78-XX - Roos Office Building SPRMEMO TO:
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CITY OF
7610 LAREDO DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317
(612) 937-1900
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'Me following is a list of very.`old escrow accounts which we have not
been able to collect. I would like to reconanend that money be transferred
in from the General Fund and these accounts be closed.
#910 R. S 228.76
J #938 FHarl Koehn 59.40
I #940 = Roos Prof. Building 99.60
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COPIES OF THE INDIVIDUAL STATEMENTS ARE ENCIOSED.
CC/ Russ Larson
Bob Waibel
Scott Martin
Chanhassen, Minn.,-------- —19—
IN ACCOUNT WITH
CITY OF CHANHASSEN
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CITY OF CHANHASSEN
CARVER AND HENNEPIN
COUNTIES, MINNESOTA
NOTICE OF PUBLIC HEARING
ON PROPOSED PLAN
AMENDMENT FOR MTS
SYSTEMS,
CHANHASSEN,MINNESOTA
NOTICE IS HEREBY GIVEN, That the Planning
Commission of the City of Chanhassen, Minnesota, will
meet on Wednesday, the 14th day of June, 1978, at 10:45
p.m. at the City Hall, 7610 Laredo Drive, Chanhassen,
Minnesota, for the purpose of holding a public hearing to
consider the amending of the MTS Development Plan to
allow for the construction of a office/professional
building proposed on the following described tract of
land:
The north % of the northwest Y4 of Section 18,
Township 116, Range 22, Hennepin County, Minnesota,
except that part taken for State Trunk Highway No. 5
and Except the 16.5 feet thereof. Also, except the east
180.0 feet of the west 1249.34 feet of the north 317.0 feet of
the north % of the northwest 34 of Section 18, and also
except the east 160 of the west 1429.34 feet of the north'h
of the southwest'h of said section 18.
A plan showing said proposed plan amendment is
available for inspection at the City Hall. All persons
interested may appear and be heard at said time and
place.
Dated: May 26, 1978
BY ORDER OF, THE PLANNING
COMMISSION
Bob Waibel, Assistant City Planner
(Pub. in the Carver County Herald on May 31,1978)
Ail of Publication
Sate of Minnesota )
) ss.
County of Carver )
William McGarry
,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 Public H e ar i ni..
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, forone successive weeks; that it was first so published on Wed• the 3lSt
day of Ma;' 1V� 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:
abc de fghi jklmnopgrstuvwxyz
Subscribed and sworn to before me this day of
(Notarial Seal)
LORR=LANONOTARY PZQ CARFQ My Commissi
19-2.0
Notary public, County Minnesota
My Commission Expires 1941
✓ I
LARSON & _IERTZ
ATTORNEYS AT LAW
1900 FIRST NATIONAL BANK BUILDING
RUSSELL H. LARSON MINNEAPOLIS, MINNESOTA 55402
CRAIG M. MERTZ
October 11, 1978
OF COUNSEL
HARVEY E.SKAAR
MARK C. MCCULLOUGH
Donald W. Ashworth
Chanhassen City Manager
Box 147
Chanhassen, MN 55317
Dear Don:
TELEPHONE
(612) 335-9565
Re: Roos Office Building Project
'Enclosed you will find our proposed conditional use permit and
development contract for the Roos project. We have not attached
the necessary legal description. Bloomberg Companies recently
provided us with a proposed legal description. After consultation
with the surveying department at Schoell & Madsonwe have advised
Bloomberg Companies that the proposed legal description of the
property is unacceptable. The boundaries of the proposed legal
description d0 not coincide with the boundaries depicted on the
site plan as approved by the City Council. Bloomberg Companies has
been asked to work with Schoell & Madson to develop a proper legal
description.
We have enclosed a rough draft of a proposed option agreement with
Bloomberg Companies. We have not prepared a re -purchase agreement
between the City and Roman Roos, inasmuch as the precise nature of
his financing is unknown at this time.
The following is a summary of the steps which must be taken to
implement the Roos proposal:
a. H.R.. A. holds formal organizational meeting and adopts
by-laws (See City Attorney's report dated 8/23/78).
b. City Attorney advises H.R.A.'s bank that H.R.A. is
properly constituted and is authorized to borrow funds
and that the City is authorized to guarantee repayment
of the H.R.A.'s debt. (This assumes that the H.R.A. will
be borrowing the full purchase price of the subject property
on a short-term promissory note until bonds can be issued.)
C.
tom OCT 1978
RECEIVED
GHAT NN S1riV,
11.9254�%�
H.R.A. orders two independent appraisals of the Roos site.
(While M.S.A. §462.541 provides that such appraisal reports
are optional, we recommend that at least one such appraisal
report be obtained so as to avoid possible public criticism.)
Donald W. Ashworth -2- 10/11/78
d. H.R.A. obtains option to purchase Roos site from Bloomberg
Companies-(M.S.A. §462.521, Subd. 2 requires that the
option agreement not unconditionally obligate the H.R.A.
to exercise the option.)
e. Publish ordinance rezoning the Roos site from R-lA to CBD.
(The Planning Commission held the necessary public hearing
on the rezoning issue on 7/26/78, and the City Council
approved.the rezoning on 8/7/78.)
f. H:R.A. adopts resolution modifying Redevelopment Plan to
provide for public acquisition of Roos site and for resale
to Roman Roos for purposes of constructing two office
buildings.' (See M.S.A. §462.525, Subd. 6, §462.521, and
10/28/77 Redevelopment Plan document, which provides that
no real estate will be acquired by the H.R.A.)
g. H.R.A. submits proposed modifications to Planning Commission
for its written comments within thirty (30) days (See M.S.A.
§462.515) .
h. Planning Commission submits its written comments to H.R.A.
within thirty (30) days of step "g" above.
i. City Council holds public hearing on proposed plan amendment
and option agreement, preceded by published notice of ten
(10) days (See M.S.A. §462.521, Subd. 1 and 3).
j. City Council adopts resolution approving plan amendment and
purchase from Bloomberg (See M.S.A. §462.521, Subd. 2).
k. Serve copy of plan amendment on State Planning Office (See
M.S.A. §462.445, Subd. 8).
1. H.R.A. holds public hearing on proposed sale of subject
property to Roos, preceded by ten (10) days' published
notice (See M.S.A. §462.525, Subd. 2).
M. .Roman Roos and H.R.A. execute development contract.
n. H.R.A. signs promissory note with bank for purchase price.
o. H.R.A. notifies Bloomberg Companies of election to exercise
option to purchase the subject property and .tenders purchase
price to Bloomberg Companies.
p. H.R.A. and Roman Roos execute purchase agreement.
Donald W. Ashworth -3- 10/11/78
Re: Roos -office Building
Steps "a" through "f" should be accomplished as soon as possible.
The public hearings contemplated by steps "i" and "1" could be
scheduled for the same night.
While we are not in a position to draft the purchase agreement between
the H.R.A. and Roos at this time, that agreement should _provide,
among other things:
1. That title will not pass to Roos until all construction and
improvements have been completed. (This provision is required
by M.S.A. §462.525, Subd. 5).
2. That Roos will indemnify the City for any losses incurred,
including the amount of the "write -down", should Roos
default in the terms of his development contract.
3. That Roos will provide the City with a performance bond as
security for his faithful performance of the development
contract (such bond being equal to at least 100% of the amount
of the "write -down." M.S.A. §462.525, Subd. 7 mandates that
such bond be provided.)
It is our understanding that Bloomberg Companies is trilling to sell the
subject property for $64,837.50, and that Roman Roos is willing to
purchase the property from the H.R.A. for $34,837.50.
It is also our understanding that the City or the H.R.A. will be
issuing bonds for the purpose of raising the monies necessary to retire
the short term bank note. The bonds will then be repaid by the tax
increments from the redevelopment district. Ultimately, the City
Council and the H.R.A. will have to decide which body will issue those.
bonds.
While as a general rule, bond issues must be approved by referendum.,
such an approval is not required for either H.R.A. or City bonds which
are to be retired with tax increment monies. (See M.S.A. §475.58,
Subd. 1). According to §462.585, Subd. 4 of Minnesota Statutes, the
H.R.A. is authorized to pledge all or any part of the tax increments
received from any redevelopment project for the repayment of principal
and interest of bonds issued either by the H.R.A. itself or by the City.
