'on Lot 17 be remitted before- subdivi-si on approval would be -granted. - -� +�M Mal MacAlpine -moved to, hold a- public hearing on May 1-0, 1978, at 9:30 p.m. to consider the -subdivision request: - Motion seconded - by Dick 11attheias and unanimously approved. Mr. Schevenius was'.informed that an escrow. deposit wouI4_have to be made to the city prior to the public hearing. SITE PLAN - -THE PRESS, INC.:Warren.: Beck; -Roger--Drewing. and Jerry orsunsy were present requesting approval -to erect a- 55,760 square foot building on the north side of Highway 5.in Hennepin County. The land is zoned P-4. The land is not presently served with sewer and water. -Access to the property should be .-_via:a_ detached -frontage road along Highway -5. . This printing company will employ 'approximately 65 people. The use --as _proposed is -permitted.- in- the- P-4- use district. Staff recommended the Planning Commission look with favoronthe proposal: -and order a: -..public- hearing to 'test neighborhood sentiment. The frontage road was not included in the BRW study. :The.study- should be.expanded to -.include -this -area.; - Mal MacAlpine moved to::hold a public hearing on -May 10.; 19.78, at 10:00 p.m.--to,cons ider.a preliminary, development plan.:for The Press, Inc. Motion seconded by Dick Matthews and unanimously approved. SUBDIVISION REQUEST CLIFF. JACOBSON "---CARVER- BEACH: Mr. Jacobson is reque-sting approval to subdivide Lots.l through 10648 into four. lots. The property- is bounded -by -Nez. Perce on the wes t ,_ Ivy Road on the north and Hawthorne Road to the south.. Four lateral and trunk water and sewer units have been assessed. This proposed subdivision "requires'variances to the -lot are, requirements -and the corner lot frontage requirements Thee applicarnt -Sias encouraged . to procee o,'prelicriinary plat CONDITIONAL'USE`�PERMIT NATURA -David Luse -was present to request"a conditionaI use pernfIlWor his -landscape contracting business located on seven acres of and on the north side of Highway 5 just west of -its intersection with Audubon Road.:_.Members discussed amending the Zoning Ordina.nce.to.:alloiw these kinds of..use's (wholesale landscape contractors &:,th growing fields) in.an-R-lA:use_district as conditional uses. Mal Ma6Alpine mov hold a public hearing on May 10 1978, at 10:30 p.m' to coh er amending the Zoning Ordinance and'a public hearing at 10:45 p.m. to consider a conditional use permit for Natural Gre n. Motion seconded by Walter Thompson and unanimously approved. SUBDIVISIQy REQUEST, LOT` G BARD14ELL -ACRES --ROBERT SOMMER: --Mr. omme�Fwas present. reque.sti.ng approval to,ivie off 1�, -T30 square foot, -lot from the remainder-. of Lot , C. --The-property is located on Chaska Road.approximately 400 feet north -of the intersection of Chaska'Road and Melody Hill Road. Sanitary sewer is available. -The Planner commented'on the..proposed subdivision. 1._ Adetermination..by. city. staff must be made concerning the 1 Y � CITY OF CHANHASSEN 7610 LAREDO DRIVEeP 0 BOX 147•CHANHASSEN, MINNESOTA 55317 (612) 474-8885 PLANNING REPORT DATE: May 4, 1978 TO: Planning Commission, Staff and Roger Drewing, 1285 Park Street, St. Paul 55117 FROM: Assistant City Planner, Bob Waibel SUBJ: Planned Unit Development, Public Hearing for The Press Building APPLICANT: Roger Drewing PLANNING CASE: P-524 PPf i i-i nn As shown in enclosures 1 and 9, a public hearing is being held to consider neighborhood sentiment to the preliminary development plans of the Press, Inc.., Chanhassen, Minnesota. Planner's Comments 1. On April 17, 1978, the City Council directed the City Engineer to conduct a frontage road and utilities feasibility study for an area North of MTH 5 including the subject property. This study is expected to be completed by June 5, 1978. Planner's Recommendation I recommend that the Planning Commission look with favor upon the plans submitted to date and recommend that the city council approve said plans and encourage the applicant to proceed with preparation of final development plans. The final development plans should include any decisions and or recommendations brought about through input received at the public hearing and also be concurrant with the results furnished in the previously mentioned engineer's feasibility study. CITY OF CHANHASSEN AFFIDAVIT OF MAILING NOTICE OF HEARING STATE OF MINNESOTA ) ss. COUNTY OF CARVER } Don Ashworth being first duly sworn, on oath deposes and says that he is and was on April 25 19 78 , 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 preliminar-:- development_ plan for The__ Press__Inc. ,_ _Chanhassen._ MN in the City to the persons named on attached Exhibit "A", 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. Minnesota, and: by other appropriate records. Subscribed and sworn to before me this _ `-� '� day of �le, , f� .j - l NotaW Public Don Ashworth City Manager CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA NOTICE OF PUBLIC HEARING ON PRELIMINARY DEVELOPMENT PLAN FOR THE PRESS INC., CHANHASSEN, MINNESOTA NOTICE IS HEREBY GIVEN That the Planning Commission of the City of Chanhassen, Minnesota will meet on Wednesday, the loth day of May, 1978 at 10:00 p.m. at the City Hall, 7610 Laredo Drive, Chanhassen, Minnesota, for the purpose of holding a public hearing to consider pre- liminary development plans for the construction of a 55,760 square foot printing facility on the following described tract of land: "The west 540 feet of the south 810 feet of the west 1950.40 feet of the Southwest Quarter of Section 7, Township 116, Range 22, Hennepin County, Minnesota. Subject to an easement for public right- of-way purposes in State Highway No. 5, as described in Document No. 3087392." Copies of said preliminary development plans are available for inspection at the city hall. All persons interested may appear and be heard at said time and place. Dated: April 24, 1978 BY ORDER OF THE PLANNING COMMISSION Bruce Pankonin, City Planner Publish in Carver County Herald on April 26, 1978. Q CITY b-F CHANHASSEN 7610 LAREDO DRIVEOP.O. BOX 1470CHANHASSEN, MINNESOTA 55317 (612) 474-8885 MEMORANDUM DATE: April 6, 1978 TO: Planning Commission, Staff and Roger Drewing, 1285 Park St. St. Paul, MN FROM: Bruce Pankonin, City Planner SUBJ: Planned Unit Development Approval for The Press Building APPLICANT: Roger Dream ng PLANNING CASt— P-524 Attached hereto, for your consideration.and review, are the following documents submitted in support of the above described planned unit development:: Enclosures 1. Application for Consideration of Planning Request. 2. Community Location Graphic. 3. Site Plan. 4. Drainage Plan. 5. Landscape Plan. 6. Floor Plan. 7. Elevation Drawings. 8. City Planner's Report dated April 6, 1978. -35- The. west 540 feet 'of the south 810 feet of the west 1950.40 fPai- of thA Southwest Quarter of Section 7,. Townshi:p, 116, Range 22.' Henne.rdn count T_ ..,...Minnesota. 'Subject .to ah easement for public ' kignt--of�wav purpnses ; n .State: Highway No. 5, as describ ed in Doc,_umant--Mr)_'Ang739' Present zoning -of property: P-4 Present use of property: Agricultural Proposed use of property: Commercial Printing Faci-I;f-W The-followinct.documentsshall be'attached to this application. a , Date Received I. Sketch Plan• 2. Preliminary Development Plan 3. 2scrow Account Initial i�� CHRONOLOGY DATE BY Sketch Plan on Planning Commission Agenda G s- 7,2 Plannin Commission Postponed to Preliminary Development Plan on Planning Commission Agenda - - Planning Commission Postponed to Newspaper Publication Adjacent Property Owners Notified - Public Hearing v 7� --P—lanning Commission Action Preliminary Development Plan on Council Agenda Council Postponed to Council Action Preliminary Development Plan Contract Final Development Plan or Plannin Commission Agenda -151-anninq Commission Postponed to .Final Development Plan on Council Agenda Council Postponed to Final Development Plan Contract Executed Escrow Returned - Amount:'' -31- i PLANNING COMMISSION RECOMMENDATION (Preliminary Development Plan).. _ On this day. of 19 , thin PRD/PCD was recommended for (approval), sapproval) subject to the following conditions: 1 -yJ- PLANNING COMMISSION RECOMMENDATION -�.Einal Development Plan _ On this day of 19 , this Final Development Plan was recommen a or approval),' disapproval) subject to the following conditions: By order. of-the.Chanhassen City Council CITY OF CHANHASSEN 7610 LAREDO DRIVE*P 0 BOX 1479CHANHASSEN, MINNESOTA 55317 (612) 474-8885 PLANNING REPORT DATE: April 6, 1978 TO: Planning Commission, Staff and Roger Drewing FROM: Bruce Pankonin, City Planner SUBJ: Planned Unit Development Approval for The Press PLANNING CASE: P-524 Petition As shown in the attached enclosures, the applicant, Roger Drewing, is proposing to develop the subject 9 acres as'a printing facility (manufacturing, warehousing and office). Background 1. Community Location: As shown in the attached, the subject property is a 9 acre parcel of land located on the north side of Highway 5 in the Hennepin County portion of Chanhassen. 2. Zoning: As shown in Ordinance 47, the subject property is zoned P-4, Planned Industrial Development. 3. Comprehensive Plan Proposal: a. Land Use: Pursuant to the adopted -City Plan, the subject property and environs are to assume an industrial economy and environment. b. Transportation: Pursuant to the adopted MnDOT,Hennepin County Transportation and Chanhassen's Transportation Plan, STH 5, which forms the subject property's southern border, is proposed to continue to function as a minor arterial. Local access to the subject property is to be via a detached frontage road commencing at Dakota to the west and terminating at the Chanhassen -Eden Prairie border. Said frontage road is proposed to be designed so as to provide adequate stacking at future STH 101 (Chanhassen -Eden Prairie border). C. Utilities: Although lateral sewer and water is presently unavailable, adequate trunk capacity is located to the east of the subject property. The petitioner, along with properties to the west should jointly petition the city for public improvements in the form of a frontage road, water lines, sanitary sewer and storm drain. Planning Commission -2- ,April 6,,. 1-978 4. Physiographic Characteristics of the Subject Property: a. As shown in the site plan, the subject property is generally rolling clay loam soil on 2 - 12% slope. try b. 4.4 Vegetation: Scattered matureAoaks are evident in the northwest corner of the subject property. The remaining portion of the site is cultivated agricultural land. Planner's Comments 1. The uses as proposed are permitted within the P-4, Planned Industrial Development District. 2. The frontage road, as proposed, conforms to the spirit and intent of the city's plan for transportation. If said frontage road is not proposed to continue at the present time to the Eden Prairie border, I recommend a temporary turn around be installed at the road's eastern terminous. 3. Development of the subject property will require the installation of sanitary sewer, water, storm sewer and public roads. 4. The parking ratios as proposed in sheet #2, exceed the minimum requirements of the Chanhassen zoning ordinance. 5. Lighting Plan: Although light poles are proposed at various locations on the site plan, the applicant will have to come in with a detailed lighting plan for planning commission consideration and approval. 6. Concrete curbs and gutter, designed to the city engineer's specifica- tions, will have to be installed in all parking and maneuvering areas. 7. The height, lot coverage, setbacks of the proposed use and parking areas conform with city ordinance requirements. 8. The city engineer should determine the affects of localized drainage generated from the subject property. 9. In reference to sheet #4, it appears the landscape plan (berms and plant materials) conforms to sound planning practices. 10. Signage details are not included in the attached. The applicant should be advised of the city's sign ordinance. 11. As shown in sheet #6, the building will be tilt -up textured architectural concrete. It has not been determined at this time if any roof top mechanical devices will be proposed. If they are, the applicant will have to be aware of the city's screening requirements. 12. Further consideration of the applicant's request, will require the holding of a public hearing to test neighborhood sentiment on the issue. Planner's Recommendation I recommend the Planning Commission look with favor on the applicant's request, and order a public hearing to be held on Wednesday, May 10, 1978. CITY OF CHANHASSEN THE PRESS, INC. / GABBERT AND GABBERT COMPANY DEVELOPMENT CONTRACT WHEREAS, application has been made by Gabbert and Gabbert Company, a limited partnership, as the owner of a tract of land more particularly described on Exhibit A attached hereto and made a part hereof; and by The Press, Inc., a Minnesota corporation, as the proposed occupant, lessee, and operating company, for the construction of a 55,760 square foot printing facility to be constructed upon a tract of land more particularly described on Exhibit B attached hereto and made a part hereof, which land forms a part of the lands described in said Exhibit A; and WHEREAS, said corporation and said limited partnership, hereinafter referred to collectively as the Developers, propose to commence development with the construction of a 23,088 square foot building upon a tract of land more particularly described on Exhibit C attached hereto and made a part hereof, which land forms a part of the lands described in Exhibit A hereto; and WHEREAS, the property described in Exhibit A hereto is presently zoned P-4; and WHEREAS, the Developers have made application under the City Zoning Ordinance to the City Council for the approval of a P-4 Planned Industrial Development Plan; and WHEREAS, a public hearing was held by the Chanhassen Planning Commission on May 10, 1978, to consider public comment on the preliminary development plan of the applicants; and WHEREAS, the City Council has, by its resolution passed June 19, 1978, approved said plan, subject to and on condition that the Developers 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 uses in the surrounding area; and -1- WHEREAS, the Chanhassen City Council has determined that any exceptions contained hereinafter to the zoning ordinances and subdivision ordinances of the City of Chanhassen are justified by the design of the development; and WHEREAS, the Chanhassen City Council has determined that the development described herein will not create an excessive burden on parks, schools, streets and other public facilities and utilities which are proposed to serve the development; and WHEREAS, the Chanhassen City Council has determined that the development described herein will not have an adverse impact on the reasonable enjoyment of neighboring property; NOW, THEREFORE, in consideration of the foregoing premises and acceptance by the City of the preliminary development plan, the City and the Developers agree as follows: 1. Improvements by Developers. Developers agree at their 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 site plan and landscape plan described in paragraph 2 below: a. Parking lot and access driveway grading, stabilizing, and bituminous surfacing, b. concrete curbs and gutters abutting all parking lot areas and access driveways, C. storm and surface water drainage, d. boulevard sodding or seeding, e. grounds lighting. 2. Scope of Development Governed by Exhibits. The exterior dimensions, architectural design, decorating scheme., grading plan, and placement of structures shall be in conformance with the Developers' Location Map, Site Plan, Drainage Plan, Landscape Plan, Ground Floor Plan and Exterior Elevation Drawings, all of which are dated March 30, 1978, and all of which were prepared by Korsunsky- Krank Architects, Inc., Minneapolis, Minnesota, and copies of which are on file in the office of the City Zoning Administrator. 3. Construction In Phases. The Developers may commence construction of Building A, as depicted on said Site Plan, immediately upon due execution of the within development contract and issuance of the requisite building permits. Provided, however, that no building permit shall be issued and no construction shall be commenced in the case of Building B as depicted on said Site Plan until the legal description for the land underlying said Building B shall be approved in writing by the Chanhassen City Attorney. -2- I_` 4. Temporary Access to Highway #5. No building permit shall be issued and no construction shall be commenced in the case of either said Building A or said Building B until the Developers 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 Developers agree 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 Developers further agree that they shall commence work hereunder on or before September 6, 1978 1978, and shall have all work done and improvements fully completed to the satisfaction and approval of the City on or before June 1 , 1979 The Developers 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 Developers of the existence of causes over which the Developers have 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 Developers shall perform no grading of the subject property until the Developers' 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 con- tours, 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 Developers agree 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. 