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78-XX - Roos Office Building SPRMEMO TO: =14 CITY OF 7610 LAREDO DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937-1900 IOkkiWIX-i i�+44i 114W43111911 I C[01N04 :m�7e}�L•)E � t r '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 r 144.56 (� b _ 532.32 ., COPIES OF THE INDIVIDUAL STATEMENTS ARE ENCIOSED. CC/ Russ Larson Bob Waibel Scott Martin Chanhassen, Minn.,-------- —19— IN ACCOUNT WITH CITY OF CHANHASSEN �- 7d '70 60 667000, /yam 7f > 7 oo. </ & '54 f 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 r• ' 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.. _ .. �.. .. .. ... ., _. .. � - . --:. "'- ��, .. �'- "F 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. . Rke!� rpd ..... 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. Lake Lucy PK j; OF Lake Ann OF PK np -VA- OF OF . t) OF OF [El F t 'Lotus PL IM OF Lake OF PL I .0 II OF -V LrLj LLSJ F • OF Or PK Lake Su an • Rice Marsh Lake OF OOF F OF OF 34M ii PK Lake I ME! WITS X 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 L > t $ l.V � :.� __ ." � � .� 1 - - •• 3d�' I�I.RIZ _ i.i>y's.'.Pic..y-I{� I .. _ _ t h L Nx OS x , \.�` m as ZZ a. �dUa-t+ r v _ t i t U C i— 1 a Nm =1'R'00e�-� o i c 61/ E e) 6 caw �« oYx Cl. r 4S/l3/L/Ti FE.S'T4J Z� ¢� & _ LLBCD Cj CO tJ CJ # cn pz 0 f .: O •.t: / _ / y-861 �D saJldxs uoisspmu00 SW elosauuryll `Alunoa �D 'aT[gnd AmnoN ------------- Z861'63 aunt saJidx3 uotsslww00 41N ,UNI1ob 113A8V3 tl10s3NNIW — 311ond mvION ONv1 3NiV8801 (leas let-10N) Aep sigl am aJo;aq of uJoas pue pagTJasgns ZAxmnn1sJ6d ou uJTTlflga; apage :pm of `aarlou plus jo uoileaggnd pus uoTlTsodmoa ag1 Ur peso adAl;o puiTl Pus azis agl 2utaq se pa2palmoUJlae AgaJag s< pue `anisnlaul g1oq `Z of y moJ; lagegdle asea Jamol agl;o Adoa paluud a si 2ulmollo; ag11eg1 P1e 61 3o Aep agl 2uipnl3uT pue 01 AJOAa uo pagsTlgnd pue palulJd iaq;saaagl sum Pnib-T-6I - T (l/� ;a Aep u� �T atU .pa,A uo pagsilgnd us ls.n; sum 1! 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(OL61 IZI Ainf uo PIeJaH Alunoo Janreo aql ui •grtd; Jaauiid Ala 7,vsV'IagledA qeg NOISSSI W ROD DNINN V'ld ZH,L d0 HHQIIO Aa 9L6I 'II Ainf :Pma •eaeld pus atull pies ae pavaq aq pue Jeadde AM palsaialuT sumad 1IV 'IIeH A110 agl;o uollaadsui Jo; algeliene 51 1101sinlp -qns pue auluozaJ pasodoad plus auimags veld V •sAem ;0 1ga1J pe0J1!eJ pue sAemgHlq aupdaaxa (CZ) aaagy Aluamy eaueH (911) -OMS paJpunH auo dTgsumoy ui 11"91) uaalJlgy U0;IoaSIO (I) 81101011118musaA06 PF'e (►hMN ;o wltAN) Jel]ena lsamglioN aql ;a JalJena lsamglJoN agl PUs (i•I) uaalJnog uollaaS (I) auo 101 luamwanoH;o spot 0Z AlJalseg aqZ :puel 10 13eJ1 PaglJasap aulmogo; sill 'sells aulPllnq 0m1 01111 aPlAlpgns pue 1311191Q ssauTsnEl 11141.1113 •Q•913 a o1 131491O aouapisag AT1meg alauls lainlinoiJaV 'VI•H moJ; auluozaJ llmaad asn leuoilipuoa a Japiguoa 01 auiavag ailgnd it auiploq;o asodJnd aql Jo; elosauLtIN 'uassequego 'anlJQ OpaJe'i 019L 'IIeH A110 aql 1e -*d Cl: 91e 9L6I 'Ain f;o Asp g19Z agl'AepsaupatA 110 laam 111m elosaumpl 'uassequego ;o A1T3 aql ;n uolsslmmOO auluueld Dill IM uania AgaJaq s1 aapoN •VIOSZNNIW 'NZSSVHNVHO 'SOON NVWOH HOA ZINHHd asn 1VNOIdIO NOD UNV GNV'I 90 NOISIAmuns JNINOZZH cAHd NO `JNIHVHH 3I19iid d0 3311ON SZIZN(103 NIdHNNHH QNV HHAHVo NHSSVHNVHD AO A,LIO 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