Bonds issued by the H.R.A. are not a debt of the municipality and .do
not constitute indebtedness for the purpose of statutory debt limita-
tions imposed on the City (See M.S.A. §462.551). However, bonds
issued by the City are subject to the provisions of Chapter 475,
specifically §475.53 which establishes debt limits and §475.54 which
limits maturity to not more than thirty (30) years from the date of
issue.. (See M.S.A. 9462.585, Subd. 4.) Bonds issued by the City must
be subject to a written agreement between the City and the H.R.A. pledging
the'tax increments to the repayment of the bonds. This agreement
must be filed with the County Auditor (See M.S.A. §462.585, Subd. 4.)
Donald W. Ashworth
Re: Roos office Building
-4-
10/11/78
We make no comment at this time on the request of Mr. Roos that
industrial revenue bonds be issued to f inance.his costs in this
project.
Very truly yours,
0 ""� -20 -;w
CRAIG M. MERTZ
Assistant Chanhassen City Attorney
CMM:mep
Encl.
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
CONDITIONAL USE PERMIT
AND DEVELOPMENT CONTRACT
WEST 78TH STREET OFFICE BUILDINGS
WHEREAS, application has been made by Roman Roos, herein-
after referred to as the Developer, for a conditional use permit to
construct two 11,000 square foot office buildings on a tract of land
within the City of Chanhassen, which tract of land is more particular=Tl
described on Exhibit A attached hereto and made a part hereof; and
WHEREAS, said premises are zoned R-lA; and
WHEREAS, the above described construction is contingent
upon rezoning of the subject premises to C.B.D., Central Business
District; and
WHEREAS, the Chanhassen Zoning Ordinance requires the
issuance of a conditional use permit prior to the initiation of the
proposed use within the Central Business District; and
WHEREAS, the City Planning Commission and the City Housing
and Redevelopment Authority have given consideration to the applica-
tion and have recommended approval of the necessary rezoning and.t^e
grant of a conditional use permit upon certain conditions; and
WHEREAS, the City Council has given due consideration to sa_d
application and the foregoing recommendations;
NOW, THEREFORE, a conditional use permit is hereby granted,
contingent, however, upon rezoning the subject property to C.B.D., to
the Developer toerect two office buildings upon the described premises,
subject to the following terms and conditions, all of which shall be
strictly complied with as being necessary for the protection of the
public interests_
1. Improvements by Developer. Developer agrees at his 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 described in 112 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, either of which shall be of:
uniformly good quality, and
e. grounds lighting.
-1-
2. Scope of Development Governed by Exhibits. The exterior
dimensions, architectural design, decorating scheme, grading plan,
landscaping and placement of structures shall be in conformance with
the Developer's Site Plan dated and entered into
the City's records as _ _
and the Floor Plan and Exterior Elevation Drawings dated March 27,
1978, all of which were prepared by Richard L. Lundahl, Architect,
of Minnetonka, Minnesota, copies of which are on file in the office
of the City Zoning Administration.
3. Standards of Construction. The Developer agrees that all
of the improvements described in T1 above shall equal or exceed City
standards, shall be constructed and installed in accordance with
engineering plans and specifications approved by the City Engineer
and the requirements of applicable City ordinances and standards, and
that all of said work shall be subject to the supervision of the City
Engineers.
4. Materials and Labor. All of the materials to be employed
in the making of the improvements described in 1f1 above and all of the
work performed in connection therewith shall be of uniformly good and
workmanlike quality, shall equal or exceed City standards and speci-
fications, and shall be subject to the inspection and approval of the
City. In case any material or labor supplied shall be rejected by the
City as defective or unsuitable, then such rejected material shall
be removed and replaced with approved material, and rejected labor
shall be done anew to the satisfaction and approval of the City at
the cost and expense of the Developer.
5. Schedule of Work. The Developer further agrees that he_
shall commence work hereunder on or before ,
1978, and shall have all work described in Ill above fully completed
to the satisfaction and approval of the City on or before
19, The Developer shall submit a written
schedule indicating the proposed progress schedule and order of com-
pletion of work covered by this contract, which schedule shall be a
part of this contract. Upon receipt of written notice from the
Developer of the existence of causes over which the Developer has no
control which will delay the completion of the work, the City, in its
discretion, may extend the date hereinbefore specified for completion..
6. Grading Plan and Lighting Plan. No permit for grading shall
be issued and the Developer shall perform no grading of the subject
property until the Developer's final grading plan has been reviewed
by City Staff for purposes of verifying that said grading plan is in
complete conformity with all of the provisions of the within permit
and contract. Said final grading plan shall include existing con-
tours, proposed grading elevations, drainage configurations, storm
water drainage configurations, spot elevations, proposed access drive-
way road profiles, location and candlepower of all illuminaries, and
locations of exterior trash storage areas.
7. Sign Plan. The Developer agrees to prepare and submit to the
City a sign plan, which shall include location, type, and dimensions 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 re-
viewed by the City for purposes of verifying that said sign plan is in
conformity with applicable City ordinances.
Irk
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S. Landscape Plan. The Developer agrees to prepare and submit
to City Staff a final landscape plan which shall include location,
type and diameters of proposed plantings, and description of and
locations of all screening devices. No landscaping permit shall be
issued and the Developer 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.
9. Reimbursement of Costs. The Developer shall reimburse the
City for all costs, including reasonable engineering, legal, planning
and administrative expenses, incurred by t he City in connection with
all matters relating to the administration and enforcement of the
within permit, and the performances thereof by the Developer.
10. Performance Bond. For the purpose of assuring to the City
that the improvements to be by the Developer constructed, installed
and furnished as set forth in Paragraph l hereof shall be constructed,
installed and furnished according to the terms of this agreement, and
that the Developer.s.hall pay all claims for work done and materials
and supplies furnished for the performance of this agreement, Developer
agrees to furnish to the City a cash deposit in the amount of
$ 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 Developer of hi.s obliga-
tions hereunder, said sum being equal to 1100 of the total cost of such
improvements as estimated by Schoell & Madson, Inc., the City Engineers.
11.
of the
safety,
Public
use shall
comfort
Welfare. The establishment, maintenance
not be detrimental to, nor endanger the
or general welfare.
and operation
public health,
12. Screening. All trash areas, mechanical equipment, compressors,
and air conditioning equipment, including roof top equipment, shall be
screened from view from West 78th Street.
13. Nuisance. The activities conducted on the premises shall not
cause the emissionof 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. Other Regulations. The Developer shall comply with all City
Ordinances, state laws, and regulations of state agencies and
departments.
15. Proof of Title. Upon request, the Developer shall furnish
the City with evidence satisfactory to the City that he has acquired
marketable title to the subject property.
16. Erosion Control. The Developer, at his 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. Developer shall
keep all streets free of all dirt and debris resulting from construc-
tion by the Developer or his agents.upon the lands described in
Exhibit A hereto. -3-
17. Construction Completion Dates.
a. The Developer agrees to implement and complete execution
of his aforementioned 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.
b. The Developer agrees to implement and complete execution of
his aforementioned landscape plan 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 Developer agrees to complete construction of the westerly
Building depicted on the Site Plan described above no later
than , or such later date as may be
specified in writing by the City Zoning Administrator.
d. The Developer agrees to complete construction of the easterly
Building depicted on the Site Plan described above no later
than , or such later date as maybe
specified in writing by the City Zoning Administrator.
18. Special Assessments and Takes. No permit for grading or
building shall be issued until the Developer has paid in full all
outstanding special assessments which have been levied on the subject
property heretofore and all unpaid real estate taxes payable therewith.
19. 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 Developer,
the Developer's contractors or subcontractors, materialmen, laborers,
or to any other person, firm or corporation whomsoever, for any debt,
claim, demand, damages, actions or causes of action of any kind or
character arising out of or by reason of the execution of this agree-
ment or the performance and completion of any work and improvements
hereunder; and that the Developer will save the City, the City Council,
and the agents and employees of the City harmless from any and all
claims, damages, demands, actions or causes of action arising there-
from and the costs, disbursements and expenses of defending the same.
20. Written Work Orders. The Developer shall do no work nor
furnish materials for which reimbursement is expected from the City
unless a written order for such work or materials is received from the
City Manager. Any such work or materials which may be done or furnished
by the Developer without such written order first being given shall be at
his own risk, cost and expense, and Developer hereby agrees that without
such written order, Developer will make no claim for compensation for
work or materials so done or furnished.