8. Landscape Plan. The Developers agree 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 loca- tions 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. -3- 9. Reimbursement of Costs. The Developers 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 Developers. 10. Performance Bond. For the purpose of assuring to the City that the improvements to be by the Developers constructed, installed and furnished as set forth in Paragraph 1 hereof shall be constructed, installed and furnished according to the terms of this agreement, and that the Developers shall pay all claims for work done and materials and supplies furnished for the performance of this agreement, Developers agree to furnish to the City a cash deposit in the amount of $ 20,000.00 or in lieu thereof, a corporate surety bond in said amount approved by the City and naming the City as obligee thereunder, being conditioned upon the performance by the Developers of their obligations hereunder, said sum being equal to 110% of the total cost of such improvements as estimated by Schoell & Madson, Inc., the City Engineers. 11. Public Welfare. The establishment, maintenance and operation 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. 14. Public Address Systems. 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 applicants. 15. Other Regulations. The Developers shall comply with all City Ordinances, state laws, and regulations of state agencies and departments. 16. Proof of Title. Upon request, the Developers shall furnish the City with evidence satisfactory to the City that they have acquired fee title to the subject property. 17. Erosion Control. The Developers, at their expense,: shall provide 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. Developers shall -4- 1 keep all streets free of all dirt and debris resulting from construc- tion by the Developers or their agents upon the lands described in Exhibit A hereto. 18. Construction Completion Dates. a. The Developers agree that the blacktop parking areas, access driveways, and curbs and gutters depicted on the Site Plan described above shall be completed to the satisfaction and approval of the City, on or before June 1, 1979 , or such later date as may be specified in writing by the City Zoning Administrator. b. The Developers agree to implement and complete execution of their aforementioned grading and lighting plans, to the satisfaction and approval of the City, on or before June 1, 1979 , or such later date as may be specified in writing by the City Zoning Administrator. C. The Developers agree to implement and complete execution of their aforementioned landscape plan to the satisfaction and approval of the City, on or before June 1, 1979 or such later date as may be specified in writing by the City Zoning Administrator. d. The Developers agree to complete construction of Building A depicted on the Site Plan described above no later than Tune 1, 1979 or such later date as may be specified in writing by the City Zoning Administrator. 19. Special Assessments and Taxes. No permit for grading or building shall be issued until the Developers have paid in full all outstanding special assessments which have been levied on the subject property heretofore and all unpaid real estate taxes payable there- with. 20. Formal Plat Required. Developers agree to commence pro- ceedings forthwith under Chanhassen Ordinance 33, as amended, to subdivide and plat the subject property into tracts being known as Lot 1, Block 1, and Outlot A, respectively. Said Lot 1, Block 1, shall encompass the lands more particularly described on Exhibit C attached hereto and made a part hereof, and said Outlot A shall encompass all of the lands more particularly described on Exhibit A attached hereto and made a part hereof, except those lands described on said Exhibit C. Developers agree to proceed in good faith and with due diligence with said subdivision and platting. No credit balance contained within the Developers' escrow account maintained under 519.18 of Chanhassen Ordinance 47A shall be released to the Developers until such time as said subdivision and plat have been duly filed in the office of the Hennepin County Recorder. The parties hereto acknowledge that the construction of Building A described above may be commenced prior to the commencement of any such platting and subdivision proceedings. -5- 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 responsible in any manner to the Developers, the Developers' 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 agree- ment or the performance and completion of any work and improvements hereunder; and that the Developers 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 there- from and the costs, disbursements and expenses of defending the same. 22. Written Work Orders. .The Developers 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 Developers without such written order first being given shall be at its own risk, cost and expense, and Developers hereby agree that without such written order, Developers will make no claim for compensation for work or materials so done or furnished. 23. Boulevards and Driveways. The Developers agree to furnish, construct and install, at Developers' sole expense, the following improvements for the benefit of the plat: 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. For the purpose of assuring to the City that the improvements required by this Paragraph 23 shall be constructed and installed according to the requirements of this agreement, Developers or their assigns agree to deposit the sum of $ 300.00 with the City at the time application is made for a building permit for each lot or outlot. Said deposit shall be returned to the Developers or their assigns upon approval of the installation by the City. 24. Liability Insurance. The Developers 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 Developers' 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 Developers 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 developers or their assigns prior to issuance of building permits, subject to the following standards and conditions: W 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 Developers, the City shall have the right, at the expense of the Developers, to engage the services of the City Engineer, Planner, a landscape architect, a soil conservation Planner, a soil conserva- tion 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 lot or outlot in said plat shall be approved by the City Attorney. 26. Remedies Upon Default. a. In the event the Developers shall default in the performance of any of the covenants and agreements herein contained, and such default shall not have cured within ten (10) days after receipt by the Developers of written notice thereof, the City, if it so elects, may cause any of the required improvements to be constructed and installed, 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 assessment under Minnesota Statutes Chap. 429, in which case the Developers agree to pay the entire amount of the assessment roll pertaining to any such improvement within thirty (30) days after its adoption. Developers further agree that in the event of their failure to pay in full any such special assessment within the time prescribed herein, the City shall have a specific lien on all of Developers' real property described on Exhibit A for any amount so unpaid, and the City shall have the right to foreclose said lien in the manner prescribed for the foreclosure of .mechanic's liens under the laws of the State of Minnesota. b. In addition to the foregoing, the City may also institute legal action against the Developers and the corporate surety on their performance bond, or utilize any cash deposit made hereunder, to collect, pay or reimburse the City for the cost of making any of said improvements. In the event of an emer- gency, as determined by the City engineers, the notice require- ments to the Developers shall be and hereby are waived in their entirety, and the Developers shall reimburse the City for any expense incurred by the City in remedying the conditions creating the emergency. -7- 27. Right of Way and Utility. Easements. Upon request of the City of Chanhassen, the Developers, for themselves and for their successors and assigns, agree to convey to the City of Chanhassen, at no cost to the City of Chanhassen, the following easements: a. An easement for public right of way and utility purposes over and across that portion of the land described on Exhibit A hereto which is depicted as "service road" on the Developers' Location Map and site plan which are more particularly described in paragraph 2 above. The northerly/ southerly portion of said easement shall be twenty-five (25) feet in width, and the easterly/westerly portion of said easement shall be fifty (50) feet in width. b. A fifteen (15) foot wide easement for drainage and utility purposes; the center line of which will be the easterly line of the tract of land upon which Building B will ultimately be erected. Said easement shall be dedicated on any plat prepared pursuant to paragraph 20 of this contract. 28. Address of Developers. The address of the Developers for purposes of this development contract and for purposes of notice under this contract shall be: 3510 West 70th Street, Edina, Minnesota. 29. 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 on the day and year first above written. GABBERT & GABBERT COMPANY BY 1(.ti-'V1J� A general partner And A general partner CITY CHANHASSEN BY Mayor ATTEST: City Manager THE PRESS, INC. By OL7iC E'�cc . I s And Its we STATE OF MINNESOTA ss. COUNTY OF CARVER On this day of 1978, 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, 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 , 1978, 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 President and the Secretary -Treasurer 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. STATE OF MINNESOTA ss. COUNTY OF Notary Public On this day of , 1978, 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 general partners of the limited partnership named in the foregoing instrument, and they acknowledged to me that such limited partnership executed the same. Notary Public Development Contract: The Press, Inc/Gabbert and Gabbert Company/ City of Chanhassen PVU TR TrP A The Easterly 1037.61 feet of that part of the Southwest Quarter of Section 7, Township 116, Range 22, Hennepin County, lying Southerly of the C M St. P & P R.R. Co. (Gabbert & Gabbert Company/The Press, Inc.) EXHIBIT B The East 540 feet of the South 810 feet of the West 1950.40 feet of the Southwest Quarter of Section 7, Township 116, Range 22, Hennepin County, Minnesota. VVUTRTm n The South 812.45 feet of the East 300.00 feet of the West 1750.40 feet of the Southwest Quarter of Section 7, Township 116 North, Range 22 West of the 5th Principal Meridian, containing 243,779 square feet or 5.5964 acres, more or less, in Hennepin County, Minnesota. W CITY OF CHANHASSEN AMENDMENT TO THE PRESS INC./ GABBERT AND GABBERT COMPANY DEVELOPMENT CONTRACT IT IS HEREBY AGREED this 13th day of September , 1978, by and between the City of Chanhassen, a Minnesota municipal corporation, and The Press, Inc., a Minnesota corporation, and Gabbert and Gabbert Company, a limited partnership, that the certain development contract dated September 5 , 1978, entered into between the above named parties, is hereby amended in the following particulars: A. Said contract is hereby amended by adding a paragraph 30 reading as follows:. I. 30. Change of Ownership. In the event that either The Press, Inc. or Gabbert and Gabbert Company shall unconditionally transfer to a third party all of their respective ownership interests in all or any part of the lands described in Exhibit A hereto, the City of Chanhassen shall, upon request of the transferor, provide the transferor with a written release from its obligations and duties arising under the within development contract as to the lands so transferred, provided that the following conditions are present: a. The transferor has provided the City of Chanhassen with all proof reasonably necessary to verify that an unconditional transfer of all ownership interests has occurred; and b. The transferor is not in default in any performance of any of the covenants and agreements herein contained; and C. The transferee has agreed in writing to assume all of the duties and responsibilities of the transferor under the terms of the within development contract. B. Paragraph 23 of said contract is hereby amended to read as follows: 23. Boulevards and Driveways. The Developers agree to furnish, construct and install, at Developers' sole expense, the following improvements for the benefit of the plat, and in accordance with the above described site plan and landscape 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. -1- r For the purpose of assuring to the City that the improvements required by this Paragraph 23 shall be constructed and installed. according to the requirements of this agreoement, Developers or their assigns agree to deposit the sum of $ o Owith the City' a t the time application is made for a building permit for each lot or outlot. Said deposit shall be returned to the Developers or their assigns upon approval of the installation by the City. IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be executed on the day and year first above written. CITY -OF CHANHASSEN BY Mayor Attest: City Manager THE PRESS, INC. And is GABBE�.T AND GABBERT COMPANY BY A 1,-, 4, A general partner And A general partner -2- STATE OF MINNESOTA ) ss. COUNTY OF CARVER ) On this day of _, 1978, before me, a notary public within and for said county, personally appeared Waiter 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, 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 , 1978, 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 President and the Secretary -Treasurer 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 an deed o said corporation. Notary Public STATE OF MINNESOTA 1 ss. COUNTY OF ) On this day of ., 1978, before me, a notary public within and for said county, personally appeared and , to me personally known, who, being each by me duly sworn,�i:d say tliat they are general partners of the limited partnership namr_ci in the foregoing instrument, and they acknowledged to me that such .limited partnership executed the same. Notary Public -3- Development Contract: The Press, Inc./Gabbert and Gabber t� Company/ City of Chanhassen REV. EXHIBIT A That part of the Southwest Quarter of Section 7, Township 116, Range 22, Hennepin County, Minnesota lying Easterly of.the West 1410.40 feet, as measured at a right angle to the west line of said quarter, and Southerly of the Southerly Right of Way line of the Chicago, Milwaukee, St. Paul and Pacific Railroad. REV.. EXHIBIT B The South 812.45 feet of the East 540.00 feet of the West 1950.40 feet, as measured at a right angle to the West line, of the Southwest Quarter of Section 7, Township 116 North, Range 22 West, of the 5th Principal Meridian. REV. EXHIBIT C The South 812.45 feet of the East 300.00 feet of the West 1710.40 feet, as measured at a right angle to the West line, of the Southwest Quarter of Section 7, Township 116 North, Range 22 West of the 5th Principal Meridian, con- taining 243,779 square feet or 5.5964 acres. The undersigned, being parties to the attached "The Press, Inc./Gabbert and Gabbert Company development contract", dated , 1978, hereby consent to the substitution of the above stated Revised Exhibit A, Revised Exhibit B, and Revised Exhibit C, for Exhibits A,B, and C. respectively, which revised exhibits are hereby incorporated into the attached development contract. CITY.vF CHANHASSEN By Mayor GABBERT GABBERT COMPANY By L A Ge e al Partner And A General Partner ATTEST: THE P ESS, INC. By w _0 I tg City Manager And Its z ' i w ° m East My of lY 1410.40 f t of S W. '/a z n `. c ' C' N e 'Q' WEST /87TH AV£NUE i Z 1- N OI °05"4l "W e �; 0 --/4//.02-- -785.67-- - - i a &77. 63 I . y0 � O \V �r o 0 0 �O 7/5.97 SO/ °05V/ "JL b O N� G �~ -A �V O a �+ A 8 720.9/ Fast' line a — — ` Christmas _ _ _ _ • • • •�• • • • OF • • • �Q Lake OF i! • • \��% L' • • • I • • O R� • • t • • • • • • `C • OF �_� k •• OF I •' )) ��\ •\ ��=� '� a•R u' Ism 1 - eaSm paeiie •� �ao000000 �� OQ"' �odcME III u U�.CS xxao ri r-f All P ® m �1i 'f�'�►fir Kim OF I Y • •F 8 •.4 I F --� PK Lake Susan Rice _ j Marsh _ Lake OF _ _ •F •F Q - - OF O ' 34 34M 340 3 34 L111GLosu�,� � UST[RN OR SHEN NDOAN NIAWAT ONE C" *OW MLL 11 ol AIE LUCY 'Tl r 1 r LAKE ANN O SANTA vl 8 ULEVAR MTY ROAD ,I I6 PARK 1 CT 90 R. —.RIVE AXECIR. LAKE SUSAN SUNSET LYM A BOULEVARD 6600 ,1- -6700 L orys L ICEA d one kq=�T1 STA —8200 93W —8 RICE M.V'SH LAKE ' LAKE I ------------ S200 9300 RILEY =-944DO cl, L) UFpv—os URA 6.17 f AY PIONEER TF AIL I plowmah II aKf � III iI� i OU VAR P4RK CT. 9pe 9 m O I20 O N 0 C) ltrB I i I MENNEPINI COUNTY ITY i —LA-- _ _C A R--VLE R—COUNTY 6200 6300 1R ° 6400 °a 6500 0 S DWVF 6600 I ERROR. '� 3Y SS• �E� ��a KE CIR. DRIVE C -- LAKE SUSAN 86TH ST P[1VL It Q O 1 m I 24 SUNSEr TRAIL LYMA BOULEVARD c SV87EGi 7200 .. �I —7400 �► o 111111 11111■ 111111 ■NIP 0 - 911 I - —7900 u :.. . :.0 L� N I 1 21 l��II►�/it��' a CITY OF CHANHASSEN SECOND Ai`IENDMENT TO THE PRESS INC./GABBERT AND GABBERT COMPANY DEVELOPMENT CONTRACT WHEREAS, Gabbert and Gabbert Company, a limited partnership, and The Press, Inc., a Minnesota corporation, have previously made application under the City Zoning Ordinance for the approval of a P-4 Planned Industrial Development Plan; and WHEREAS, the Chanhassen City Council, by its resolution passed June 19, 1978, approved said plan subject to and on condition that the parties enter into a development contract; and WHEREAS, Gabbert and Gabbert Company and The Press, Inc_ entered into a certain development contract with the City of Chan- hassen dated 1978 and amended 1978; and WHEREAS, said development contract and amendment thereto approved the construction of a 23,088 square foot Building A and a 32,672 square foot Building B located east of Building A; and WHEREAS, construction of Building A (also called "The Press Building") has been completed; and WHEREAS, Gabbert and Gabbert Company, The Press, Inc., and Reply Systems, Inc., a Minnesota corporation, hereinafter referred to collectively as the Developers, have made application to the City Council for the amendment of said Planned Industrial Development Plan to provide for the construction of a 14,976 square foot building north of The Press Building in lieu of the 32,672 square foot building east of The Press Building, said 14,976 square foot building (hereinafter called the "Reply Systems Building" or "Building B") to be occupied, leased and operated by Reply Systems, Inc.; and WHEREAS, a public hearing was held by the Chanhassen Planning Com-iission on P_ugust 22, 1979, to consider public comment on the amendment of said plan; and -1- IHEREAS, the City Council has found that the requirements for amendment of a final development plan as set forth in Section 14.06 of the Chanhassen Zoning Ordinance have been met; and 6VHEREAS, the City Council has, by resolution passed Sept- ember 4, 1979, approved the amendment of said plan subject to and on the condition that the Developers enter into this amendment to said development contract as heretofore amended; NOW, THEREFORE, in consideration of the foregoing premises and acceptance by the City of the amended development plan, it is hereby agreed this day of , 1980, by and between the City of Chanhassen,.a Minnesota municipal corporation, and Gabbert and Gabbert Company, a limited partnership; The Press, Inc., a Minne- sota corporation; and Reply Systems, Inc., a Minnesota corporation, that the certain development contract dated , 1978, and amended , 1978, is herebyincorporated rporated herein, adopted by the parties hereto and further amended as follows: A. Paragraph 2 of said contract is hereby amended to read as follows: 2. Scope of Development Governed by Exhibits. The exterior dimensions, architectural design, decorating scheme, grading plan, and placement of The Press Building (Building A) shall be in conform- ance with the Developers'. Location Map, Site Plan, Drainage Plan, Landscape Plan, Ground Floor Plan and Exterior Elevation Drawings, all of which are dated March 30, 1978, and all of which were prepared by Korsunsky-Krank Architects, Inc., Minneapolis, Minnesota, and copies of which are on file in the office of the City Zoning Admiinis- trator, except to the extent said map, plans and drawings are super - ceded by the plans for the Reply Systems Building dated September 4, 1979. The exterior dimensions, architectural design, decorating scheme, grading plan and placement of the Reply Systems Building shall be in conformance with the Developers' Site Plan,. Floor Plan, Grading Plan, Landscape and Lighting Plan and Exterior Elevation Drawings, all of which are dated September 4, 1979, and all of which were prepared by Korsunsky-Krank Architects, Inc., Minneapolis, Minne- sota, and copies of which are on file in the office of' the City Zoning Administrator.. B. Paragraph 3 of said contract is hereby amended to read as follows: 3. Construction In Phases. The Developers may commence construc- tion of the Reply Systems Building, as depicted on said Site Plan dated September 4, 1979, immediately upon due execution of the within amend- ment to development contract and issuance of the requisite building permits. C. Paragraph 5 of said contract is hereby amended by adding thereto a fourth and additional sentence reading as follows: The Developers further agree that they shall commence work hereunder on the Reply Systems Building on or before , 19 and shall have all work done and improvements fully completed to the satisfaction and approval of the City on or before 19 The Developers 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 Developers of the existence of causes over which the -Developers have no control which will delay the completion of the work, the City, in its discretion, may extend the date hereinbefore specified for completion. D. Paragraph 6 of said contract is hereby amended to read as follows: 6._ Grading Plan and Lighting Plan. No permit for grading shall be issued and the Developers shall perform no grading of the subject property until the Developers' amended 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.amended final grading plan shall include existing contours, proposed grading elevations, drainage con- figurations, storm water drainage configurations, spot elevations, proposed access driveway road profiles, location and candlepower of all illuminaries, and locations of exterior trash storage areas. E. Paragraph 8 of said contract is hereby amended to read as follows: 8. Landscape Plan. The Developers agree to prepare and submit to City Staff an amended 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 a--anded landscape plan has been reviewed by City Staff for purposes of verifying that said landscape plan is in con- formity with all of the provisions of the within permit..' -3- F. Paragraph 10 of said contract is hereby amended by adding thereto a second and additional sentence reading as follows: The cash deposit or corporate surety bond as to the Reply Systems Building shall be in the amount of $ G. Paragraph 18 of said contract is hereby amended by adding thereto a subparagraph 18.01 reading as follows: 18.01. Construction Completion Dates for Reply Systems Building. a. The Developers agree that the blacktop parking areas, access driveways, and curbs and gutters depicted on the Site Plan dated September 4, 1979, shall be completed to the satis- faction and approval of the City, on or before , or such later date as may be specified in writing by the City Zoning Administrator. b. The Developers agree to implement and complete execution of their aforementioned amended grading and lighting plans, to the satisfaction and approval of the City, on or before , or such later date as may be specified in writing by the City Zoning Administrator. C. The Developers agree to implement and complete execution of their aforementioned amended.landscape plan to the satis- faction and approval of the City, on or before , or such later date as may be specified in writing by the City Zoning Administrator. d. The Developers agree to complete construction of the Reply Systems Building depicted on the Site Plan dated September 4, 1979 no later than or such later date as may be specified in writing by the City Zoning Administrator. H. Paragraph 30 of said contract is hereby amended to read as fol lows : 30. Change of Ownership. In the event that Reply Systems, Inc. or The Press, Inc. or Gabbert and Gabbert Company shall unconditionally transfer to a third party all of its respective ownership interests in all or any part -of the lands described in Exhibit A hereto, the City -4- of Chanhassen shall, upon request of the transferor, provide the transferor with a written release from its obligations and duties arising under the within development contract as to the lands' so transferred, provided that the following conditions are present: a. The transferor has provided the City of Chanhassen with all proof reasonably necessary to verify that an uncon- ditional transfer of all ownership interests has occurred; and b. The transferor is not in default in any performance of any of the covenants and agreements herein contained; and C. The transferee has agreed in writing to assume all of. the duties and responsibilities of the transferor under the terms of the within development contract. IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be executed on the day and year first above written. GABBERT & GABBERT COMPANY THE PRESS, INC. By — A general partner And A general partner CITY OF CHANHASSEN 0 ATTEST: Mayor City Manager By Its And Its REPLY SYSTEMS, INC. By Its And - Its -5- r-. STATE OF MINNESOTA ) ss. COUNTY OF CARVER ) On this day of 19 , 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, 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 instru- ment to be the free act and deed of said corporation. STATE OF MINNESOTA } } ss. COUNTY OF } On this day a notary public within and Notary Public of for said county, and , 19 , before me, personally appeared to me personally known, who, being each by me duly sworn, did say that they are respectively the President and the Secretary -Treasurer of the corporation named in the foregoing instrument, and that the seal affixed -to said instrument is the corporate seal of said corpo- ration by authority of its Board of Directors, and said and acknowledged said instru- ment to be the free act and deed of said corporation. Notary Public Me an,.��.�.,._..,....-y+�mw�.aa.. ;1�1 5.:.� - - - �.�...ea:l�.::'...:+'1�.:..ti'...ri.,s �:�:��i.•. :..�.�: ..��.�__, ...M Exhibit A Lot 1, Block 1, Park One, Hennepin County, Minnesota. tREGULAR CHANHP.SSEN CITY COUNCIL MEETING AUGUST 3, 1933 Mayor Hamilton called the meeting to order. The meeting was opened with the Pledge to the Flag. Members Present Councilwoman Swenson, Councilwoman Watson, Councilman Geving, Councilman Horn. Staff Present Bob Waibel, Bill Monk, Don Ashworth, and Scott Martin. APPROVAL OF AGENDA: Mayor Hamilton moved to approve the agenda with the addition of Bond Sale. Motion seconded by Councilwoman Swenson. The following voted in favor: Mayor Hamilton, Councilwomen Swenson and Watson, Councilmen Geving and Horn. No negative votes. Motion carried. BOND SALE: RESOLUTION #83-36: Mayor Hamilton moved the adoption of a resolution authorizing the issuance, prescribing the form and details and providing for the payment of $5,184,620.60 general obligation refunding tax incre- ment bonds of 1983. Resolution seconded by Councilman Geving. The following voted in favor: Mayor Hamilton, Councilwomen Swenson and Watson, Councilmen Geving and Horn. No negative votes. Motion carried. RESOLUTION #83-37: Mayor Hamilton moved the adoption of a resolution authorizing the issuance, prescribing the form and details and providing for the payment of $4,320,000 general obligation refund improvement bonds of 1983. Resolution seconded by Councilwoman Watson. The following voted in favor: Mayor Hamilton, Councilwomen Swenson and Watson, Councilmen Geving and Horn. No negative votes. Motion carried. FINAL PLAT AND DEVELOPMENT CONTRACT, PLEASANT HILL ADDITION: Mayor Hamilton moved to approve the final plat and development contract for Pleasant Hill. Motion seconded by Councilwoman Swenson. The following voted in favor: Mayor Hamilton, Councilwomen Swenson and Watson, Councilmen Geving and Horn. No negative votes. Motion carried. 'ARK ONE IMPROVEMENTS: Councilwoman Swenson noted that in accepting the intent of the letter from Julius Smith dated July 25, 1983, the Council is in no way setting the number of years on the assessment term. The letter is a request only and the term on the assessments will be determined at the time of the assessment hearing— RESOLUTION#83-38: Councilwoman Swenson moved the adoption of a resolu- tion approving the plans and specifications for Park One Improvements and authorizing the Engineer to advertise for bids. Resolution seconded by Councilman Horn. The following voted in favor: Mayor Hamilton, Councilwomen Swenson and Watson, Councilmen Geving and Horn. No negative votes. Motion carried. MINUTES: Amend the July 11, 1983, Council minutes, page 6 to read: Councilwoman Swenson - I would like to go on record by saying that I do not feel that this is right. I will go with this ordinance because I think that it is here and something of this nature is goibut I, for the large part, I think this entire structuralnregulationcepted Council Meeting ME�2, 1983 -13- Councilwoman Swenson - It says the plat may show a feasible plan for future resubdivision by which plat may be resubdivided to meet the minimum size. Bob Waibel - We have been requiring them as a matter of practice. Councilwoman Swenson - The paragraph continues and says, "any final accepted plat not showing such future resubdivision plans shall not be resubdivided" so if they don't do it they can't get a resubdivision. I don't see any reason why the pertinent parts of this can't be incorported. Mayor Hamilton - I guess what we can do is to act on Ordinance 45A that we discussed and agreed to previously. Don could then take some time to research 33 and to get a legal opinion on that, how that would apply and how that should tie in with 45A and if it looks a significant change or something that the Planning Commission should look at you should redirect it back to the Planning Commission for them to review and if now, it can just come back to this body for our approval. I think you are hearing what we are saying that, ghost platting, we are not in favor of it. Don Ashworth - There may be other sections in 33 when it comes back that may be determined are not valid. Under the authority you are giving us staff would go through 33 and pick out those things that would or wouldn't be pertinent. Mayor Hamilton moved to place on first reading Ordinance 45A repealing Section 2.01 and amending Sections 2.02 and 2.04 of Ordinance 45, which establishes regulations for the development of areas not served by public sanitary sewer. Motion seconded by Councilman Horn. The following voted in favor: Mayor Hamilton, Councilwomen Swenson and Watson, Councilmen Geving and Horn. No negative votes. Motion carried. LOTUS LAKE PARK BOAT ACCESS: Councilwoman Swenson moved to hold a public hearing on June 13, 1983, to gather public comment. Motion seconded by Councilman Horn. The following voted in favor: Mayor Hamilton, Councilwomen Swenson and Watson, Councilmen Geving and Horn. No negative votes. Motion carried. Councilman Geving moved to establish a task force committee of John Garnaas, Mel Kurvers, Candy Takkunen, Mayor Hamilton, and Councilman Horn to review all information regarding the boat access and make recommendations to the Council. Motion seconded by Councilwoman Swenson. The following voted in favor: Mayor Hamilton, Councilwomen Swenson and Watson, Councilmen Geving and Horn. No negative votes. Motion carried. PARK ONE FEASIBILITY STUDY: RESOLUTION #83-22: Mayor Hamilton moved the adoption of a resolution approving the feasibility study and ordering a public hearing for May 16, 1983, for Park One Improvements. Resolution seconded by Councilman Horn. The following voted in favor: Mayor Hamilton, Councilwomen Swenson and Watson, Councilmen Geving and Horn. No negative votes. Motion carried. FEASIBILITY STUDY LAKE DRIVE EAST: RESOLUTION #83-23: Councilman Horn moved the adoption of a resolution ordering a feasibility study for Lake Drive East. Resolution seconded by Mayor Hamilton. The following voted in favor: Mayor Hamilton, Councilwoman Watson, Councilmen Horn and Geving. Councilwoman Swenson abstained. Motion carried. FA Riley- Purgatory Creek Watershed District 8950 COUNTY ROAD #4 EDEN PRAIRIE, MINNESOTA 55344 May 4, 1983 Mr. David Putnam Merrill & Associates 7216 Boone Avenue No. Suite A-38 Brooklyn Park, Minnesota 55428 Re: Phase B - The Press, Inc.: Chanhassen Dear Mr. Putnam: The Board of Managers of the Riley -Purgatory Creek Watershed District has reviewed the plans and grading and land alteration permit as submitted to the District for building and parking lot expansion - Phase B for The Press, Inc. development in Chanhassen. The Managers approve the grading and land alteration permit subject to the following conditions: 1. Prior to the commencement of Phase B construction, all restoration and construction proposed as Phase A construction must be completed. 2. All erosion control measures shown on the plans must be installed prior to commencement of grading operations and be maintained until all areas altered on the site have been restored. 