.ME
21. Liability Insurance. The Developer shall take out and maintain
during the life of this agreement, public liability and property damage
insurance covering personal injury, including death, and claims for
property damage which may arise out of the Developer's work or the work
of his subcontractors, or by one directly or indirectly employed by
any of them. Limits for bodily injury or death shall be not less than
$100,000 for one person and $300,000 for each accident; limits for
property damage shall be not less than $100,000 for each accident. The
City shall be named as co-insured on said policy and the Developer shall
file a copy of the insurance coverage with the City.
22. Special Conditions.
a. Landscaping and exact location of structures on the subject
property shall be determined through discussions between
City staff and Developer prior to issuance of building permits,
subject to the following standards and conditions:
i. Landscaping and location of structures shall take
into consideration the preservation of trees, slope
protection, subsurface drainage, prevention of silta-
tion, and similar potential problems.
ii. In the event agreement cannot be reached between the
City staff and Developer, the City shall have the right,
at the expense of the Developer, to engage the services
of the City Engineer, Planner, a landscape architect,
a soil conservation Planner, a soil conservation con-
sultant, and others, to advise as to_specific problems.
b. Any proposed covenants and restrictions to be.placed upon
the subject property.'.in..said plat shall be approved by the
City Attorney.
23. Remedies upon Default.
a. Assessments. In the event the Developer shall default
in the performance of any ofthe covenants and agreements herein contained,
and such default shall not have been cured within ten (10) days after
receipt by the Developer of written notice thereof, the City, if it so
elects, may cause any of the required improvements described in ill above,
including the.building described in 112 above, 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 M.S. Chap. 429, in
which case the Developer agrees to pay the entire amount of the .
assessment.roll pertaining to any such improvement within thirty (30)
days after its adoption. Developer further agrees that in the event of
his failure to pay in full any such special assessment within the time
prescribed herein, the City shall have a specific lien on all of
Developer's real property within said plan for any amount so unpaid, and
the City shall have the right to foreclose said lien in the manner pre-
scribed for the foreclosure of mechanic's liens under the laws of the
State of Minnesota.
-5=
b. Performance Bond. In addition to the foregoing, the
City may also institute legal action against the Developer and the
corporate surety on his performance bond, or utilize any cash deposit
made or letter of credit delivered hereunder, to collect, pa_r or
reimburse the City for the cost of making any of said improvements.
In the event of an emergency, as determined by the City Engineers,
tho notice requirements to :the Developer shall be and hereby are
waived in their entirety, and the Developer shall reimburse the City
for any expense incurred by the City in remedying the conditions
creating the emergency.
C. Legal Proceedings. In addition to the foregoing, the
City may institute any proper action or proceeding at law or at
equity to prevent violations of the within conditional use permit, to
restrain or abate violations of -the within conditional use permit, or
to prevent use or occupancy of the proposed buildings.
24. No Changes in Use Permitted. The use of the proposed
structures shall be limited to administrative offices, executive
offices, medical offices, dental offices, legal offices, or other
similar professional offices,' -:or financial institutions; and no
changes from the foregoing uses shall occur except by an amended
conditional use permit or by a rezoning of the premises.
25. Permit Subject to Review. The City reserves the right to
review the within conditional use permit at any time to determine
compliance with all of the conditions of the permit; and if the City
determines that the Developerhas not strictly complied with the terms
of the permit, the permit may be terminated at the option oJE the City.
26. Outside Storage Prohibited. With the exception of trash
facilities and with the exception of motor vehicle parking, no equipment
or other personal property shall be stored or displayed outside of the
Building. Said trash facilities shall be screened from view from West 78t
Street.
27. Overnight Parking Prohibited. No parking -of ao _o.: vehicles
larger than 7,000 pounds licensed gross weight shall be parked or
stored outside of the buildings on the subject property between the
hours of 2:00 o'clock A.M. and 6:00 o'clock A.M. of any day. The
Developer acknowledges that this restriction must be strictly complied
with and may be enforced by the City in proceedings at law or in equity.
28. Parking Lot Configuration. Off-street parking facilities
shall be constructed in accordance with the standards set forth in
§9.07 of the Chanhassen Zoning Ordinance, and individual parking
stalls shall be clearly delineated with painted stripes or other
appropriate markings.
29. Address of Developers. The address of the Developer for pur-
poses of this conditional use permit and for purposes of notice under
this contract shall be: 4701 Chicago Avenue'South, Minneapolis, MN.
30. Permit Not Assignable. This permit is personal to the
Developer, and shall not be assigned without the written consent o=
the City Manager.
IN WITNESS WHEREOF, the parties herto have caused these
presents to be executed on the day and year first above written.
CITY OF CHANHASSEN
Mayor
ATTEST:
City Manager
STATE OF MINNESOTA )
ss.
COUNTY OF CARVER )
Roman R. Roos
On this day of 1978, before rye, a notary
public, appeared Walter Hobbs and Donald W. Ashworth, to me personally
known, who did say that they are the Mayor and the City Manager,
respectively, of the City of Chanhassen, a municipal corporation, that
the seal affixed to the foregoing instrument is the corporate seal
of said municipal corporation, and that said instrument was executed
in behalf of said corporation by authority of its City Council, and
that said Walter Hobbs and Donald W. Ashworth acknowledged said instru-
ment to be the free act and deed of said municipal corporation.
STATE OF MINNESOTA )
ss.
COUNTY OF )
On this day. of , 1978,.before me, a
notary public within and for said County, personally appeared Roman
R.'Roos, to me known to be the person described in and who executed
the foregoing instrument and acknowledged that he executed the sane
as his free act and deed.
-7-
EXHIBIT A
TO
CONDITIONAL USE PERMIT
WEST 78TH STREET OFFICE BUILDING
The North 262.00 feet of the East 380.00 feet of the
West 861.20 feet lying South of the Southerly Right -of -
Way line of C.S.A.H. No. 16, of the N.W. 1/4 of the
N.W. 1/4 of Section 13, Township 116, Range 23 West,
Carver County, Minnesota.
WILLIAM D. SCHOELL
CARLISLE MADSON
JACK T. VOSLER
JAMES R. ORR
HAROLD E. DAHLIN
LARRY L. HANSON
RAYMOND J. JACKSON
WILLIAM J. BREZINSKY
JACK E. GILL /
RODNEY B. GORDON mil]
SCHOELL & MAOSON. INC.
ENGINEERS AND SURVEYORS
THEODORE D. KEMNA
From: Building Tns�f►
JOHN W. EMOND /
KENNETH E. ADOLF
1612)
938-7601 • 50 NINTH AVENUE SOUTH •
Referred To:
HQQKI(yS. MINNESOTA 55343
Iiay
WILLIAM R. ENGELHARDT
OFFICES AT HURON, SOUTH DAKOTA
G
ANOh
�� rw�c- ._ _ __
Administrator t_
R. SCECOTT ARRI
R. HRRI
DENNIS W. SAARI
April 2 3 , 19 7 9
+��
Plannelanne r
GERALD L. BACKMANAttorney
Engineer
Treasurer
City of Chanhassen
Police
P . O . Box 147
Parks & Rec:1. __yN.
Chanhassen, MN 55317
Street Maint,
Utilities W
Attention: Gerald Schlenk
Press
Other
Subject:
Chanhassen Professional
Bu' 7 ;;Ly
Development Contract, Our File
No. 7120.
f
r�
Gentlemen:
We estimate the cost of
site improvements for the Chanhassen
Professional Building to be
as itemized below:
ITEM
Parking Lot Grading
3000 C.Y. @ $1.50/C.Y.
$ 4,500
Aggregare Base -Parking Lot
700 Tons @ $5.00/Ton
$ 3,500
Parking Lot Bit. Surfacing
10800 S.Y. @ $2..00/S.Y.
$21,600
Concrete Curb & Gutter
1400 L.F. @ $6.00/L.F.
$ 8,400
Boulevard Sodding
2000 S.Y. @ $1.50/S.Y.
$ 3,000
Grounds Lighting
$ 2,000
TOTAL ESTIMATED COST
$43,000
The developer should be
required to escrow 110 percent of
the total estimated construction cost or $47,300.
WJBrezinsky:srt
Very truly yours,
SCHOELL & MA,DSON, INC.