3. All areas altered because of construction must be restored with seed and disced mulch, sod, wood fiber blanket, gravel sub -base, or be hard surfaced within. 2 weeks after completion of land alteration or no later than September 15, 1983. If it appears that the September 15 restoration date cannot be met, the District's engineering advisor must be informed prior to September 1, 1983 to ensure that this item can be discussed at the District's regularly scheduled September meeting. 4. The District must be notified a minimum of 48 hours prior to commence- ment of construction. JUN 0 5 1983 CITY OF CHANHASSE" Mr. David Putnam Page 2 May 4, 1983 If you have any questions regarding the District's comments, please call us at 920-0655. RCO/111 c: Mr. Frederick Richards Mr. Frederick Rahr Mr. Bill Monk %/ Sincerely, Ro rt .Obermeyer B R ENGINEERING CO. Engineers for the District Approved by the Board of Managers RILEY-PZ=President RSHED DISTRICT Date: the press inc. 18780 WEST 78th STREET • CHANHASSEN, MINNESOTA 55317 • TELEPHONE: 612/937-9764 May 1, 1981 Mr. Bob Waibel Asst. Manager/Land Use Coordinator City of Chanhassen Chanhassen, MN 55317 Dear Bob: Following our recent conversation, I am enclosing copies for your files of the test results and the operating permit issued to us by the Minnesota Polution Control Agency for the opera- tion of our printing facility. Although we are in compliance with the state statutes we would like to further reduce our visible plume by the installation of a taller exhaust stack. Are there any city ordinances which prohibit a stack from 12 to 15 feet in height? We would secure to the roof or present equipment with proper supports. Please look into this matter for us and advise at your earliest convenience. Thank you. Sincerely, Ror J . Drewing President Enc. RJD/jmh .I t� Minnesota Pollution Control Agency VUA November 26, 1979 Mr. Roger J. Drewing, President The Press, Incorporated 18780 West 78th Street P.O. Box 439 Chanhassen, Minnesota 55317 Dear Sir: Per your request in a letter dated October 25, 1979, pursuant to submittal of test results for a source emission at The Press, Incorporated, Chanhassen, the enclosed facility operating permit No. 1656-79-OT-1 is being issued. You should carefully note the Special Condition requirement that no continual ambient odor is allowed beyond your property line which would cause a nuisance for any residents near your facility. Yours truly, !Jerry 'efert, .E. J Engine ring Section Division of Air Quality Telephone: (612) 296-7272 JL/if cc: G. Pulford B. Brott, DSW 1935 West County Road E2 Roseville, Minnesota 55113 Regional Offices . Duluth Braine,e De—, * _ages Va,s! all Roc^es'er Rosev Ile Equal Opportunrty Employer Page 1 c 5 Permit No. 1656-79-OT-1 OPERATING PERMIT FOR AN EMISSION FACILITY In accordance with Minnesota Statutes Chapters 115 and 116 and Minnesota Pollution Control Agency Rule APC 3 THE PRESS, INCORPORATED 18780 West 78th Street Chanhassen, Minnesota 55317 (hereinafter Permittee) is authorized by the Minnesota Pollution Control Agency (hereinafter Agency) to operate the following emission facility under the conditions set forth herein. This permit shall become effective on the date of issuance by the Director. This permit shall expire November 26, 1984. DATED: November 26, 1979. ,252� '�j Edward M. Wiik, P.E., Director Division of Air Quality for Terry Hoffman Executive Director Minnesota Pollution Control Agency P Page 2 0_ 5 Permit No. 1656-79-OT-1 PART I. DESCRIPTION A. Emission Facility This permit authorizes the Permittee to operate two Web offset printing presses at 18780 West Seventy-eighth Street, Chanhassen, Carver County, Minnesota. The emission facility consists of the following equipment: 1. Two Harris Corporation Model M-80 four unit Web offset presses. Maximum web -width is 17 and 1/4 inches. 2. Two TEC System, Incorporated, ten foot long, natural gas fired dryers, Model SC-10D. PART II. CONDITIONS This permit is subject to the following Special and General Conditions and authorization to operate the total facility is subject to compliance with all these conditions. A. Special Conditions 1. The Permittee shall not cause to be discharged into the atmosphere any gases which: a) Contain more than one million odor concentration units per minute of exhaust flow as set forth in Minn. Rule APC 9. b) Cause violation of ambient odor limits as set forth in Minn. Rule APC 9. c) Contain more than 0.1 grain of particulates (solid and/or liquid aerosol) per standard cubic foot of exhaust as set forth in Minn. Rule APC 5. d) Exhibit more than 20% opacity as set forth in Minn. Rule APC 5. 2. Mass Emission Limitations. The Permittee shall not cause to be generated from the new facility any gases which result in a total annual emission of more than 100 tons per year of hydrocarbons to the atmosphere as set forth in the New Source Review procedures. 3. Noise Standards. The Permittee shall comply with the noise standards set forth in Minn. Rule NPC 2 at all times during operation of the facility. 4. Residual Materials. The Permittee shall dispose of particulates, sludges, or other wastes generated by either process equipment or the operation of air Page 3 o1 5 Permit No. 1656-79-OT-1 pollution control equipment in accordance with Amended Solid Waste Rules (SW-1 t-hrough SW-12) and Adopted Hazardous Waste Rules (6MCAR 4.9001 through 4.90010) of the Minnesota Pollution Control Agency which became effective June 18, 1979. When requested by the Director and using Agency forms, the Permittee shall prepare and submit disclosure information and waste management plans for each waste generated. B. General Conditions 1. Applicable Laws. This Permit shall not release the Permittee from any liability, penalty, or duty imposed by Minnesota or federal statutes or rules or local ordinances except the obligation to obtain this Permit. 2. Future Rules. This Permit shall not prevent the future adoption by the Agency of any pollution control rules, standards, or orders more stringent than those now in existence or prevent the enforcement of such rules, standards or orders against the Permittee. 3. Accuracy of Information. The Permittee shall not knowingly make any false statement, representation or certification in any record, report, plan, or other document required to be submitted to the Agency under this Permit. The Permittee shall immediately upon discovery report to the Agency any errors in such records, reports, plans or other documents. 4. Right of Entry. The Permittee shall allow the Agency, or any authorized employee or agent of the Agency, upon the presentation of proper credentials, to examine and copy any books, papers, records, or memoranda pertaining to the operation of the emission facility or control equipment covered by this Permit. The Permittee shall allow the Agency, or any authorized employee or agent of the Agency, upon presentation of proper credentials, to enter upon the property of the Permittee for the purpose of obtaining information or examining records or.conducting surveys or investigations pertaining to the operation of the emission facility or control equipment covered by this Permit. 5. Reports. The Permittee shall, when requested by the Agency, submit such information and reports which are relevant to control of pollution regarding the operation of the emission facility or control equipment covered by this Permit. 6. Reporting Breakdown. The Permittee shall notify the Agency immediately of: e Page 4 of Permit No. 1656-79-OT-1 a) A breakdown of more than one hour duration of any control eq b) A breakdown of any process equipment included in the emission facility covered.by this Permit, if the breakdown causes an increase in the emission of air contaminants. 7. Reporting Shutdowns. The Permittee shall notify the Agency at least 24 hours in advance of: a) A shutdown of any control equipment covered by this Permit, and, b) A shutdown of any process equipment included in the emission facility covered by this Permit, if the shutdown would cause an increase in the emission of air contaminants. 8. Alterations. The Permittee shall make no alterations in fuel, fuel combinations, processes or otherwise that would materially increase emissions of any air contaminant or alter the method or effect of treating the air contaminant through the facility or equipment specified in this permit without prior written authorization of the Agency. > 9. Assignment. This Permit may not be assigned or transferred by the Permittee without the approval of the Agency. 10. Permit Modification. After notice and opportunity for public hearing, this Permit may be modified, suspended, or revoked in whole or in part during its term for cause, including, but not limited to: a. Violation of any terms or conditions of this Permit. b. Obtaining this Permit by misrepresentation or failure to disclose fully all relevant facts. 11. Civil and Criminal Liability. Nothing in this Permit shall be construed to relieve the Permittee from civil or criminal penalties, or preclude the institution of any legal or administrative proceedings for noncompliance with the terms and conditions of this Permit for noncompliance with applicable State or federal pollution control laws. 12. Property Rights. The issuance of this permit does not convey any property rights in either real or personal property, or any exclusive privileges, nor does it authorize any injury to private property or any invasion of personal rights, nor any infringement of Federal, Page 5 of Permit No. 1656-79-OT-1 State, or Local laws or rules. 13. Severability. The provisions of this Permit are severable, and if any provisions of this Permit, or the application of any provision of thi"s Permit to any circumstance, is held invalid, the application of such provision to other circumstances, and the remainder of this Permit shall not be affected .thereby. 14. Emergency Powers. Nothing in this Permit shall prohibit the Agency or the Director from exercising emergency powers pursuant to Minnesota Statutes Section 116.11. 15. Reissuance. In order to receive authorization to operate the emission facility and.control equipment described in this Permit beyond the expiration date of this Permit, the Permittee shall apply for reissuance of this Permit in accordance with Agency Rule APC-3(i). if12:43 Report Number 9233 August 31, 1979 MMT Environmental, Inc. 1 4643,Wi Chatsworth Street S't . �' l , MN 55112 EVALUATION OF WEB DRYER EMISSIONS AT THE PRESS, INC. CHANHASSEN, MINNESOTA AUGUST, 1979 Submitted to: The Press, Inc. 18780 78th Street Chanhassen, MN 55317 Attention: Mr. Roger Drewing Approved by: • Milos Tomaides, Ph.D., P.E. President 1 2 3 4 5 TABLE OF -CONTENTS Page INTRODUCTION I RESULTS OF TEST PROGRAM 2 COMPLIANCE WITH STATE REGULATIONS 4 3.1 Odor Emissions 4 3.2 Visual Emissions 4 PROCESS DATA 5 PROCEDURES 6 5.1 Determination of Volumetric Flow Rate 6 5.2 Determination of Gas Moisture Content 6 5.3 Determination of Odor Concentration 6 5.4 Determination of Plume Opacity 7 APPENDIX A., Field Data Sheets APPENDIX B. Calculations APPENDIX C. Odor Panel Response Forms APPENDIX D. Product Sample EVALUATION OF WEB DRYER EMISSIONS AT THE PRESS, INC. CHANHASSEN, MINNESOTA AUGUST, 1979 Report Number 9233 1 INTRODUCTION . On August 29, 1979, MMT Environmental, Inc. (MMT) performed a source emission evaluation at The Press, Inc., Chanhassen, Minnesota. The evaluation was performed at the request of Mr. Roger Drewing of The Press, Inc. The test program was designed to determine if the exhaust emissions from a web dryer are in compliance with the opacity and odor regulations of Minnesota APC-5 and APC-9. The results of the tests are presented in this report. The MMT sampling team consisted of Messrs. Robert Laska and Milos Tomaides, Jr. The odor samples were analyzed by Mr. Laska and a six -person odor panel. 1 2 RESULTS OF TEST PROGRAM The significant results generated by the test program are presented in Tables 1 and 2. Table 1. Summary of Odor Test Results Source tested Web #2 Dryer Exhaust Date tested 8/29/79 Effluent temperature, of 270 Effluent moisture content, % V/V 10.4 Effluent flow rate Actual, acfm 1320 Standard, scfm* 920 Dry standard, dscfm* 820 Odor concentration, ou/ft3 Sample A 320 Sample B 350 .Average 335 Odor emission rate, million ou/min 0.27 *Standard conditions: 680 F, 29.92 in. Hg. 2 Table 2. RESULTS OF PLUME OPACITY OBSERTTATIONS Location: The Press, Inc. Source: Web Press #2 Date: 8/29/79 Time: 1340 - 1440 Percent Opacity I Relative Frequency 0 70.8 5 29.2 10 0.0 0.0 15 0.0 20 0.0 25 30 0.0 0.0 35 0.0 40 0.0 45 0.0 50 0.0 55 0.0 60 0.0 65 0.0 70 0.0 75 0.0 80 0.0 85 0.0 90 0.0 95 0.0 100 Time Average 2 sot eRiro�amc�1. isc. 3 3 COMPLIANCE WITH STATE REGULATIONS 3.1 Odor Emissions Minnesota State Regulation APC-9 states that no source shall discharge into the ambient air any odorous contaminants in excess of the following concentrations: (1) 150 odor units per cubic foot; for sources 50 feet or more above grade level (2) 25 odor units per cubic foot; for sources less than 50 feet above grade level. In addition and regardless of stack height, no source may emit more than one million odor units per minute. Under the conditions tested, the dryer exhaust gases do not comply with the concentration standard (2) above. 3.2 Visual Emissions Minnesota State Regulation APC-5 states that no source shall discharge into the ambient air any gases which exhibit greater than 20 percent opacity. Under the conditions tested, the dryer exhaust gases did not exceed 20 percent opacity. 4 q PROCESS DATA The following parameters describe the conditions under which the tests were conducted. Press Model: M-80 Date Installed: July, 1979 Press Speed: 750 ft/min. Ink Manufacturer: R & P Ink Ink Coverage: 50 percent Paper Manufacturer: Champion Paper Type: Mead Enamel Paper Width: 18 inches Paper Weight: 60 pounds Dryer Manufacturer: TEC Dryer Model: MC Series 2 Dryer Size: 10 feet Box Temperature: 3900 F Web Temperature: 2500 F Control Equipment: None E 5 PROCEDURES The following procedures were used during the test program: 5.1 Determination of Volumetric Flow Rate Velocity pressures were determined at numerous points across the duct using a standard pitot tube connected to an inclined manometer. Gas temperature was measured with a mercury -in -glass thermometer. Standard EPA equations were used to calculate the actual and dry standard (680 F, 29.92 in. Hg.) flow rates. 5.2 Determination of Gas Moisture Content The moisture content of the effluent was determined from the wet and dry bulb temperatures using standard psychrometric techniques. 5.3 Determination of Odor Concentration Odor concentrations were determined according to American Society for Testing Materials (ASTM) Method D-1397-57, which is entitled "Standard Method for Measurement of Odor in Atmospheres (Dilution Method)." The panel testing procedure was conducted according to the method described by D. M. Benforado, W. J. Rotella, and D. L. Horton, "Development of an Odor Panel for Evaluation of Odor Control Equipment," J. APCA 19 (2):101-105. Gas samples were collected in clean, odor -free teflon bags using the following apparatus: Bag Valve Teflon Sample Line To Source Teflon Sample Bag Air -tight Container Squeezebulb Hand Pump Operation: Sample bag is filled by evacuating the sealed container Sae bag is emptied bypressurizing the sealed container 6 Sample collection was performed as follows. The sample bag was emptied. One end of the teflon sample line was connected to the bag's valve and the other end inserted into the effluent stream. The bag was filled, emptied, and filled again. The valve was closed, sample line disconnected, and the bag number and collection time recorded on the data sheet. Upon completion of the on -site testing, the sample bags were returned to MMT for analyses. A panel of at least six experienced members was used to evaluate the samples. Each of the members had.been previously screened for olfactory perception using the vanillan/methyl salicylate "triangle" test. Each panel member was assigned a syringe which he used for the entire series of tests unless it became contaminated. Contaminated syringes were re- placed with freshly cleaned units. The analyses took place in a temperature controlled room in which the room air was continuously recirculated through activated carbon filters. Various levels of dilution of the collected samples were prepared and presented to the members of the odor panel. The panel members smelled the samples and merely recorded whether or not they detected an odor. After the sample was smelled, the panel member flushed his syringe with room air until he was satisfied that no odor remained. At the completion of the panel presentation, the responses were collected, tabulated, and reviewed for any individual inconsistencies. The data points (dilution, response percent positive) were then plotted on log -probability graph paper and the best (least square) straight line drawn. The dilution corresponding to 50 percent positive response was taken to be the odor concentration expressed in odor units per cubic foot. 5.4 Determination of Plume Opacity The opacity of emissions from the stationary source was determined visually by a qualified observer per EPA Method 9. The observer positioned himself at a distance sufficient to provide a clear view of the emissions with the sun oriented in the 1400 7 sector to his back. Consistent with this requirement, the observer's line of site was, as much as possible, perpendicular to the plume's direction. Opacity observations were made at the point of greatest opacity in that portion of the plume where condensed water vapor was not present. Observations were made at 15-second intervals and recorded to the nearest 5 percent opacity. a _ _ate r �� ' . ,• .y. ._ s .