A PR 1979 CC
R'ECMVED
VILLAGE
MINK. �
�`` Ok6
V Office of
Director of Public Works
Patrick B. Murphy
COUNTY OF CARVER
April 5, 1979
Mr. Roman R. Roos
Rome Properties, Inc.
4701 Chicago Avenue
Minneapolis, Minnesota 55407
RE:, Review of Rome Properties Development
Dear Mr. Roos:
CARVER COUNTY COURTHOUSE
600 EAST 4TH
CHASKA, MINNESOTA 55318
We have reviewed your site plan and have made the following
conclusions:
1. We have no objection to one access point from
your site to CSAH #16. Please be advised that
the City of Chanhassen must approve the site
plan and the specific access location. No
further approval is required by the County
to cross the highway easement for purposes
of access except that to maintain drainage
in the highway ditch a minimum 15" culvert
should be installed, if needed. Determination
of need for a culvert and culvert size must
be determined by field review.
2.. The Carver County Surveyor has reviewed the
adjacent land parcels, and he has reported
that the old -right-of-way strip extends both
eastward and westward from your property. We
have initiated vacation proceedings of the
old right-of-way strip. Any building setbacks
could be measured from the 75.0 foot right-of-
way line measured from the existing centerline
of CSAH #16. Your reviews with the City of
Chanhassen should reflect the contemplated..•
vacation proceedings. X„�,.
b
An Equal Opportunity Employer
Page 2
Mr. Roman R. Roos
I appreciate the time and attention you have given this
letter. Please call if you have questions.
Sincerely,
Donald C. Wisniewski
Chief Engineer
cc: Mr. Donald Ashworth
City Administrator
City of Chanhassen
Mr. Craig Mertz
Assistant City Attorney
City of Chanhassen
CITY OF
7610 LAREDO DRIVE*P.O. BOX 1470CHANHASSEN, MINNESOTA 55317
(612) 474-8885
DATE: March 22, 1979
TO: Building Inspector, Jerry Schlenk
FROM: Ass't. City Manager/Planner, Bob Waibel
SUBJ: Roos Professional Building Development Plans
As we have previously discussed, there has been at least two
different sets of plans on the subject building in circulation.
Before any building permit application is finalized, contact
me so that I might verify these development plans as the
exhibits approved by Planning Commission and City Council.
k�. .... _ .,.. ... .. .ter.. _ .. �.. .. .. ... ., _. .. � -
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RU&SKLL N. LARSON
CRAIO M. MERTZ
Or COUI611916
MARV<• L. SKAAR
MARK C. MCCULLOUGH
Bernard F. Schneider
Chanhassen State Bank
680 West 78th Street
Chanhassen, MN
Dear Mr. Schneider:
LAUSON & _N11SHTZ
ATTORNEYS AT LAIN
1000 FIRST NATIONAL BANK BUILDING '
MINNEAPOLIS, MINNESOTA 55402 TELEPMONC
fetal 333-f SES
January 30, 1979
Re: Chanhassen H.R.A.
This office is legal counsel for the Housing and Redevelopment
Authority of Chanhassen, Minnesota. In the near future the
Chanhassen H.R.A. will be making application to your Bank for
a short term unsecured loan of approximately $65,000.00.
This is to advise your Bank that we have reviewed the organi-
zational transcript of the Chanhassen ii.R.,A. -It is our opinion
that the Housing and Redevelopment Authority of Chanhassen,
Minnesota has been properly constituted..as-a municipal housing
and.redevelopment authority in accordance with the formalities
prescribed in the Minnesota }lousing Redevelopment Authority
Act (Minnesota Statutes.462.411 et seq.)..
As such, the Chanhassen [I.R.A. is specifically empowered to
borrow money, from private sources under §462.445 subdivision 4
(4) of Minnesota Statutes and to issue notes or other evidences
of indebtedness for any corporate purpose. (See Minnesota Statute'
S462.445 subdivision 4(6)).
The proceeds of the loan in question will'be utilized to purchase
the.real described in exhibit A attached hereto. The Chanhassen
H.R.A.'s Redevelopment Plan as duly amended on December 18, 1978,
provides for the public acquisition to redevelopment of said
F'.
premise as an office building site. rt is'our opinion that such
acquisition and redevelopment is a authorized and proper corporate
purpose of the Chanhassen tl.R.A. in accordance with the provisions
of the Minnesta Housing Redevelopment Authority Act.
Mr. Bernard F. Schneider
January 30, 1979
Page 2
Any promissory note of the Chanhassen H.R.A. should be supported
by a specific formal resolution of that body authorizing the
Chanhassen H.R.A. Chairman to execute the note on behalf of the
H.R.A.
Very truly yours,
urs,
CRAIG M. MERTZ
CMM:ms
Attachment
cc: D. W. Ashworth
t
'
r J.
EXH 1 B (ICI II J'11
'Y
That part of the. Not Lliwt st cluart<.r. of the Northwest
quarter of ;section 13, Townshill 11(I, Range 23,
.
described as follows: • Commenc'iivj at the Northwest
corner of said Northwest cluirter of the Northwest
quarter; thence Southerly .Tony said west line of
the Northwest quarter of the Northwest quarter, on an
assumed bearing of South 0 degrees, 09 minutes,
-
40 seconds Fast a distance of 71.55 feet to the Southerly
right-of-way Zinc' of County State laid highway No. 16;
thence South 85 degrees, 29 minutes, 24 seconds East
along the southerly right-of-way line of County State
Aid Highway No. lb a distance of 482.81 feet to the
F.
actual point of beginning; thence South 85 degrees,
29 minutes, 24 seconds East along said Southerly
_
right-of-way line of County State Aid highway No. 16, a
.
distance of 381.26 feat; thence South 0 degrees, 09 minutes,
40
seconds East a distance of 117.00 feet;. thence North
87 degrees, 53 minutes,
3f seconds1-Jest a distance of
380.30-.feet; thence North 0 dec;rers,
•
A
09 minutes, 40 seconds
West a distance of 156.00 feet to the point of beginning.
- '
—t
CHANHASSEN, MIN14ESOTA
1. Price
EARNEST MONEY CONTRACT
, 1979
Received of Roman R. Roos, hereinafter referred to as the Buyer, the
sum of ($ ) Dollars
as earnest money and in part payment for the purchase of property
situated in the County of Carver, State of Minnesota, and legally des-
cribed in Exhibit A attached hereto and made a part hereof (hereinafter
"Subject Premises"), all of which the Buyer. has agreed to purchase for
the`sum of Thirty -Four Thousand Eight Hundred Thirty -Seven and 50/100
($34,837.50) Dollars, which the Buyer agrees to pay in the following
manner:
Earnest money herein paid $ , and $
cash, on or about. — the date if closing.
Subject to.performance.by the Buyer, the Seller agrees to
execute and deliver a warranty deed conveying marketable title to `
said premises subject only to the following exceptions:
a. Building and zoning laws, ordinances, State and Federal
regulations.
b.. Restrictions relating to use or improvement of premises
not subject to.unreleased forfeiture.
C. Reservation of any minerals or mineral rights to the State
Of Minnesota'.
d. Easements'of Record.
e. A covenant and.restriction that shall provide that until the
Chanhassen Housing and Redevelopmer)t Authority (hereinafter
"The Authority") and the Chanhassen City Council certify that
all building construction and other physical improvements
specified to be done and made by the Buyer in that certain
conditional use permit and development contract described in
#5 below (hereinafter "Development Contract") have been
completed, the Buyer shall have no`power to lease, let, en-
cumber or convey the title (legal or equitable or both) to
all or any portion of the Subject Premises without the
written consent of both of those entities as evidenced by.f._
certified copies of formal resolutions of those. entities
respectively.
f. The. covenants described in subdivision to above shall further
provide that no such consent shall be given unless the grantee
'Z or mortgagee of the Buyer obligates itself or himself by
a written Instrument to the Authority and to the City of Chanhassen
—1—
to carry out the terms of the above described Development
Contract and also that the grantee,, his or its heirs,
representatives, successors, and assigns shall have no right
or power to convey, lease, or let the Subject Premises, or
any part thereof, or erect or use any building or structure
thereon free from the obligation and. requirement to conform
to the approved project area redevelopment plan and the
Development Contract or approved modification thereof.