+� i! i•a 'L ,• ;r 4 :k•�� IS��:.t �r ,fir � •h _��. r' :.• [ '��<}s - '. � � .+• .. fit- - - � Y• � ''�► . •. . Lti `-y• t, •f x �26a •,. H .` ram, -yam-•.. _ii `t it s+ + • " _ - ,. F: ny, Z+ ,� .��` L. AA +- .a"" a. � r•" Ste. s•~ �- •� n �d it '.'c� � _ i�i ;li*��`��_ t^•� • ' d�'�P �p. 117, fir• ' — .T• � ' ffr~ - .-:��[-!•• 'yam• ..1 � .i ��! _a~y_' �,-•� T 'e - Kam•— )r ti. ` 3 --1. _t rt''�iL" "%-i N - ,•"p'} '' y'Y{ s'f� a t `+5%4 � r *,�, � .. -..n y��: f� � �; �, � `.z t .,tY=.. •,y� _ _ s�.; t-*t . �' + [ ... ..try. ; x-. ! ait-sw 'i - r y+- • -•r• X� . t - v.�.: ' s y �h r. .`.y _4T �.i f'4 •a••`• r ., ! -� �.� � �i� } s �5.5'' •1 s Yi *4 Kn ,w �S" 'Y.{ 1., i al • t i [, ,` is . - C_'>'S•'Wie r ..•t•a FACIS ��,,, � � r T ;sf . �x t< x • '� . ' Lg ' ��"..�� t i9 �.'i a �'•�i �icfx'•�y �i":��'��4j`r`� a `� t S.. - • � Y �• oy� a a ,L ¢ 1." 4 Sh y!� • {� .y<�. t %"{ ,� r a ti spa^` '4 y' + s -Z V's r .�-�• 'r � •Gx .% ,',b $ L� s �ti: +Mf['li`,,' r: "d`tc � T., 'M 2 >t� '�'`"+ �' � <�: A. r ODOR TEST Field Data Sheet MKT JQb Nu ber Ambient Temperature, °F' Date v 24r Barometric Pressure, in. Hg 1?. �/ S Comprn�� raS �� - --___— _ Static Pressure, in. WC 3_ Source C Dry Bulb Temp .,-°F 2 7 0 ° Dimensions, inches _j� Wet Bulb Temp., F Test Team Members ,-•L Moisture Content, % r7cT r%f'T'rV TPAUrRRR• Time Pitot Tube Coefficient •rr_v-_- --- Inches from ort PORT A AP Temp. in. H F PORT B �P Temp. in. HK F PORT �P in. Hg C Temp. F PORT G P in. Hg D Tamp. F - Traverse point number Inches from wall U,32 J /.D p ?a 2-).3 o,yy 0, . yv v, y " 3 Z ,13 7, .-" ,AID a' -- �.D r_—_- t ODOR SAMPLES Bag Id. Time ars Z d � OBSERVERS Name Or anizati 1 '1 jII j � COMMENTS a in esit a nyhoonmenhal, I lic e 4643 N. Chatsworth St.. St. Paul. MN 55112 Tel. 612-4B3-0956 VISIBLE EMISSIONS FORM Company %Xe Re e s S H G Date 7 Address 1,6760 78-P4 St , Observer - r Last Re -Certification Date G AM "y t f 3Y d PM [3 PM Start Finish��- - Location of Readings lC �e f -pr 2 S`S -T" Description -of Plume (Color) OBSERVERS POSITION RELATIVE TO PLUME Stack - Distance From Height t C l e o ,r — N -- - Sky Conditions t Wind Speed Zd� Wind Direction Type of Installation WG b p PL•nz J / r L� W E Fuel Installation Load 7S'0 '�' ►"� `" X Plant Personnel Present at Time of Observations ' S Remarks Relevant to Meteorqlogical Conditions Ole A -;T�lw V� .. s OPACITIES: 0-100% NOTE: READINGS MUST BE MADE AT 15 aECbn INTERVALS " FOR A MINIMUM OF 60 MINUTES PER TEST RUN 13y Rdg Rdg Rdg Rdg Rdg Rdg Rdg Rdg Rdg Rdg 1 U 31 J;d 91 p 121 �j 151 p 181 O 211 p 241 271 2 D 32 D 62 92 p 122 152 182 0 212 D 242 272 3 33 63 93 p 123 ,,5+ 153 1$3 s 213 C7 243 273 _ 4 D 34 (� 64 94 O 124 154 184 214 b 244 274 M_ 5 C7 35 65 p 95 V 125 o 155 185 215 245 275 6 v 36 66 -096 S 126 156 d 186 Q 216 246 276 7 37 67 O 97 127 157 p 187 217 D 247 277 8 38 68 S 98 128 �j 158 188 21 248 278 9 39 69 99 129 Q 15� �:.`. 491 O 21 249 279 _ - 0 S 40 70 100 S 130 �j 16Q d ,., 1 0 0 22 � 250 280 1 41 _ 71 101 S 131 Q 161 y: d 7.91 22. S 251 281—� 2 42 Q 72 . 102 132 ,� 162` _ . 192 22 252 282 3 43 73 103 �. 133,�� 163 -p 193 �_ U 253 283 - 4 44 74 104 p 134 S 164 194 .0 r22 254 2845 �� 45 75105 p 135 165 D 195 p ` S' 255 285 v--- 6 46 ,� 16 �� 106 D 136 166 196 p 22 t7 256 286 7 .� 47 ;. 77 107 D 137 0 167 1,97 Q 227 257 287 108 138 168 �� 198 O 22 Q 258 288 18 48 Q 78 �D v 109 139 O 169 O 199 Q 22 5 259 289 19 ,; 49 © 79 j" 110 140 170 200 0 23 V 260 290 20 50 80 111 141 v 171 C) 201 231 p 261 291 21 Q 51 81 d 52 �j 82 C) 112 © 142 172 Q 202 (� 23 ,(� 262 292 22 J J 83 p .r 113 Q 143 Q 173 203 23 263 293 23 53 24 54 84 O 114 a 144 Q 174 204 23 264 294 25 55 85 0 115 0 145 � 175 � 205 � 23 Zj 265 _ 295 26 56 �j 86 O 116 �" 146 �176 206 23 / 266 296 57 87 117 147 177 207 237 D 267 297 27 5 28 58 68 © 118 p 148 d 178 S 208 23 S' 268 _ 298 -� 29 p 59 89 Q 119 a 149 c> 179 209 23 269 299 p 60 90 d 120 0 150 V 180 Q .2101 24C 270 300 Remarks ,. • ' }� eR��uCaw, Inc. w= c A-3 APPENDIX B Calculations VOLUMETRIC FLOW RATE CALCULATION (Velocity Pressures Monitored with Pitot Tube) Job Number: Company: Date: �1 Source: l�;'G b�� _J Test Id - -- %- Duct Area, sq.ft.(A): Duct Dimensions, inches: _ _-� _ 2 A 4144W for rectangular ducts A = �6 for circular ducts Stack Gas Temperature, degrees Fahrenheit (T): Average square -root velocity pressure, inches of water Barometric pressure, inches of mercury (PB): . 9 S Static pressure, inches of water (Ps): — 3 ► y Absolute stack pressure, inches of mercury (PA): _ 2 p Q ► 7 0 P PA= PB+13 6 Gas Molecular Weight (wet basis), lb/lb-mole (Ms): Z Pitot tube coefficient, dimensionless (Cp): Average stack gas velocity, feet per second (V) :� I P x T + 460 V=85.48xCpx MsxPA Dry Bulb Temperature, degrees Fahrenheit: 2. ` d Wet Bulb Temperature, degrees Fahrenheit: Z _ Relative Humidity, percent: Moisture Content, percent by volume (M): o► Flow Rate, actual cubic feet per minute (Fa): Z d Fa- 60xAxV / Flow Rate, wet standard cubic feet per minute (Fw): Y I Fw - 17.65 x Fa x PA/(T + 460) QQ Flow Rate, dry standard cubic feet per minute (Fd): C� 2 !d = Fit x (100 - M) / 100 Staradard C,00dttions: 680 F, 29.92 in. Hs. For--: S-CA-2s 3-1 OPACITY CALCULATIONS Location: 7~A e Pre 5 s � % C- Source: WcC PfeSs # 2- Date: 812ti1,q Time: / 3 yO Percent Opacity Number of Occur:- o:•.ces Column Number (A) 1 2 3 4 5 6 7 8 9 10 Total (B) Weight Factor (A) Times (B) (C) Percent of Time o Z&Zj 7-11210zr 82yZ/ 70 0 U 0,8 10 10 15 15 20 20 25 25 -- ----- 30 30 -- - - ----- - --- 35 35 40 45-- 50 55 60 65 70 40 45 50 55 60 65 70 I t i i 75 75 --- - • 80 80 90 95 -- --------- 90 95 100 100 - Total3oj3o I 30130 30 i I 2 y0 3 SO /00 (D) (E) Average Opacity - D Percent of Time (C) . 100 i A - D Form: S-OP-43-2 4 11 10 1 10 MENEM Heins ODOR CONCENTRATION 1 111 P*lc"t' of Panel R&porting Positive Respon"s 3-3 pm im: 4 10 —T FIGUR5 2 RESULTS OF ODOR �.1- CONCENTRATlC,1N utitHAVIINANON SITE The Press, Inc. T-- TEST Web Press #2, Sample B DATE 8/29/79 L 3 I .... .. . 10 SfAwc �2 '"`•' i :•� r�; �"I? ,� �� - Sri .r _ 4. t f 1 . 7-36 a, ^~��•yy-�� •.`r-.� .`fir v� _ jj��}}��f � t..�._ r� : _yam}y t ?• 1.. :F! - � 't, •ice: yj�� 1 •.ay -4••. /" fri -'•�.-ice �' _ � � _r • d �' r� � cS. }. � �'- Aim �% 'rr . T .i rL' •. •ly a -. j . ODOR CONCENTRATION DETERMINATION Odor Panel Data Sheet HHT Job No . / 3 3 y Company %D OL Pre C S S ' . -01 C- - Samples Collected by /�'1 ToN,Hofe�_T�- -_ Date Odor Panel Conducted by_ L a S .E 1 _- Date 8 3 0 Sample No. / Odor Bag No. _ Source Ale 6 Pfe 6-S Test Number Dilution Panel Response + - - Ratio Positive Percent Positive 1 2 1 3 4 5 6 7 118 19 1 2 33.3 2 ' 10 PANEL MSMATIM SHEET 00" ". Date 7 Job No. �3 — - T,. Name of Panel Member a. -1T-.,T'N_:• _.*,4 +� �rypp'� si _ � r. _§. ., ,;..y ks^�'.,�, ', ii ~t4C°✓, t Ate" Y 'M�a+• . 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T T m n� n� a Jo n 3 3 b b m n 03'3 3 3'1: ovgo � bpJ 10 m m 9 NOD r T N-4� ^�?: NN rD iD fv inC - NN Q, cna CO n o m C C C d N (n N N W w n tnn Nn (nN 2 mT CNN (n ry cn m om mfo m o�`0 ° ors{o W N N 00, O N Oiwd VOr U. ataN 01DavO _N N Z9 Sv S; T b T m A A N W •• !D L/ y yb O O O p m D.NN �3°3S3'o�o 3_o3�3�50 Jmm$' �n$i p 0 Jo O On 0 0 �q//��//� 9 j C m C m Gn' Y IOM N CITY OF CHANHASSEN 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937-1900 MEMORANDUM TO: Scott Martin, Bill Monk, Bob Waibel, BRW FROM: City Manager, Don Ashworth DATE: June 10, 1981 SUBJ: Initial Discussion Concepts - East Chanhassen Economic Development District The following .points were initially discussed in regards to the existing economic development district in the eastern portion of the city: 1. The City has established a"Development Plan"encompassing properties on both the north and southside of highway 5-all lying within Hennepin County. 2. That within the above area defined as a°Development Plan Area' a specific project area was established by the City Council - such being designated a "Tax Increment.District #2 ." Said "Tax Increment District #21 encompaEsing only the Lyman Lumber properties and Park One Properties, all of which being north.of Highway 5. 3. Under consideration is the;adv:Fability of expanding the "Tax Increment District #211to include all of the land included in the "Development Plan . Area' and/or establishing a new "tax increment districtwhich would encompass all of the lands shown within the "Development Plan .A._ea''i.e. CPT as well as a vacant parcel lying west of Lyman Lumber. The benefits/liabilities of these two approaches is to be explored by BRW/City Attorneys office in terms of State law requirements/potential limitations, i.e. if District expanded vs. creation of new district, would the city be limited in the number of years of collection of increment in one alternative vs. the other? 4. BRW/City Attorney was to review the feasibility of expand- ing the present "development plan" area to encompass all commercial properties abutting Highway 5 and lying between the.existing downtown redevelopment tax increment district and the existing economic development district area. The expanded area should additionally include the outlot area adjacent to Chanhassen Estates and abutting MPM CPT. Both of the above expansion possibilities would thereby insure that any intersection improvements occuring at Great Plains Blvd, Dakota, or 184th Street would be encompassed as a part of either the economic district or the downtown redevelopment district area. Further, such inclusion would assure that any work carried out on or along Highway 5 would be encompassed in such a district. Further, should improvements be considered to the storm drainage lying between CPT .and Chanhassen Estates this would then be encompassed as part of the district. The necessity for expansion will be determined in a two fold process i.e. 1). The Council decision as whether any or all of the improvements proposed in the expansion area are desirable;&2). the Attorneys opinion is to legality coupled with BRWs estimated costs vs. revenues. Potential City/Developer Responsibilities within Expanded Develop- ment Planned Area The following points were noted in our meeting as "Developer Responsibilities" if the expanded Development Plan Area were to be considered, Also. -discussed were "DevelOpment District Resp." Under tf section of "Economic Development District Responsibilities" is a further breakdown of specific improvements which could be in- cluded as a part of the expanded development district. Again, the items under the specific listing would represent an initial "wish list" and the feasibility of including any or all of these will .depend upon specific analysis by BRW/Attorneys in terms of legality/costs/potential district revenues. I. Developer Responsibilities Within Economic Development District 1). Pay 100% of street, grading, curb and gutter, lighting, etc. costs which are installed solely for the benefit of the proposed development. 2). Pay 100% of utility costs (sewer, water, storm drainage) generated or required for any private development. II. Economic Development Costs 1). Pay costs of collector streets required to serve development area, i.e. 184th street, Hwy 5, Dakota Ave/101 realignment costs, etc. 2). Pay costs of utility distribution system in excess of specific needs for any one developer i.e. water looping between north and south frontage roads, storm sewer system serving all properties within economic development area, cost of major Hwy crossing etc. I -3- Specific Improvements Conceptionally Included Within II Above 1). Construction of 184th Street (first phase between frontage roads with potential construction throughout entire length of district). 2). Const. of 184th & Hwy 5 Intersection, Including signal. and channelization when required at 184th and Hwy 5. 3). Water and Street extentions (south of hwy 5) from existing terminuses to 184th and water construction on 184th connecting north and south frontage road water systems. 4). Improvement of Storm Drainage System from 101/West 78th Street to Outlet at Rice Marsh Lake 5). Construction of Water and Sewer Crossing at Great Plains Blvd and hwy 5 6). Purchase of Existing Inappropriate Land Uses at Market Value and Resale to Adjacent Property Owner at Indust- rial Land Values Including Stipulation of Uses in Resale Agreement. 7). Reconstruction of the Intersection of Hwy 5/ Dakota Avenue/ North Frontage Road/ Hwy 101/ West 78th St Including Acquisition, Realignment, and Construction 8). Landscaping and Planting on North and South Frontage Roads to Reduce Vehicular Confusion on Hwy 5 and Frontage Roads 9). Construction of Hwy 5 from Great Plains Blvd to 184th Street to Divided Four Lane Standards, Including Add- itional Turn Lams Required and Reconstruction of Dakota Ave& Great Plains Blvd Intersections (above assumes sta-�e approval of City paying the state share, potentially 25%, if the project would be excelerated under state reconstruction schedules for Federal construction dollars -75o share). (Official Publication No. 8702) CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES NOTICE OF PUBLIC HEARING FOR REZONING AND SUBDIVISION FOR INSTANT WEB, INC. CHANHASSEN, MINNESOTA NOTICE IS HEREBY GIVEN that the Planning Commission of the City of Chanhassen. Minnesota Will meet at 7:30 p.m. on Wednesday the loth of June,1981 at the City Hall, 690 Coulter Drive, for the purpose of holding a public hearing to consider the subdivision of an approximate 46.71 acres into 12 commercial/industrial lots and the rezoning of said 46.71 acres from R-lA Agricultural Residential District to P,3, Planned Community Development District. Said subdivision and rezoning is proposed for the following described tract of land: Part of the West '.�2 of the southeast 1/4 and part of the Northeast 1/4 of the Northeast 1/4 and part of Government Lot one, all in Section 14, Township 116, Range 23, Carver County, Min- nesota lying southerly of the southerly right-of- way of Minnesota State Trunk Highway No. 5 and northerly of the northerly right of way of the. Chicago Milwaukee St. Paul and Pacific Railroad Subject to County Road No. 17. Except Park Road. A plan showing said proposed subdivision and rezoning is available for inspection at City Hall. All Persons interested may be heard at said time and place. BY ORDER OF THE PLANNING COMMISSION Bob Walbel, City Planner (Published in the Carver County Herald, May 27th, 1981) 'Aavit of Publication Sate of Minnesota ) ) SS. County of Carver ) Stan Rolf scud being duly sworn, on oath says he is and during all the time herein stated has been the publisher and printer of the newspaper known as Carver County Herald and has full knowledge of the facts herein stated as follows: (1) Said newspaper is printed in the English language in new spaper format and in column and sheet form equivalent in printed space to at least 900 square inches. (2) Said newspaper is a weekly and is distributed at least once a week. (3) Said news paper has 50% of its news columns devoted to news of local interest to the community which it purports to serve and does not wholly duplicate any other publication and is not made up entirely of patents, plate matter and advertisements. (4) Said newspaper is circulated in and near the municipality which it purports to serve, has at least 500 copies regularly delivered to paying subscribers, has an average of at least 75% of its total circulation currently paid or no more than three months in arrears and has entry as second-class matter in its local post ice. (5) Said newspaper purports to serve the City of Chaska in the County of Carver and it has its known office of issue in the City of Chaska in said county, established and open during its regular business hours for the gathering of news, sale of advertisements and sale of subscriptions and maintained by the managing officer of said newspaper, persons in its employ and subject to his direction and control during all such regular business hours and at which said newspaper is printed. (6) Said newspaper files a copy of each issue immediately with the State Historical Society. (7) Said newspaper has complied with all the foregoing conditions for at least one year preceding the day or dates of publication mentioned below. (8) Said newspaper has filed with the Secretary of State of Minnesota prior to January 1, 1966 and each January 1 thereafter an affidavit in the form prescribed by the Secretary of State and signed by the managing officer of said newspaper and sworn to before a notary public stating that the newspaper is a legal newspaper. He further states on oath that the printed— Legal #8702 hereto attached as a part hereof was cut from the columns of said newspaper, and was printed and published therein in the English language, once each week, for 1 successive weeks; that it was first so published on wed the 27th dayof May 19 81 and was thereafter Wednesda printed and published on every _ Y to and including the 27th day of May 19 $i and that the following is a printed copy of the lower case alphabet from A to Z, bath inclusive, and is hereby acknowledged as being the size and kind of type used in the composition and publication of said notice, to wit: abcdefghijklmnopgrstuvwxyz CITY OF CHANHASSEN Subscribed and sworn to before me this — Z4 'day of _ 19 -�Y RECEIVED J��N 11981 CYNTHIA A. NOLDEN �) NOTARY PUBLIC - MINNESOTA CARVER COUNTY Notary public, County, COMMUNITY DEVELOPMENT DEP 0/ MY Commission Sxpiles Oct 28. 