2. Real Estate Taxes
The Buyer shall pay the real estate taxes due and payable in the
year 1979 and in the years thereafter and all special assessments
that are levied or pending as of the date of this earnest money
contract. Said payable 1979 real estate taxes and said special
assessments shall be paid at time of closing.
The seller further agrees to deliver possession not later than date
of closing, provided that all the conditions of this agreement have
been complied with. Unless otherwise specified, this sale shall be
closed on or before 180 days from the date hereof.
3. Proof of Title
The seller shall, within a reasonable time after execution of this
agreement, furnish an abstract of title certified to date (or a
Certificate of Title and Registered Property Abstract) both also to
include proper searches covering bankruptcies, and State and. Federal
judgments and liens. The buyer shall be allowed 30 days after receipt
thereof for examination of said title and the making of any objections
thereto, said objections to be made in writing or deemed to be waived.
If any objections are so made the seller shill be allowed 120 days to
make such title marketable. Pending correction of title the payments.
hereunder required shall be postponed, but. upon correction of title
and within 10 days after written notice, the buyer shall perform this
agreement according to its terms.'
If said title is not marketable and is not made so within 120 days
from the date of written objections thereto as above provided, this
agreement shall be void, and neither principal shall be liable -for
damages hereunder to the other principal and all money theretofore
paid by the buyer shall be refunded; but if the title to said property
be found marketable, or be so made within said time, the said buyer -
shall default in any of the agreements and continue in default for a
period of 10 days, then and in that case the seller may terminate this
contract, and on such termination all the payments made upon this
contract shall be retained by said seller and said agent, as their
respective interests may appear, as liquidated damages, time being of
the essence hereof; but this provision shall not deprive either party
of the right of enforcing the specific performance of this contract
provided such contract shall not be terminated as aforesaid, and pro-
vided action to enforce such specific performance shall be commenced
within six months after such right of action shall arise.
-2-
4. Seller's Ownership Interest
It is understood that the seller herein does not now hold title to the
subject property, but that seller will acquire title to the subject.:
property within 180 days of the date of this agreement as asignee of
the City of Chanhassen under the terms of an option agreement dated.
between the City of Chanhassen and The Bloomberg
Companies, Incorporated, a true and correct copy of which option agreement
is attached hereto and made a part hereof as Exhibit B. In the event
that said option agreement cannot be successfully closed within 180 days
of the date of this purchase agreement, this agreement shall be void.,
and neither the within named buyer nor the within named seller shall
be liable for damages hereunder to the other, and all money thereto
paid by the buyer shall be refunded.
5. Escrow Deposit
It is understood that the authority as assignee of the City of Chanhassen
has, under the terms of the above described option agreement, agreed to
purchase the subject property for the sum of Sixty -Four Thousand Eight
Hundred Thirty -Seven and 50/100 ($64,837.50) Dollars. It is understood
that the purpose of the contemplated purchase from The Bloomberg Companies,
Incorporated of the subject property and of the herein contemplated resale
to Roman R. Roos is to facilitate the development of the Chanhassen Down-
town Redevelopment Project Area which encompasses the subject property.
It is understood that.Roman R. Roos has executed a conditional use permit
and development contract dated , a copy of which is attached
hereto and made a part hereof as hE zx bit C^and which is referred to
herein as to Development Contract". Said conditional use permit and
development contract provides for the construction by Roman R. Roos of
two office buildings upon the subject property.
For the purpose assuring to the seller that Roman R. Roos shall fully
comply with the terms of.said.Development Contract and shall complete
said office buildings, the Buyer shall escrow with the Chanhassen City
. Treasurer at the time of closing the sum of Thirty -Six Thousand Nine
: Hundred Dollars (S36.900.00). Said escrow shall be in addition to any
performance bond described for in said Development Contract. Upon
completion of said office buildings and the improvements described in
#1 of said Development Contract, said escrow deposit shall be refunded.
to the Buyer. The previous sentence notwithstanding, in the.event the
Buyer shall default in the performance of any of the covenants and
agreements contained in said Development Contract, and such -default
shall not have been cured within ten (10) days after receipt by the
Buyer of written notice thereof, the Seller, if it so elects, may cause
any of said improvements including said buildings to be completed and
may charge the entire cost thereof, including reasonable engineering,
legal, administrative and interest expenses incurred by the City
against said escrow account and make appropriate transfers from said
escrow account to the City of Chanhassen's general revenue funds.
-3-
O
IN WITNESS WHEREOF, Buyer and Seller have caused this agree-
ment to be executed and entered into as of the day and year first. -
above written.
HOUSING AND REDEVELOPMENT AUTIIORITY
OF CHANHASSEN, MINNESOTA, SELLER.
By
Chairman ROMAN R. ROOS, BUYER
ATTEST:
Executive Director
-4-
RUSSELL H. LARSON
CRAIG M. MERTZ
OF COUNSEL
HARVEY E. SKAAR
MARK C. McCULLOUGH
Mr. Jerry Schlenk
Building Inspector
P.O. Box 147
Chanhassen, MN 55317
Dear Jerry:
LARSON & MERTZ
ATTORNEYS AT LAW
1900 FIRST NATIONAL BANK BUILDING
MINNEAPOLIS, MINNESOTA 55402
January 30, 1979
Re: Roman Roos Office Building
Planning Case 551
TELEPHONE
(612) 33S-9565
On October 11, 1978, I transmitted to you our proposed develop-
ment contract for the Roos project. Enclosed you will find a
replacement to exhibit A which should be substituted for the
exhibit A which was tendered to you in my October 11, 1978,
letter. The replacement to exhibit A reflects a new legal
description which is in conformity with the site plan approved
by the City Council.
Very truly yours,
CRAI�M.MERTZ
CMM:ms
Enclosure
r� FEF 1979
�r 1 ECEIVED
�r VILLAGE OF
1i•= CHANHASSENP
r
MINN.
EX111.131T "I."
That hart of: the Northwest quarter- of the Northwest
quarter. of Section 13, Township 116, Range 23,
described as follows: Commencing at the Northwest
corner of said Northwest quarter of the Northwest
quarter; thence Southerly al.ony said West line of
the Northwest quarter of the Northwest quarter, on an
assumed bearing of South 0 degrees, 09 minutes,
40 seconds East a distance of 71.55 feet to the Southerly
right-of-way line of County State Aid Highway No. 16;
thence South 85 degrees, 29 minutes, 24 seconds East
along the Southerly right-of-way line of County State
Aid Highway No. 16 a distance of 482.81 feet to the
actual point of beginning; thence South 85 degrees,
29 minutes, 24 seconds Last alonci said Southerly
right-of-way line of County State Aid Highway No. 16, a
distance of 381.26 feet; thence South 0 degrees, 09 minutes,
40 seconds East a distance of 11.7.00 feet; thence North
87 degrees, 53 minutes, 36 seconds West a distance of
380.30 feet; thence North 0 degrees, 09 minutes, 40 seconds
West a distance of 156.00 feet to the point of beginning.
�fNNE5
STATE OF MINNESOTA
DEPARTMENT OF COMMERCE
ST. PAUL. MINNESOTA 55101
January 19, 1979
The Honorable Walter Hobbs
Mayor of the City of Chanhassen
P.O. Box 147
Chanhassen, 14N 55317
i:i•gfo, Ci'y A Imini3tr3W,
1. .
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gym..-:., «......,.»....•.Ww.+
i C 2) 29& 3523
—.
Re: $700,000 of Commercial Development Revenue Bonds of the
City of Chanhassen (Rome Properties Project)
Dear Mayor Hobbs:
The Acting Commissioner of Securities has examined all.materials
submitted by you relating to the proposal to offer revenue bonds
as authorized -by the Municipal Industrial Development Act.
Based upon the information submitted by you, approval of the
project is hereby granted by the Acting Commissioner of
Securities. Such approval shall not be deemed to be an approval
by the Acting Commissioner or the State of the feasibility o-
the project or the terms of the revenue agreement to be executed
or the bonds to be issued therefore.