1966 • My Commission Expires __ _� 19 Planning Commission Minutes May 27, 1981 Page 6 Discussion, Comprehensive Plan Draft Revision Reference 1990 MUSA Line: The Chairman made a call to representatives:from Eden Prairie School, Chaska School District, Minnetonka School District, the City of Chaska and other municipalities abutting the City of Chanhassen and no one answered that call concerning this item. Bob Waibel explained to the Planning Commission that at the last meeting they had decided to send notices to the property owners within 1,000 feet. Staff contracted with an abstract company for the names and staff just received the list today. Mr. Waibel suggested that the Planning Commission hold the public hearing and that the notices to the property owners can be sent for the City Council meeting. Staff did send notification to the paper. Motion made by Noziska and seconded by Watson to close the Public Hearing. All voted in favor and motion was carried. A motion was made by Noziska and seconded by W. Thompson to recommend to the City Council to approve moving the MUSA line North of highway 5 and including the Minnetonka, Inc. property. Also request City Council to forward this item to Met Council. Noziska amended his motion, seconded by W. Thompson to include that staff will notify property owners within 1000' of the subject property before the City Council meeting. Four members voted in favor, Conrad abstained, M. Thompson voted against, the motion carried. /Public Hearing, Replat Request for Park One, Instant Webb, Inc. Waibel indicated that this item was introduced about 12 years ago. Notices were sent out for this hearing. No one showed up. Conrad made a motion, seconded by Noziska to continue the Public Hearing until the Developer can be here to present his request. Contiued to June loth. All voted in favor and the motion was carried. CITY OF CHANHASSEN 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937-1900 PLANNING REPORT DATE: May 22, 1981 TO: Planning Commission and Staff FROM: Bob Waibel, City Planner SUBJ: Preliminary Plat Review, Park One, Public Hearing PLANNING CASE: P-649 , Petition The applicant is proposing to replat the portion on park one north of West 77th Street (the east/west street bisecting the subject property) into 13 indistrial building sites. Back(:round 1. Community Location: As shown in enclosure one, the subject property is located in the southwest quadrant of the inter- section of 184th street and the Chicago,Milwaukee,St. Paul Pacific Railway right-of-way. 2. Existing Zoning: The subject property is presently zoned P-4, Planned Industrial District. 3. Utilities: Pursuant to the trunk water and sewer area maps dated April 78 the subject property is available to sanitary sewer and municipal water. The present terminus of the nearest sewer and water services is located in the north/south portion of West 77th street immediately west of Reply Systems, Inc. 4. Comprehensive Plan Proposal: Land Use: Pursuant to the adopted City Comp-r-e lenaive guide plan, the subject property is to assume an industrial identity. Transportation: The Comprehensive guide plan update indicates that the north Highway 5 frontage road should connect with 184th street in the manner which is shown on the proposed plans Planning Report Park One Page 2 for Park One. Comments: The proposed replat for Park One was brought before the Planning Commission in October of 1979 and May of 1980 for sketch plan review. Since the last review,the applicant has arranged for a feasibility study to be performed by the City Engineer and has prepared the attached preliminary plat information. Additionally since the last review the subject property has been established as a tax increment development district. As recent as of this week, it has been brought to the attention of this office that there potentially exists substantial changes needed in the preliminary plat information and/or the engineering data generated by the feasibility study. These potential changes are a.rest-lt of recent discussions about the possibility of phasing certain public improvements which in turn potentially changes the scope of the preliminary plat and engineering data. As such it is recommended that the public hearing hearing be held and continued to a specified date when appropriately revised preliminary plat and engineering data is available. It is not expected that these changes will significantly effect the proposal from a planning standpoint, thus any number of planning concerns the Planning Commission may have can be addressed at Wednesday's meeting. Notwithstanding the above comments, the following are the major concerns of this office with regard to the materials received today. It is quite probable that additional right- of-way for 184th Street will need to be dedicated on the subject property in order to construct the initial street section. Additionally the construction of 184th Street should be carried out in the timely fashion to alleviate the long single access situation extant on the notth Highway 5 frontage road (West 77th Street). The applicant should be advised that access to Lot 2, Block may necessitate greater expense in design in that it crosses an open water course. The applicants attorney has indicated to me that covenants and restrictions for Park One will be submitted shortly. The Planning Commission will receive copies of this for review before a Final Plat is released. Traditionally the City Attorney's office reviews these concurrently with the drafting of the development contract. With regard to the building schematics and data on page 3 of the Park One plans, these are for concept review purposes only and do not constitute any part of the approvals at hand. Individual uses for the lots to be created are subject to site plan reviews. CITY OF CHANHASSEN 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937-1900 ENGINEER'S REPORT TO: Planning Commission FROM: Bill Monk, City Engineer DATE: May 22, 1981 SUBJ: Park One Preliminary Plat The following items were noted during review of the preliminary plat for Park One: 1. 5.0' of right-of-way is required along the entire east line for street purposes. 2. Drainage easements must be shown in areas of overland drainage and ponding. 3. Major revisions in the scope and phasing of the project are being proposed in relation to the existing feasibility study. Negotiations with the developer concerning this matter are in progress so approval of the preliminary plat at this time would seem premature. l: CITY OF CHANHASSEN AFFIDAVIT OF MAILING NOTICE OF HEARING STATE OF MINNESOTA ) ss. COUNTY OF CARVER ) Don Ashworth , being first duly sworn, on oath deposes and says that he is and was on May 20 19 81 , 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 subdivision of an approximate 46.71 acres into 12 commercial/ind. lots and in the rezoning from 4-1A to P-3 . City to the persons named on attached Exhibit "A", 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, Minnesota, and by other appropriate records. Subscribed and sworn to before me this _ day of , 1.9 Notary Public CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES NOTICE OF PUBLIC HEARING FOR REZONING AND SUBDIVISION FOR INSTANT WEB, INC. CHANHASSEN, MINNESOTA NOTICE IS HEREBY GIVEN that the Planning Commission of the City of Chanhassen, Minnesota will meet at 7:30 p.m. on Wednesday the loth of June, 1981 at the City Hall, 690 Coulter Drive, for the purpose of holding a public hearing to consider the subdivision of an approximate 46.71 acres into 12 commercial/industrial lots and the rezoning of said 46.71 acres from R-lA Agricultural Resident- ial District to P-3, Planned Community Development District. Said subdivision and rezoning is proposed for the following described tract of land: Part of the West h of the southeast 4 and part of the northeast 4 of the Northeast 4 and part of Government Lot one, all in Section 14, Township 116, Range 23, Carver County, Minnesota, lying southerly of the southerly right of way of Minnesota State Trunk Highway #5 and northerly of the northerly right of way of the Chicago Milwaukee St. Paul and Pacific Railroad Subject to County Road #17. Except Park Road. A plan showing said proposed subdivision and rezoning is available for inspection at City Hall. All persons interested may be heard at said time and place. BY ORDER OF THE PLANNING COMMISSION Bob Waibel, City Planner (Published in the Carver County Herald, May 27th, 1981) Chan 334 4940 Viiing Drive Suite 608 Edina, MN 55435 Annie Picka B.C. Burdick c/o Harvey Perbix et al Box 190 Hopkins, MN .55343 County of Carver Chaska, MN 55318 Chanhassen Lake Business Park, Ltd. Lake Susan Hills 4940 Viking Drive Edina, MN 55435 Minnesota South District Lutheran Church Missouri Synod Minneapolis, MN I CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES NOTICE OF PUBLIC HEARING FOR REZONING AND SUBDIVISION FOR INSTANT WEB, INC. CHANHASSEN, MINNESOTA NOTICE IS HEREBY GIVEN that the Planning Commission of the City of Chanhassen, Minnesota will meet at 7:30 p.m. on Wednesday the loth of June, 1981 at the City Hall, 690 Coulter Drive, for the purpose of holding a public hearing to consider the subdivision of an approximate 46.71 acres into 12 commercial/industrial lots and the rezoning of said 46.71 acres from R-lA Agricultural Resident- ial District to P-3, Planned Community Development District. Said subdivision and rezoning is proposed for the following described tract of land: Part of the West of the southeast 4 and part of the northeast 4 of the Northeast 4 and part of Government Lot one, all in Section 14, Township 116, Range 23, Carver County, Minnesota, lying southerly of the southerly right of way of Minnesota State Trunk Highway #5 and northerly of the northerly right of way of the Chicago Milwaukee St. Paul and Pacific Railroad Subject to County Road #17. Except Park Road. A plan showing said proposed subdivision and rezoning is available for inspection at City Hall. All persons interested may be heard at said time and place. BY ORDER OF THE PLANNING COMMISSION Bob Waibel, City Planner (Published in the Carver County Herald, May 27th, 1981) CITY OF CHANHASSEN AFFIDAVIT OF MAILING NOTICE OF HEARING STATE OF MINNESOTA ) ss. COUNTY OF CARVER ) Don Ashworth and says that he is and was on May 19 being first duly sworn, on oath deposes 19 81 _, 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 Pre- liminary Plat for subdivision for Park One in the City to the persons named on attached Exhibit "A", 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, Minnesota, and by other appropriate records. i Subscribed and sworn to before me this day of 19 Notary Public CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES NOTICE OF PUBLIC HEARING FOR PRELIMINARY PLAT AND SUBDIVISION FOR GABERT AND GABERT, AND THE PRESS, INC. CHANHASSEN, MINNESOTA NOTICE IS HEREBY GIVEN that the Planning Commission of the City of Chanhassen, Minnesota, will meet on Wednesday, the 27th day of May, at 9:15 p.m. at the City Hall, 690 Coulter Drive for the purpose of holding a public hearing to consider the Preliminary Plat for subdivision of the following described tract of land: PARK ONE A plan showing said proposed subdivision is available for inspection at City Hall. All persons interested may appear and be heard at said time and place. BY ORDER OF THE PLANNING COMMISSION Bob Waibel, City Planner (Published in the Carver County Herald, May 13, 1981) Annie Picha C/o Pervix Harvey & Simons P.O. Box 190 Hopkins, MN 55343 Lyman Lumber Company P.O. Box 40 Excelsior, MN 55331 Gabert & Gabbert 3510 70th St West Edina, MN 55435 Frank W. Griswold 1212 Chestnut Avenue Minneapolis, MN 55403 Henry C. Dimler -6500 France Ave South Edina, MN 55435 MTS systems Corp. P.O. Box 24012 Minneapolis, MN 55424 CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES NOTICE OF PUBLIC HEARING FOR PRELIMINARY PLAT AND SUBDIVISION FOR GABERT AND GABERT, AND THE PRESS, INC. CHANHASSEN, MINNESOTA NOTICE IS HEREBY GIVEN that the Planning Commission of the City of Chanhassen, Minnesota, will meet on Wednesday, the 27th day of May, at 9:15 p.m. at the City Hall, 690 Coulter Drive for the purpose of holding a public hearing to consider the Preliminary Plat for subdivision of the following described tract of land: PARK ONE A plan showing said proposed.subdivision is available for inspection at City Hall. All persons interested may appear and be heard at said time and place. BY ORDER OF THE PLANNING COMMISSION Bob Waibel, City Planner (Published in the Carver County Herald, May 13, 1981) CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES NOTICE OF PUBLIC HEARING FOR PRELIMINARY PLAT AND SUBDIVISION FOR GABERT AND GABERT, AND THE PRESS, INC. CHANHASSEN, MINNESOTA NOTICE IS HEREBY GIVEN that the Planning Commission of the City of Chanhassen, Minnesota, will meet on Wednesday, the 27th day of May, at 9:15 p.m., at the City Hall, 690 Coulter Drive for the purpose of holding a public hearing to consider the Preliminary Plat for subdivision of the following described tract of land: Park One A plan showing said proposed subdivision is available for inspection at City Hall. All persons interested may appear and be heard at said time and place. BY ORDER OF THE PLANNING COMMISSION Bob Waibel, City Planner (Published in the Carver County Herald, May 11, 1981) I-) (8480 Official Publication) CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES NOTICE OF PUBLIC HEARING FOR PRELMI]NARY PLAT AND SUBDIVISION FOR GABERT AND GABERT, AND THE PRESS, INC. CHANHASSEN, MINNESOTA NOTICE IS HEREBY GIVEN that the Planning Commission of the City of Chanhassen, Minnesota, will meet on Wednesday, the 27th day of May, at 9:15 p.m., at the City Hall, 690 Coulter Drive for the purpose of holding a public hearing to consider the Preliminary Plat for subdivision of the following described tract of land: Park One A plan le for said proposed subdivision is a Inspection at City Hall. All persons in- terested may appear and be heard at said time and place. BY ORDER OF THE PLANNING COMMISSION Bob Waibel, City Planner (Published in the Carver County Herald, May 13, 1981) Affidavit of Publication Sate of Minnesota ) ) ss. County of Carver ) Stan Rolfsrud being duly sworn, on oath says he is and during all the time herein stated has been the publisher and printer of the newspaper known as Carver County Herald and has full knowledge of the facts herein stated as follows: (1) Said newspaper is printed in the English language in newspaper format and in column and sheet form equivalent in printed space to at least 900 square inches. (2) Said newspaper is a weekly and is distributed at least once a week. (3) Said news paper has 50% of its news columns devoted to news of local interest to the community which it purports to serve and does not wholly duplicate any other publication and is not made up entirely of patents, plate matter and advertisements. (4) Said newspaper is circulated in and near the municipality which it purports to serve, has at least 500 copies regularly delivered to paying subscribers, has an average of at least 75% of its total circulation currently paid or no more than three months in arrears and has entry as second-class matter in its local post -office. (5) Said newspaper purports to serve the City of Chaska in the County of Carver and it has its known office of issue in the City of Chaska in said county, established and open during its regular business hours for the gathering of news, sale of advertisements and sale of subscriptions and maintained by the managing officer of said newspaper, persons in its employ and subject to his direction and control during all such regular business hours and at which said newspaper is printed. (6) Said newspaper files a copy of each issue immediately with the State Historical Society. (7) Said newspaper has complied with all the foregoing conditions for at least one year preceding the day or dates of publication mentioned below. (8) Said newspaper has filed with the Secretary of State of Minnesota prior to January 1, 1966 and each January 1 thereafter an affidavit in the form prescribed by the Secretary of State and signed by the managing officer of said newspaper and sworn to before a notary public stating that the newspaper is a legal newspaper. He further states on oath that the printed___Legal #8680 hereto attached as a part hereof was cut from the columns of said newspaper, and was printed and published therein in the English language, once each week, for 1 successive weeks; that it was first so published on Wed t e 13th May 81 -We- day of 19 and was thereafg4 printed and published on every E S ad to and 1 J V+ Of including the day of 19_- 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: Subscribed and sworn to before me this abcdefghijklmnopgrstuvwxyz Al�day of -- -- " - - CYNTHIA A. NOLDEN ( 1r10TARY PUBLIC. MINNESOTA CARVER i� CWnmisFion Exp ees OcNf. 288.1966 19-0 Notary public, ed"ounty, inneso My Commission Expires 19 pa��- on ' RECEIVED MAY 7 wi CRA RULL SSE YDRHANHASSEN OF COUN5EL HARVEY E. SKAAR MARK C. McCULLOUGH Bill Monk City Engineer Box 147 Chanhassen MN 55317. Res Dear Bills LAnSON SIC MEnTZ ATTORNEYS AT LAW 1900 FIRST BANK PLACE WEST MINNEAPOLIS, MINNESOTA 55402 May 6, 1981 TELEPHONE (612) 335-9565 Tax Increment Financing District No. 2 (Park One) You have asked for a clarification regarding whether tax increment revenues may be used for the signalization and channelization improvements which are proposed for the intersection of Highway 5 and West 184th Avenue. It will not be legally possible to accomplish this improvement with tax increment monies unless the economic -development district boundaries are verfied by a survey and some sort of joint financing package can be worked out with the City of Eden Prairie. The City Council established two types of districts in connection with Park One. First, that portion of Chanhassen lying within Hennepin County was established as a "municipal development district" under Chapter 472A of Minnesota Statutes. Second, the Park One portion of the "municipal development district" was established as an Economic Development District under Chapter 273 of the statutes. Chapter 273 is the 1979 reform legislation which imposes uniform procedures and standards on all new tax increment districts, whether operated by an HRA under Chapter 462 or by a City Council under Chapter 472A. Only the Park One area (north of Highway 5) was established as an economic development district because 9273.75(1) provides that these collapse on the loth anniversary of their establishment. The Council did not want the "10-year clock" to start running on the area south of Highway 5 until such time as additional public improvements in that area were imminent. Chapter 472A provides that tax increment money can only be spent in accordance with the "development program," which is defined as "...a complete statement as to the public facilities to be constructed within the district." Eden Prairie is not "within the district" and could not be made a part of the district. Thus, Chanhassen cannot expend tax increment dollars on improving that portion of the Highway 5/184th Avenue intersection which lies within Eden Prairie. Bill Monk May 6, 1981 Page Two There is an additional complicating factor. The signalization and channelization is to be constructed as part of the economic development district for Park One. Tax increment monies received from the economic development district can only be expended on improvements constructed within the district. The southerly line of the economic district is the boundary between survey Section 7 and 18. When the economic development was first approved by the City Council, I examined Schoell & Madson's feasibility study for these improvements and thought that they would be wholly within Section 7. However, in now comparing Exhibit 11002-1 in the feasibility study with some survey maps in our files, I realize that a portion of the right -turn lane for eastbound. Highway 5 traffic may actually lie within Section 18 (and thus lie outside of the economic development district). Conclusion - it appears that the improvement of the Highway 5/184th Avenue intersection cannot occur unless a) the work is done as a joint Chanhassen -Eden Prairie project, and b) the southerly line of the economic development district is surveyed to verify that the right -turn lane for eastbound Highway 5 traffic actually lies within Section 7. Very truly yours, CRAIG M. MERTZ Assistant Chanhassen City Attorney CMM•ner cc: Don Ashworth Jim Orr SPECIAL CITY COUNCIL MIN -'';S - April 27, 1981 A special meeting of the Chanhassen City Council was called to order on Monday, April 27, 1981, at 7:30 p.m. by Acting Mayor Neveaux. The following members were present: Acting Mayor Neveaux, Councilmen Swenson, Geving and Horn. Mayor Hamilton was absent. Acting Mayor Neveaux requested a moment of silence to wish Mayor Hamilton well in his surgery. CONDITIONAL USE PERMIT RENEWAL REQUEST, DALE GREEN: A motion was made by Councilman Geving and seconded by Councilman Horn to table action on this item until May 18, 1981. The following voted in favor thereof: Acting Mayor Neveaux, Councilmen Swenson, Geving and Horn. No negative votes. Motion carried. DEVELOPMENT AGREEMENT, PARR I PROPERTY, INSTANT WEB: The City Attorney reviewed the outline of the Proposed Memorandum of Intent for Park One. A motion was made by Councilman Swenson and seconded by Councilman Horn that this Memorandum of Intent should not be considered by the City Council until scene meeting date after signing of the Kraus Anderson/Bloomberg Companies/Instant Web contracts for the downtown redevelopment plan. Motion withdrawn. A motion was made by Councilman Horn and seconded by Councilman Geving to table action on the Park one agreement pending resolution of agreement by the attorney and pending resolution of all three major development contracts relating to the downtown project. The following voted in favor thereof: Acting Mayor Neveaux, Councilmen Swenson, Geving and Horn. No negative votes. Motion carried. HANUS DEVELOPMENT CONTRACT: The Assistant City Attorney presented his report dated April 23, 1981, to the City Council. The City Council discussed their desire for adequate screening for the Hanus outdoor storage area and recalled previous actions and discussions in regards to this issue and other conditions of previous amendments. A motion was made by Councilman Horn and seconded by Councilman Swenson to approve Recommendation No. 2 as outlined in the Assistant City Attorney's report dated April 23, 1981, stating that staff be directed to prepare amendment language which would :substitute provisions for. full screening from public view. The following voted in favor thereof: Acting Mayor Neveaux, Councilmen Swenson, Geving and Horn. No negative votes. Motion carried. Councilmen Swenson and Geving will work with staff to develop an appropriate screening plan for the open storage area. Changes must be consistent with the uses in the zoning ordinance and the Overlay District. A motion was made by Councilman Swenson and seconded by Councilman Geving that all contracts requiring Council action, either by State law or under ordinance, must be either prepared or reviewed and approved by the City Attorney's office prior to submission to the City Council. The following voted in favor thereof: Acting Mayor Neveaux, Councilmen Swenson, ceving and Horn. No negative votes. Motion carried. SIGN PERMIT REQUEST, WEST 78TII STREET AND MONTEREY DRIVE, JIM BURDICK: Community Development Director, Scott Martin reviewed the sign request with the City Council. A motion was made by Councilman Horn and seconded by Councilman Geving to approve the Burdick Sign request contingent upon the following conditions: 1. That the sign be removed when all the lots are sold. 2. The owner provide maintenance and clean up around the sign. t" WILLIAM D. SCHOE CARLISLE MADSON JACK T. VOSLER JAMES R. ORR HAROLD E. DAHLIN LARRY L. HANSON JACK E. GILL THEODORE D. KEMNA JOHN W.- EMONO KENNETH E. ADOLF WILLIAM R. ENGELHARDT R. SCOTT HARRI GERALD L. BACKMAN Korsunsky Krank Erickson Architects, Inc. c/o Mr. Jerry.Korsunsky 600 South County Road 18 Minneapolis, Minnesota 55426 Subject: Dear Mr. Korsunsky: 4: SCHOELL & MAOSON. INC. ENGINEERS ANO SURVEYORS 0) 38-7601 • 50 NINTH AVENUE SOUTH • HOPKINS. MINNESOTA 55343 January 26, 1981 The Press Parking Lot and Truck Load Area Pavement Breakup With reference to the above named problem that did occur at or near the construction time of the City of Chanhassen Trunk Highway No. 5 service road project, we herein transmit a contri- bution from the City's contractor (Brown & Cris, Inc.) and ourselves. This settlement is intended to eliminate the need for legal action. On the back of our check is a release that protects ourselves and the City of Chanhassen from any existing or future claim related to this matter. The check is in the amount of $200.00 and Brown & Cris' check is $500.00. By approving this settlement, we or Brown & Cris do not acknowledge responsibility for the pavement failure. On the contrary, I have consistently said that the problem was caused by underdesign on the part of your civil engineer. In principle, we are opposed to settlements of this type, but if we can avoid a law suit involving the City and ourselves for $200.00, we consider it a practical method of disposing of the problem. JROrr:mkr cc: Mr. Don Ashworth Brown & Cris, Inc. Very truly yours, SCHOELL & MAD�SON, INC. FEB1981 N I aEC�EWELD v CHANHABag�'Ir �6 NIIINN. \10 MINUTES OF THE REGULAR CHANHASSEN PLANNING COMMISSION MEETING HELD DECEMBER 10, 1980, AT 8:00 P.M. CHANHASSEN COUNCIL CHAMBERS Members Present: Chairman C. Horn, T. Hamilton, W. Thompson, -and A. Partridge. Members Present: W. Johnson, J. Thompson, and M. Thompson. Staff Present: M. Koegler, B. Waibel, C. Mertz, and N. Rust. Approval of the November 19, 1980, Planning Commission Minutes: Mr. Partridge moved toapprove the November 19, 1980, Planning Com- mission Minutes. Mr. Hamilton seconded the motion. All voted aye. Motion carried. Discussion, Comprehensive Plan Draft_: Mr. Koegler presented a schedule for the completion of the Comp- rehensive Plan with the final adoption proposed to occur on April 1, 1981. The Commission reviewed that portion of the Comprehensive Plan up to the Land Use Section and made selected woad- changes within the contents. Chairman Horn expressed concern about the maintenance of park and. recreation areas and Mr. Koegler responded to him that a portion of that information on maintenance would be included within the Capital Improvements Program, which was not yet completed. Concern was also expressed on plans for adequate fire protection within the city and Mr. Koegler stated the Comprehensive Plan made provision for two fire stations, the exi'sti`ng station and the satellite fire station proposed for the northwest section of the city; he further stated it was expected those two facilities would be adequate for the next ten-year period. Discus-ston occurred on the placement of solar energy withi-n public b-01dings and on the preservation of fram land. Discussion closed with no motion necessary. Park I, Municipal Development District and Tax Increment District: Mr. Mertz explained the background for the Park I tax increment district proposal. He said there were seven different statues.in the state which allowed cities to establish tax increment districts. The developer, fn thi's case, was proposing the use of the Municipal Develop- ment District Act rather than the H.R.A. statute which was being used for the downtown project, thus this project would not be an H.R.A. project but would be the responsib-i'lity of the City Council. Mr. Mertz noted that this act di-d not require the established district be blighted. Minutes of the 12-10-80 Planning Commission Meeting Page 2 Mr. Mertz indicated that there were actually two statutes which must be dealt with in this situation: (1) the Municipal Development Act which authorizes the district and (2) Chapter 273, which is comparable to a set of safeguards the State Legislature has imposed upon all newly created tax increment districts. Thus, any value created inthat district would be shared in the Metropolitan Fiscal. Disparities Pool and.the City was obligated to send a copy, of the District plan to the Hennepin County Board and the Eden Praitri'e School District for their comments. He continued that once the district was- created, there were certain rpeorts on performance which would have to -be prepared on an annual bas-i's. This district could only exist a period ,of eight (8)_ years. Mr. Mertz said th,e l4untcipal Development Di'stri,ct should be viewed as the total long range plan and the tax. Increment district should be viewed as the short run development plan for tKe needs of "'The Press only. He then proceeded to discuss the elements ftcl uded wttti each di'stri'ct designation and to relay the goals of the developers for the Munitipal Development District. Dtscussi`on occurred on the existing -traffic problem with, the i.nter- sectron of [itghway, 101 and the north frontage road. Mr--. Mertz then explained the ,map of the proposed Muni,ci'pal Development District and the improvements, wi:thtn it, whicK were: (_1)_ 184th Avenue becoming a 4- land road and. ending in the Milwaukee Road right-of-way; (2) construction of West 77th Street behind "The Press" building; (3) construction of the new internal road; and (4) the extensionof the south frontage road easterly of .the Eden Prairie line. Chairman Horn disagreed with the Plan's statement that "there are no improvements programmed for Highway 5 in the vicinity of the develop- ment area," and said it was his understanding that Eden Prairie had proposed.a four -lane of Highway 5 west of Chanhassen in their Comprehen- sive Plan. Di'scussi'on occurred on the number of employment opportunities which would result from this project and of the transportation plan for the area, i,. e. , srgnal 1 ing. Mr. Mertz stated that two different consultants worked on the expend- iture portion of the 1pl an, B. R. W. , whose responsibi'l i ty was to work out the finances, and Schoell and Madson, whose responsibility was to do the engi'neeri`ng and cost estimates for the actual construction. He said there was a slight vari'atfon between the figures prepared by the two consultants but that variation was not significant. He further said that according to B.R.W. project costs would be paid 80 percent through tax increment with the remaining 20 percent coming from special assess- ments. According to the Schoell and Madson study, 74 percent of the project costs would be covered by tax increment and 26 percent through special, assessments. Minutes of the 12-10-80 Planning Commission Meeting Page 3 Mr. Mertz reviewed the assumptions made in the B.R.W. report on the cash flow and said the conclusion was that if these assumptions were correct, there would be adequate funds to pay for the improvements at the end of the eight -year period. Discussion occurred on the modification process of an adopted plan such as the proposed and Mr. Mertz explained the process was es- sentially a review by the Planning Commissionand a final decision by the City Council. Chairman Horn noted that his concern was with the transportation section of the proposal and that it should be consistent with the City's Comprehensive Plan. Mr. Waibel noted that both the Comprehensive Plan of 1968 and that under draft at the present time indicated the subject property to assume and maintain an industrial identity; the current zoning was P-4, Planned Industrial District. He further said the pro- posed plan was consistent with previous plans on the Park I. site. Chairman Horn said he would not like to see a signal at 184th Street prior to the removal of the Dakota Avenue signal lights. Dis- cussion occurred on thetraffic flow into the subject area. Mr. Frank Bedore, the applicant, discussed the background of the proposal with the Commission. Mr. Hamilton moved the Planning Commission resolve the Municipal Development District No. 1 and Tax Increment District No. 2 Plan was.- consistent with the Comprehensive Plan for the City of Chanhassen relative to land use, sewer, water, and storm sewer. However, the Commissi,onfound some discrepancy in the transportation portion, such discrepancies being the stoplight at 184th Street and the.stoplight at Dakota Avenue. The Commission felt the issue of how they would tie 184th Street into Highway 101 had not yet been resolved, also, and should be taken into consideration. The Commission wished to note that the stoplight at Dakota Avenue would have a bearing on the frontage road south of Highway 5. Motion was seconded by Mr. Partridge. All voted aye. Motion carried. Adjournment Meeting adjourned at approximately 11:00 p.m. .l< �J)tzl�' AV-z- e-� CITY OF t Iff -A 7610 LAREDO DRIVE ` P.O. BOX 147 o CHANHASSEN, MINNESOTA 55317 (612) 937-1900 MEMORANDUM TO: City Manager, Don Ashworth City Attorney, Russ Larson City Engineer, Jim Orr City Treasurer, Kay Klingelhutz FROM: Land Use Coordinator, Bob Waibel DATE: October 29, 1980 SUBJ: Status of Escrow Accounts, No. 929, No. 927, No. 960, and No. 920. The following are my comments on the subject -accounts: 1. Account No. 929 - Fair Acres Addition.