Very truly yours,
C4'.J-� M. 4a.-G-k
CHARLES M. 3ALCK
Acting Commissioner of Securities
C143 : r"w
t'S
CC: Russell Prince (J'uran & Moody) ,
N t,979
I� A OP
MINNESOTA COMMERCE DEPARTMENT • AN EQUAL OPPORTUNITY EMPLOYER
a
This Application must be subuitted to Courrdssioner in triplicate
DEPARnII E2U OF CCINXE - SECURITIES DIVISION
:.: • � c..LLc,• �L� ��c�`—�.� � � � � ; �— � � � � � � ;. :—`..fir
APPLICATION
For Approval of Nxiicipal Industrial Revenue Bond Project
Date December 19, 1978
M
M mesota . Departa-pnt of 'Commerce
Securities Division
500 Metro Square Building
St. Paul, Mmesota 55101
The governing body of Chanhassen CGLmt, of Carver ,
Minnesota, hereby applies to the Cchmissioner-of the State o Minmesota,
Securities Division of the Department of Ccumerce, for his approval of
this courrnmity's proposed .M-nicipal Industrial. Revenue Bond issue, asrequired by t" tiara 1, -Subdivision 7, Chapter 474, Minnesota Statutes..
es -.
have entered into preliminary discussions with:
FEM Rome Properties
ADDRESS 8001 Cheyanne
CITY _ _ Chanhassen STA-FE Minnesota
State of Incorporation Dole Proprietorship
Attorney� • Robert Nygren
Address__1423 Soo Line Building; M meapolis, M 55402
This firm is engaged primarily in (nature of business):
C grrercial Real Estate Development
The finds received from the sale of the Industrial Revenue Bonds
will be used to (general nature of project) : Defray developm2nt and
construction costs for two profesisonal office buildings to be built in
Chanhassen.It wUl be located in the Ci!,ti,_ Business District of Chanhassen, Minnesota.
811177
-1-
The total bold issue will be appro>zi Gately $ 700,000 to
be applied tc-w�a, pay -rent of costs now esti.matr as follows:
Cost Item
Lan,:T Acquisition and Site Development
Constructi.icn. Contracts
Equiparent Acquisition and Installation
Architectural. and Engineering Fees
Legal Fees
Interest dicing Construction
Initial Bond Reserve
Contingencies
Bond Discount
Other
AmDunt
$ 35,000
552,700 _
70,000
10,000,
-- 7,500
15,000
12,000
13,200
6,600
It is presently estimated that construction will begin on or
about Ykarch 1 .19 79 , and will be coirrpleted on or about
October 1 , 19 79 When completed, there will be approxiu-.ately
new J 'obs created by the project at an annual payroll of ap-
proximately $22,000 based upon currently prevailing -.sages.
The municipality will provide the Comissiorer with a comprehensive
statement indicating how the project satisfies the public purpose and
policies of the ffumesota Industrial Development Act.
A letter of intent to purchase the bond issue from an underwriter
or an analysis of a fiscal consultant as to the feasibility of the
project from a financial: standpoint is attached to this application.
We, the undersigned, are duly elected representatives of
Chanhassen NSrnzesota, and solicit your approval of this
project at your earliest convenience so that sae may carry it to a
final conclusion.
Signed
This approval shall not be deed to be an approval by the Cannissioner
or the state of the feasibility of the project or the terms of the
lease to be executed or the bonds to be issued therefor.
Date of Approval:
Coamd-ssioner o Securities
4;171draiesota
Department of Coerce
811177 -2-
RUSSELL H. LARSON
CRAIG M. MERTZ
OF COUNSEL
HARVEY E. SKAAR
MARK C. MCCULLOUGH
Mr. Jerry Schlenk
Building Inspector
P.O. Box 147
Chanhassen, MN 55317
Dear Jerry:
LARSON Sc MBIRTZ
ATTORNEYS AT LAW
1900 FIRST NATIONAL BANK BUILDING
MINNEAPOLIS, MINNESOTA 55402
October 11, 1978
�"'�}� �'�"'✓��a TELEPHONE
y (1512) 335-9565
OCT 1973
R-cze
Ei1�ED
M V
lV1iAtN. .,
Re: Roman Roos Office Building
Planning Case 551
I have transmitted the proposed development contract for the Roos
project to Mr. Ashworth.
We are in no position to execute the development contract until
Mr. Roos has made his arrangements for financing.
I wish to call to your attention several provisions of the proposed
contract at this time.
In §2, you will have to fill in a description of the Site Plan. The
Site Plan approved by the City Council on August 7, 1978 was dated
July 26, 1978, and has been marked in the planning file as "City
Council Meetingof August 7, 1978, Exhibit "A". It is my understanding
that subsequent to August 7, 1978, Mr. Roos filed a revised site plan.
Mr. Roos advises me that he obtained the informal consent of the City
Council at a visitor's presentation before the City Council. If Mr.
Roos wishes to proceed with the new site plan, rather than the site
plan dated July 26, 1978, this matter should be referred back to the
City. Council for formal approval of the new site plan.
In §10 of the permit, you will have to fill in the amount of the Per-
formance Bond. The amount of the bond contemplated is 100% of the cost
of the site improvements other than the buildings themselves.
CMK : mep
cc: Bob Waibel
Very truly yours,
CRAIG M. MERTZ
Assistant Chanhassen City Attorney
�� 2 Q
,P4//,rz
J..,RAN & MOODY, f ,C.
MUNICIPAL BONDS EXCLUSIVELY
114 EAST SEVENTH STREET
SAINT PAUL, MINNESOTA 55101
TELEPHONE 612/298-1500
October 11, 1978
Mr. Don Ashworth
City Manager
City of Chanhassen
7610 Laredo Drive
P.O. Box 147
Chanhassen, Minnesota 55317
Dear Mr. Ashworth:
Thank you for your letter of October 10, 1978. We are disappointed that we could
not be placed on your October 16 agenda, but will look forward to a spot on the
November 6 schedule.
I will contact Mr. Roos today concerning your request for a $500.00 deposit.
Mr. Roos lives in Chanhassen and likely will want to deliver the check himself.
On the subject of the sale of the bond, please be advised that we are contemplating
this issue to be a private placement with an institutional lender. No public
sale is foreseen for this project.
If you have any questions, please feel free to call me.
Very truly yours,
JURAN & NDODY, INC.
Russell L. Prince
RLP/tId
C7-
1978 cj
CITY OF
CHANHASSEN
7610 LAREDO DRIVE*P.O. BOX 147*CHANHASSEN, MINNESOTA 55317
(612) 474-8885
PLANNING REPORT
DATE: July 24, 1978
TO: Planning Commission and Staff
FROM: Assistant City Planner, Bob Waibel
SUBJ: Rezoning, Subdivision, and Conditional Use Permit --
Roos Professional Building, Public Hearing
APPLICANT: Roman Roos
PLANNING CASE: P-551
Petition
The petition to the Planning Commission is to hold a public hearing
in consideration of the subject proposal as to zoning and planning
principals and to obtain neighborhood sentiment to the proposal.
Background
At its June 28th, 1978 meeting, the Planning Commission heard
preliminary presentation of this proposal and ordered a public hearing
to be held at this date and time. This proposal had originally been
presented for a location at a parcel outside the tax increment district.
At that time the Planning Commission did note their sentiment of
preference to having such a development within the tax increment district.
1. Community Location: As shown in enclosure 1, the subject property
is located approximately 230 feet west of the intersection of Laredo
Drive and W. 78th Street, on the south side of W. 78th Street.
2. Existing Zoning: The subject property is presently zoned R-lA,
agricultural residence district. The adjoining land to the west of the
subject property is zoned C-2, commercial district. The property to
the east of the subject property is zoned CBD, central business district.
3. Utilities: Sanitary sewer and municipal water are available to the
subject property.
Planning Commissior� -2- July 24, 1978
Planner's Comments
1. For administrative purposes, it is the recommendation of this Planner
that the subject property be rezoned to CBD, central business district.
Under such zoning, a proposal such as the nature of this one, is
considered as a conditional use, which gives explicity and flexibility
to development plans in the CBD zone.
2. As you well know, this proposal is within the boundaries of the
Chanhassen tax increment district, and hence is subject to Ordinance 47-K
the building moratorium, which has been designed to protect the HRA
downtown redevelopment concept plan from any premature development.
The HRA concept plan shows this parcel as general commercial, and
recommends the inclusion of the uses indicated in enclosure 2. As
shown in the attached minutes of the Planning Commission meeting of
June 28, 1978, the members of the Planning Commission preferred this
location over the previous MTS location. I would recommend that at
this time the Planning Commission make recommendation in the form of
a motion to appropriate council action on a variance to the building
moratorium ordinance 47-K. If the motion for the variance to ordinance
47-K is in the affirmative, then the Planning Commission should carry
out the site plan review considerations also to result in a recommendation
to the council indicating either approval, conditional approval or
disapproval of the subject request.