- Robert Mork: I have been informed that Mr. Mork has dropped his request and has sold the property to Mr. Ken Durr; I recommend remitting the balance and closing the.account. 2. Account No. 927 - Lyman Lumber Phase II: I pre- sume that this phase is completed for staff work with the exception of the engineering review as outlined in the attached October 14, 1980, memorandum. If there are any other considerations, please note such on the attached escrow estimate -sheet. and return Applicant will then be notified of ..the deficit _and estimate .of work„ r_emai-ning. 3. Account No. 960 - Sunrise Beach: Please -fill out .the attached escrow estimate sheet�;carrying the case through final plat and inspection;'of installation of improvements. Upon receipt of such, the applicant will be notified of pending deficits and estimated staff costs through -__:project completion. 4 4. Account No. 920 - Instant Webb Replat: Need estimates as per the attached escrow estimate sheet. The applicant will be notified as in two and three of the above. BW:nr p�V Y/ Ct�ttC I TY'9 F 1�T�.g ��, iP � �. �_ tit T' •� :. 474-8885. October 2, 1980 Alexander and Alexander' P.O. Box 1360 Minneapolis, Minnesota SS440 Attention: Tom Brussel Dear Mr. Brussel : The City of Chanhassen has inspected The Press, located at.18780 West 78th Street; Chanhassen, Minnesota, and found that all construction has been done per the Development Contract. Therefore, you may release fbe bond in the sum of $20,000. Since e-L, srry chlenk Building Inspector JS : nr cc Gabbert & Beck Roger `Drewing .r;•""'- Gabbert & Beck 3510 WEST 70TH STREET EDINA, MINNESOTA 55435 16121925-4321 September 25, 1980 Mr. Roger Drewing The Press, Inca 18780 West 78th Street Chanhassen, MN 55317 RE: ROOFTOP SCREENING Dear Roger: This is to confirm our conversation regarding screening of rooftop equipment on the Press/Reply Systems building and release of the construction bond. The City of Chanhassen must authorize release of .the bond prior to October 1, 1980, or the bond would have to be renewed for another year at a significant cost to the project and your firm. Bob Waibel at the City has indicated that the horizontal piping near the transition of the two -buildings must be screened before he will release the bond. I'suggest you confirm this with him prior to starting the work and. advise Mr. Waibel immediately upon completion for his inspection. Please advise Gabbert & Beck as well so we may notify the bonding company. Thank you. Sincerely, 9 Larry R. Koechel, Project Manager CC: Mr. Frank Beddor, Jr. Mr. Bob Waibel Mr. Tom Brussel RECEIVED VIL LAOR OF CHANHASS ai N, MINN, IN THE GALLERIA CITY OF CHASHAOSEN 7610 LAREDO DRIVE ! P.O. BOX 147 0 CHANHASSEN, MINNESOTA 55317 (612) 937-1900 September 25, 1980 Bather, Ringrose & Wolsfeld Attn: Mr. Peter Jarvis 2829 University Ave. SE Minneapolis, MN 55414 Dear Mr. Jarvis: I apologize for the failure in commui ,ication, at the City level, in requesting your -office to prepare as cost estimate to carry out an economic development district within the Park One area. This .area would include properties proposed to be developed by Frank Beddor and, if possible, those abutting properties closely aligned from a planning, utility, etc. standpoint. As you will note, I am sending a copy of this'letter to.Craig Mertz, Assistant City Attorney. Via this letter, I am requesting him to forward to your office the,'f indings made by both himself and Jules Smith in obtaining City.Council approval to. proceed with the detailed study phase. After you, -have received such a documentation from Craig, I would request that. you contact him to see if your office and his office can jointl.y,;:work on the introduction area of the study regarding land areas to be ircluded`'as well as findings that neat. st be made by the Council. - Fna_lly, I ,would --:assume that either yourself; or Arjis will be coritacting me to outline the improvementsz,-7ich are likely to be included within the study area. Based.on''the above information, I am confident''that-you can, supply; me with a rough estimate of the cost for such a study. Once received, I will request Mr. Beddor to escrow this amount with the City prior to authorizing you to proceed with the actual study' itself - assumIng that suitable contractural arrangements can be'agreed to between yourself and the City.. Should you have any questions in regards to this letter, please feel free to contact me. Sincere17), Don Ashworth cc: Craig Mertz, Asst. City Att orney City Manager KORSUNSKY KRANK ERICKSON ARCHITECTS. INC. August 21, 1979 Mr. W. Ziemer ,Lyman Lumber Co. 300 Morse Avenue Excelsior, MN 55331 Re: Reply Systems, Inc. Comm. No. 79-52 Dear Bill: ARCHITECTS / PLANNERS INTERIOR DESIGN As we discussed via telephone, we anticipate construction of an addition to The Press, Inc. this fall. Rough grading for this addition, Reply Systems, Inc., should begin in mid -September. We are also in the process of continuing a rough, gravel road beyond The Press, Inc., into the north portion of the property. This area is referred to as Park One. We will be grading adjacent to your east property line and intend to rework this area into a more gentle slope to reduce possible soil erosion. This work shall be contained to the public road right-of-way and shall not damage existing trees. Mr. Bob Wiabel, Chanhassen Planner, is aware of our intent and has indicated we may proceed with your consent. This work will be at no cost to you or the City. We are pleased that this work is acceptable to you. Should you have any questions, please do not hesitate to call. Sincerely, K SUNSKY KRANKERICKSON ARCHITECTS, INC. Dary P. Fortier DPF/dkj cc: Frank Beddor, Jr. Bob Wiabel t AUG 1979 RECEIVED VI r eQg CE CHANHASSLrN, MIND n 555 SF LARD TOWER 600 SOUTH COUNTY ROAD 18 MINNEAPOLIS, MINNESOTA 55426 (614546-5M P52L-1 CITY OF CHANHASSEN 7610 LAREDO DRIVEOP.O. BOX 1470CHANHASSEN, MINNESOTA 55317 (612) 474-8885 MEMORANDUM TO: Jim Orr, City Engineer Jerry Schlenk, Building Inspector FROM: Bob Waibel, Land Use Coordinator DATE: August 21, 1980 SUBJ: The Press, Inc., Performance Bond (File Case No. P524). Please note in the attached, that the subject bond is up for renewal on September 6, 1980. The purpose of this bond is to assure that the applicant has made all improvements to the subject property as proposed in the plans approved. In order to properly inform the bonding company, I will need an Inspection Report from your offices regarding the status of completion and racceptability of the said improvements. BW:nr V" Attachment cc: Don Ashworth, City Manager Russ Larson, City Attorney Inspection of The Press, Inc., property by Bob Waibel, August 19, 1980: Items needing completion: 1. Sodding and seeding over storm sewer along the southerly property line. 2. Sodding and seeding along the westerly property line in front of Reply Systems, Inc. 3. Screening of mechanical equipment on Reply Systems, Inc. August 4, 1980, Counc:,l Meeting -2 . SPECIAL COUNCIL MEETING: The Council will hold a special meeting August 14 1980, to review proposed assessments with the City Engineer. BALTIC CORPORATION NON-COIIE'OR,"ICNG USE PERMIT: At the Councill's request, Lon Holte was present to review items not completed as setforth in the norr-conforming use permit. No action was taken. The City Attorney will proceed with court action against Baltic Corporation and Transamerican Insurance Company.. LAKE LUCY WATERMAIN PROJECT:. The City Manager discussed his report of July 21, 1980. The Planning Commission recommended that the Council not construct the Lake Lucy Road watermain but instead drill another well at wellfield IV3.. Primary concern by the Planning Catmmission was the. comparison of $125, 000 for- a- new well. versus $330, 000 for the Lake Lucy. Road watermain construction. Council members. discussed a connection frcm, the new. well in- Chanhassen Lakes Business Park a]:org State Highway 5 west to Galpin Blvd. and north, or, Galpin Blvd. to the existh-yj well. Councilman Neveaux moved to table action until. the City Manager defines the costs of running a line along Highway 5 to Galpin Blvd. and ways to find the project. Motion seconded by Councilman Swenson. The following voters in favor: Mayor Hobbs, Councilmen Pearson, Neveaux, Geving, and Swenson. No negative votes. Motion carried. *NORTH AREA ASSESSMENT - HOWARD VERIA: Mr. Verlo was present requesting an explanation of his assessment. The City Attorney will.meet with Mr. Verlo to explain the assessment. PUBLIC NUISANCE, 6669 hTZ PERCE DRIVE: A signed petition was receivedfrom the residents of the 6600 block of.Nez Perce Drive in Carver Beach requesting assistance in restoring the neighborhood to the quiet.and_:safe place it was. Captain Al Wallin, Sheriff's Office, and several neighbors were present, No action was taken. PUBLIC IMPROVEMENT PETITION, IOTCJS TRAIL: A signed petition hasbeen received requesting the paving of Lotus Trail. Several residents were present.. Councilman Pearson moved to authorize a feasibility studyfor the paving of Lotus Trail and refer the question as to how to resolve the apparent conflict between. the Carver Beach Plan and actual property usage.. patters. to. the Park ard Recreation Commission and Planning Commission for their consideration. Motion seconded by Councilman Geving. The following voted. in favor:. Mayor Hobbs, Councilmen Pearson* Neveaux, Geving, and Swenson. No negative votes.. Motion carried.. PARK ONE DEVELOPMENT PROPOSAL: Julius Smith, Jerry Korsunsky, and Daryl. Fortier were present. The Planning Canuission has recommended that the Council approve a generalized sketch plan reflecting that the northerly portion of Park One be developed as a planned -.industrial area. Councilman Pearson moved to authorize staff to solicit proposals to prepare a feasibility study and prepare a tax increment financing plan_ An escrow account. will be established to cover all possible contingencies involved in the prepaxation of reports and staff time. Motion seconded by Councilman Neveaux. The following voted in favor: Mayor Hobbs, Councilmen Pearson, Neveaux, Geving, and Swenson. No negative votes. Motion carried. Mayor Hobbs moved that assuming the project is feasible, in order to proceed under either a public improvement project or an economic development district the City Council is of a mind that the project would have to be guaranteed. Motion seconded by Councilman Geving. The following voted in favor: Mayor I KORSUNSKY KRANK ERICKSON ARCHITECTS, INC. ARCHITECTS / PLANNERS / INTERIOR DESIGN M E M O R A N D U M PROJECT: Park One TO: All Present FROM: Daryl P. Fortie SUBJECT: Progress Meeting DATE: July 21, 1980 COMM. NO. 79-15 PRESENT: Jerome Carlson - Instant Web, Inc. Walter Hobbs - Mayor of Chanhassen Don Ashworth - Chanhassen City Manager Bob Waibel - Chanhassen Land Use Coordinator Daryl P. Fortier - KKE JUL1980 RECEIVED VILI,AGB OF CHACb N14ASSEN, MINN. �� 1. Don Ashworth noted that the presentation to the City Council on the economic development district has been rescheduled for August 4, 1980. 2. It was noted that Instant Web, Inc., is concerned about a duplication of efforts to arrive at the final plat and development of Park ORe. Some of these duplicated costs could be avoided. After a general discussion of this item, it was noted that we should request a feasibility study for the public improvements at Park One, at the August 4 City Council meeting. Korsunsky Krank Erickson Architects and Schoel and Madson could work jointly to mini- mize duplicated efforts. With this in mind, the August 4 meeting will consider three issues: . a. Concept approval on land development. b. Request for feasibility study on public improvements. C. Consideration of economic development district. 3. The City has some concern about the cost incurred in developing feasibility studies. -As such, Instant Web will be asked to stand behind the cost of these studies. When the project goes ahead, these costs would be included as part of the development. Should the project not proceed for any reason, these costs will be borne by Instant Web. The City Attorney's office and Jules Smith will be asked to consider whether or not all costs incurred in establishing the economic development district can be included as improvement costs. This would include architectural, engineering, survey and legal costs to date as well as following adoption of economic development district. 555 SHELARD TOWER 600 SOUTH COUNTY ROAD 18 MINNEAPOLIS, MINNESOTA 55426 (612)546-5381 1 July 21, 1980 Page Two Comm. No. 79-15 4. The need for a Letter of Credit was pointed out by Mayor Hobbs. It is intended that the Letter of Credit serve to guarantee timely payments for public improvements. The City has found that the cost of a Letter of Credit is generally quite reasonable. Jerome Carlson willexplore this item with Frank Beddor. DPF/dkj cc: Frank Beddor Jules Smith (1 L4q KORSUNSKY KRANK ERICKSON ARCHITECTS, INC. July 8, 1980 Mr. Bob Waibel Land Use Coordinator City of Chanhassen 7610 Laredo Drive Chanhassen, MN 55317 Re: Chan Plan Park One Comm. No. 79-15 Dear Bob: ARCHITECTS / PLANNERS / INTERIOR DESIGN As we discussed the other day, there are several items that you have noted as being missing for the replat requested at Park One. I would like to briefly go through them here, and explain our intended action. Please refer to your letter of May 22, 1980. 1. The boundry line survey is presently on file at the City of Chanhassen, however, we shall request an additional survey of the approved plat of Park One be sent to you. 2. The above referenced plat will show total acreage. 3. Information on existing streets and sanitary sewers is only available through the City Engineer. This consists solely of the frontage road that was constructed last year. No other such development is within 100 ft. of this plat. 4. No restrictive covenants are available or proposed. V_ 5. No soil test have been conducted. 6. There are no proposed names for the streets. 7. There are no proposed alleys, pedestrian ways or utility easements. JUL1980 RECEIVED VILLAW CM 'CHANHASSM MINK stir 8. Proposed water line grades and profiles for streets, sanitary sewers, etc., shall be provided by the engineer doing this work. This this case, that would be the City of Chanhassen. We are not proposing that we re- ceive engineering approval, but merely plat approval. 555 SHELARD TOWER 600 SOUTH COUNTY ROAD 18 MINNEAPOLIS, MINNESOTA 55426 (612)546-5381 Mr. Bob Waibel July 8, 1980 Page Two Comm. No. 79-15 9. Lot sizes will be provided to the nearest 1/10 ft. upon engaging a surveying team. We are 'hopefull that our approximate dimensions will be sufficient at this time to secure preliminary approval. 10. Similarly, all other areas such as the areas dedicated to public use shall be identified included areas. We again ask that we receive preliminary approval prior to identifying the exact size of these areas. 11. As you note, we have a general proposal on how we intend to deal with water. However, until we receive preliminary approval of this subdivision, we feel it is premature to get more detailed. 12. The proposal for street lighting, curbs and gutters will be made with the request for City improvements and is not a part of this plat approval process. 13. Presently, Park One has only a single access. We are optimistic that this will be alleviated should the City proceed to extend improvements through Park One and connect to Highway 5. We will be pleased at that time to cooperate with the Minnesota Department of Transportation regarding access to Highway 5. Bob, I am hopeful you agree we need incur no engineer or survey work at this time until preliminary plat approval has been secured. At that time, we can determine whether or not the City intends to put in public improvements. Presently, we are requesting only subdivision approval for the preliminary plat. We are not proposing any construction work. We would appreciate your review of the above comments and the scheduling of this preliminary plat before the Planning Commission, at your earliest convenience. Sincerely, KD.RSUNSKY KRANK ,&P I CKSON ARCHITECTS, INC. Daryl Fortier DPF/dkj cc: Frank Beddor Jerome Carlson Jules Smith 4_ Pfe INSTANT SERVICES, INC. FRANK BEDDOR, JR. October 29, 1976 Mr. Don Ashworth City Administrator City of Chanhassen 7610 Laredo Drive Chanhassen, MN 55317 Dear Mr. Ashworth: We are proceeding with paving the existing City right-of-way South of our facility. We hereby agree that this decision will not limit the City's ability to determine the existence or improvement of such road. We, further, state we will present to the City within 90 days from this date, a parking and landscape plan for our new facility. Should we fail to proceed in the matter herein outlined, we agree to remove such blacktopping or portion required by the City at our own expense; or agree to allow the City to cause such removal to occur and assess the costs of such to us. Sincerely yours, INSTANT SERVICES, INC. ank Beddor, Jr. Secretary FB:k