3. Although the zoning of CBD lends relative flexibility to development
proposals, there are certain minimal threshhold design standards to
which the city must adhere to. In regards to this proposal, there are
three items of physical design which need to be addressed which pertain
to building setbacks, minimum parking spaces, and parking design.
a). It is the recommendation of staff, that all buildings in
the proposed development maintain a 25 foot setback from the northerly
property line. The western most proposed building is shown as having
22.5 foot setbacks from the northerly property line.
b). As mentioned in the planning report of June 9, 1978, it
was determined that pursuant to ordinance 47, 73 parking spaces would
be required based upon the ratio of floor area of the buildings. This
could be au3mented presently by taking the difference between the required
spaces based on floor area and the number required if occupancy is of
a medical or dental nature; whereas,six spaces are required for each
medical or dental tenant. The present site plan indicates vision of
55 parking spaces. Theoretically if all of the proposed tenants of the
development were medical and dental, the subject proposal could function
with 48 spaces. Sound planning principal would indicate that the
architecture of these proposed buildings would easily lend themselves
to uses and occupants other than the medical and dental uses. In light
of this would be staff's recommendation that the number of spaces
required be determined when the nature of initial tenancy is known,
and that the conditional use permit require that sufficient property
is subdivided to ultimately accommodate the full compliment of 73 parking
spaces.
c). Section 9.07-2(a), states that each parking space shall have
a minimum width of 9 feet and a length of 20 feet exclusive of aisles
and manuevering spaces, and that 24 feet of clear aisle width be provided
Planning Commission. -3- July 24 , 1978
for 90 degree parking. The deficiencies of the site plan for the
subject proposal are deficient to these requirements as such to .
necessitate that the western most building be relocated approximately
8 feet further to the west of the present indicated location, that
the eastern building be moved approximately 8 feet to the east, and
1,5 feet to the south of the presently indicated location, and that
the southern most property line be extended southward approximately 10
feet exclusive of any additional required land needed to provide the
sufficient area for the total 73 spaces.
4. It is apparent from the plans submitted to date, that a considerable
amount of additional land to the south of the proposed property will
have to be added onto to the present or proposed ownership, to allow
for the total 73 spaces. This department would only require that
the applicant can demonstrate before council review that the ultimate
73 spaces can be accomodated through either the redesign of parking
area and acquisition of land and/or the combination of the two.
5. As previously mentioned in reference to the architectural adaptability
of the proposed buildings to various tenants, I feel that the same
argument would be set forth to establish the proposal's eligibility
for a variance to ordinance 47-K. Essentially, this means that I
believe that the subject proposal will not impede the plans or
proposed plans of the land use in the downtown redevelopment project
area.
Planner's Recommendation
I recommend that the Planning Commission find this proposal to be
positively consistent with the HRA proposed concept plan of the
redevelopment district, and recommend that the HRA likewise look
favorably on the proposal for variance consideration, and that the
city council grant a variance to the building moratorium ordinance
47-K.
Additionally, I recommend that the Planning Commission favorably upon
the proposed site plan upon the following conditions:
a). That the applicant prepare a plan which indicates the building
is to maintain a 25 foot setback from the northern property line.
b). That the applicant prepare plans for parking pursuant to
ordinance 47, i.e. the provision of sufficient lands to accommodate
73 spaces, and the redesigning of parking areas to provide sufficient
maneuvering areas.
c). That the applicant place an escrow with the city treasurer's
office in the amount of $500 to defray staff costs in'.processing this
application.
® Miscellaneous Services Offices
Engineering, Architectural, Planning,
and Surveying Services
Non Commercial Educational.,Scientific,
and Reserarch
Accounting, Auditing and Bookkeeping
89
8911
8922
8931
DEVELOPMENT ZONE 6, GENERAL COMMERCIAL
Land Use SIC
9
Lumber and Building Materials
5211
Paint, Glass, and Wallpaper
5231
Hardware Stores
5251
o
Variety Stores
5331
e
Food Stores
54
Grocery Stores
5411
9
Miscellaneous Food Stores
5499
a
Furniture, Home Furnishing and Equipment Stores 57
Furniture Stores
5712
Floor Covering Stores
5713
Drapery Curtains and Upholstery
5714
Miscellaneous Home Furnishing
5719
Household Appliances
5722
Radio, T.V. and Music
573
f
Miscellaneous Retail Stores
594
Sporting Goods and Bike Shops
5941
Stationary Stores -
5943
Luggage and Leather Goods
5948
Sewing, Needlework and Piece Goods
5949
8
Banking Offices
60
Commercial Savings Bank
602
Mutual Savings Bank
603
Banking Related
605
6
Credit Agencies (Other Than Banks) Offices
61 -
Financing Institutions
611
Saving and Loan Associations
612
Agricultural Credit Institution
613
Personal Credit Institution
614
Business Credit -Institution
615
c Insurance Offices
63
Life Insurance
631
Accident and Health
632
Fire, Marine and Casualty
633.
Surety Insurance
635
Title Insurance
636
Pension, Health and Welfare
637
0 Real Estate Offices
65
o Personal Service Offices
72
Laundry, Cleaning and Garment Service
721
Photographic Studios
722
Beauty Shops
723
Barber Shops
724
Shoe Repair Shops
725
Funeral Services
726
Miscellaneous
729
o Business Service Offices
73
Equipment Rental and Leasing
7394
Miscellaneous Repair Services
76
Radio and T.V. Shops
7622
Refrigeration Shops
7623
Electrical Shops
7629
DEVELOPMENT ZONE 7, PUBLIC ADMINISTRATION
Land Use SIC
o General Government Offices 91
® Justice, Public Order and Safety Offices 92
® Public Finance and Taxation Offices 93
O Human Resource Administration Offices 94
Library
® Environment and Housing Administration Offices 95
a Economic_Program Administration Offices 96
V
7610 LAREDO DR►VE•P.O. BOX 147*CHANHASSEN, M►NNESOTA 55317
(612) 474-8885
PLANNING REPORT
DATE: June 9, 1978
TO: Planning Commission and Staff
FROM: Assistant City Planner, Bob Waibel
SUBJ: Plan Amendment for MTS Systems, Public Hearing, and Site Plan
Review for Roman Roos
APPLICANT: Roman Roos
PLANNING CASE: P-350 and P-55/
Aci-i *i'nn
At it's May 24th meeting, the Planning Commission ordered this public
hearing to obtain neighborhood sentiment to the construction of an
office/professional building in the northwest corner of the MTS property,
such action being prescribed by ordinance.
Background
1. Community Location: As shown in enclosure 1 and la, the subject
building site is 1.85 acres in the northwestern most corner of the
MTS property located on -that part of Chanhassen located in Hennepin
County and south.of MTH 5.. .
.2. Existing Zoning: The subject property is presently zoned P-3,
Service Commerical District. The adjoining land.to the west of the
subject property is zoned C-2, Commercial District.
3. Utilities: Sanitary sewer and municipal water are available to the
subject property. Sanitary sewer service would be provided by extending
an existing line from the west of the subject property. Municipal water
would be supplied from a 10-inch main located at the northwest corner
of the property.
4. Comprehensive Plan Proposal:
a. Land Use: The adopted City Plan indicates the subject property
to be planned unit development.
b. Transportation: The adopted comprehensive plan indicates
part of this property to be included in a grade separated overpass
of a secondary highway over MTH No. 5. More recent transportation
Panning RepgKt -2- June 9, 1978
studies for this property and its environs have recommended
the use of a frontage road as shown in enclosure 2.
Planner's Comments
1. As shown in the included site plan, Mr.' Roos intends to construct
two professional buildings on that part of the MTS property severed
by the proposed frontage road. The enclosed data sheet indicates that
building no. 1 is proposed for professional services and building no.
2 is proposed for medical/dental services.
2. At this juncture . it is difficult to estimate the number of
parking spaces needed for this proposal. Using the most stringent
ordinance requirement of 1 parking space for every 300 sq. ft. of gross.
floor area, it can be determined that 73 spaces are required. The
proposed plans are 13 spaces deficient from .this standard. This problem
may be augmented, however, if the applicant at this time can tell us
how many medical or dental tenants will occupy building no.-2. Section
9.07 of Ordinance 47 states that a minimum of 6 offstreet parking
spaces shall be required for each doctor or dentist maintaining profes-
sional offices within a principal structure.
3. Item no. 6, in the attached letter of May 24, 1978 from Mr.
Butzow, President of the MTS Systems Corp., states that the applicant
will present his plans to an open meeting of the Chanhassen Estates
residents. The applicant has,done so, and has indicated that no
opposition was placed against the proposal.
4. Except for the yet to be resolved parking discrepancy, I feel
that the plan submitted is acceptable to the City standards for land
use, zoning, and utilities. I am, however, quite concerned that local
land economics .1,, have not been favorably responsive to attract
a proposal of this nature to an area within the tax increment district.
From a planning perspective, it seems that the submission of this proposal
at this time, would present an excellent opportunity for the HRA to
investigate what can and/or should be done within the context of the HRA's
statutory'powers, and overall land use compatibility plans for the
tax increment district. The Planning Commission at this time should do
all in its power to establish coordination and communication between
itself and the HRA, in order to optimize land use and economic growth
through the evolution of the tax increment district.
Planner's Recommendation
I find Mr. Roos' proposal to be, with the exception of the resolution
,----of parking requirements, Ipositively consistent with the City's
plan for land use, zoning, transportation, and utilities, and
subsequently recommend that the Planning Commission move to recommend
that the City Council approve said preliminary development plans.
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ME!
WITS
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MTS SYSTEMS CORPC)RATION
BOX 24012, MINNE:APOLIS. MINNESOTA 55424
TELEPHONE 612-944-4000 TELEX 29-0521 CAEME MTSSYSTEMS
24 May 1978
Mr. Roman R. Roos
8001 Cheyenne
Chanhassen, MN
Dear Mr. Roos:
This letter will constitute an offer by MTS Systems Corporation
to sell to the addressee approximately 1.8 acres of land which
constitutes the Northwest Corner of the site which is known as
the "Beiersdorf Property" in the City of Chanhassen. The
offering price is for the approximately 1.8 acres.
This offer must be accepted by the addressee by closing the
purchase of the land on or before January 2., 1979, or" the
offer becomes void.
This offer includes the following conditions, all of which must
be complied.with or the offer is voided, and certain disclaimers:
1. The owner of the remaining or majority share of
property should have architectural control (by
over the buildings,,landscaping, parking areas,
shadow area utilization. This shall be entered
for the land. This approval is in addition to
mental approvals normally required.
the Beiersdorf
right of approval)
signs, and
into the deed
all other govern-
2. MTS Systems cannot guarantee the exact location of a road to
service this site from the south or east., nor can we guarantee
any availability date for such road to be in place.
3. `The addressee shall pay all costs associated with surveying,
description, and registration of this approximately 1.8 acres.
4. MTS Systems Corporation can withdraw from this offer at any
time. if it withdraws without reasonable cause, it will
reimburse the addressee for out-of-pocket costs for surveying
and registration - but not for architectural expenses which are
assumed essentially independent of site.
5. The addressee can withdraw at any time without cause.
Alr. Roos
24 May 78
2
6. The addressee will present his plans at an open meeting of
Chanhassen Estates residents to test their support or
opposition. MTS will audit this meeting and significant
opposition is considered reasonable cause -to withdraw under
paragraph 5.
7. MTS will be made aware of and will be allowed to have a
representative present at all public sessions in which the
site utilization is discussed.
8. It is assumed that all procedures and permissions will be
followed and obtained as required by the city, state, or
other agencies who audit or control land use.
9. The addressee will negotiate a settlement with the party
(lessee) who has a corn crop in progress to reimburse him for
his losses.
GNButzow/ps
u
MTS Systems Corporation
)L "i , A^r
G.N. But tw, President
RICHARD L. L U N 0 A 8 L , A.1.A.
ARC H I T E C T
5509 1 0 E N PRAIRIE ROAD GLEN LAKE PROFESSIONAL 8UI101NC
MINNETONKA. MINNESOTA 55343 11L.(612) 933.3011
CHANHASSEN PROFESSIONAL BUILDING
PHYSICAL DESCRIPTION
SITE AREA
SIZE: 1.85 ACRES
UTILITIES: AVAILABLE AT SITE
PARKING ALLOCATION TO MEET CITY ORDINANCES
BUILDING AREAS
MAIN FLOOR RENTAL AREA
UPPER CORRIDOR
ENTRY LOBBY, REST ROOMS
LOWER LEVEL RENTAL
LOWER CORRIDOR
EXTERIOR MATERIALS
48'-0" X48'-0" X 22 = 4608 S.F.
.48'-0"
X12'-0'
= 576
S.F.
12'-O"
X28'-0"
X 2
= 672
S.F
48'-0"
X48'-0"X
22
= 4608
S.F
48'-0"
X12'-0'
- 576
S.F.
TOTAL SQUARE FOOTAGE 11040 S.F
UPPER PORTION: LAPPED REDWOOD SIDING
LOWER PORTION: BRICK
FRONT ENTRY: STUCCO
GLASS: SOLAR BRONZE, 1" INSULATING
BUILDING FULLY AIRCONDITIONED, ZONED TO INDIVIDUAL TENNANTS
TYPE OF PROSPECTIVE TENNANTS
BUILDING NO. 1 - PROFESSIONAL
BUILDING NO. 2 - MEDICAL/DENTAL
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CITY OF CHANHASSEN
AFFIDAVIT OF MAILING NOTICE OF
HEARING ON CONDITIONAL, USE PERMIT
STATE OF MINNNESOTA }
ss
COUNTY OF CARVER )
Don Ashworth
being first duly sworn, on
oath deposes and says that he is and was on
July 14,
, 1978 ,
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 Conditional Use Permit
Request for Roman Roos, Chanhassen in the City to the
owner of each parcel within the area proposed to be involved as set
forth in the notice, by enclosing a copy of said notice is an envelope
addressed to such owner, and depositing the envelopes addressed to
all such owners in the United States mails with postage;i. fully prepaid
theron; 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.
on s wor _
City Manager
Subscribed and sworn to
before me this day
of , 19' .
Notary Public
CITY OF C14ANHASSEN
CARVER AND HENNEPIN COUNTIES
NOTICE OF PUBLIC HEARING ON PROPOSED REZONING SUBDIVISION
OF LAND AND CONDITIONAL USE PERMIT FOR ROMAN ROOS, CHANHASSEN,
MINNESOTA.
Notice is hereby given that the Planning Commission of the City of
Chanhassen, Minnesota will meet on Ifednesday, the 26th day of July,
1978 at 8:15 p.m., at the City Hall, 7610 Laredo Drive, Chanhassen,
Minnesota for the purpose of holding a public hearing to consider
a conditional use permit rezoning from R-lA, Agricultural Single Family
Residence District to a C.B.D. Central Business District and sub-
divide into two building sites, the following described tract of land:
The Easterly 20 rods of Government Lot One(1), Section fourteen
(14) and the Northwest Quarter of the Northwest Quarter (NW'-4 of NWI)
and Government Lot One (1) of Section Thirteen (13), all in Township
One Hundred Sixteen (IIb), Range T�Aventy Three (23) exceptkh'g high-
ways and ra lroad right of ways.
A plan showing said proposed rezoning and subdivision is available
for inspection at the City Hall.
All persons interested may appear and be heard at said time and place.
Dated: July 11, 1978
BY ORDER OF THE PLANNING COMMISSION
Bob Waibel, Ass't. City Planner
(Publish in the Carver County Herald on July 12, 1978.)
B- C- Burdick
126 Lake Street
Excelsior, Mn. 55343
John Brose
Rt. 4 Box 838
Excelsior, Mn. 55331
Richard Steiner
7730 Laredo Drive
Chanhassen, Mn. 55317 lj
p
1j
State Bank of Chanhassen. II
680 W. 78th St.
Chanhassen, 14n. 55317
E
Sc4neider Agency
680 W. 78th St.
chanhassen, Mn.. 55317
Thomas Krueger
560 W. 78th St.
Chanhassen , Mn. 55317
John Havlik
580 W. 78th St.
Chanhassen, Mn. 55317
H&k Const. Inc/
516 Del Rio Dr.
Chanhassen, I -In. 55317
I