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79-02 - Baltic Corporation SPR pt 27610 LAREDO DRIVEOP.O, BOX 1470CHANHASSEN, MINNESOTA 55317 (612) 474-8885 SIGNAGE REPORT TO: Sign C'Ommitt:ee and Staff FROM: City Planner, Dark Koegler DATE: July 8, 1980 APPLICANT: Baltic Corporation PLANNING CASE: P-e619 Baltic Corporation is requesting � a free standing sign for their Office location on Highway 7. Baltic has proposed to utilize the existing Cermak Nursery Sign structure which 'consists of a 6" diameter pipe frame and a suspended 58" x 10'2" plywood panel. The total sign occupies 49. sq. ft. -Chanhassen sign Ordinance 36 permits 80 sq. feet of signage for this type of use. In reviewing the subject request, staff is not concerned with the size of the proposed signage since it:is located on a State highway and is well under ordinance standards. The structure of the sign itself is; however, of particular concern. The framework which "is capped by T-fittings seems inconsistentxpe with both. the intente'of overall signage within the City as well as with the qudlity"of-the �:remodeling''a'b Baltic has done in con- verting the. old .Cermak Nursery iento an office use It would seem that a wooden structure Of'the same overall' dimeri`sbn would be more in keeping:with the previously mentioned concerns. Staff Recommendation Staff recommends that the Sign Committee approve Baltic Corporation for a.'.sign"iiot to exceed the overalliarearof the existing structure providing that the current pipe supports be replaced with wood. Dear Bob " z- ' :I have enclosed the Sign{Permit Application for the existing sign` .front of.'our building I have discussed this. with various r People _in:your ;Off ices previously.and we'have;pretty clearly established that the sign conformsIto'existing Village ordinances.'" Therefore, we intend on 6sin9 the.ezisting sign and will put on } 5�« , a, new face with the sign lettered according to the enclosed f .c �: i, f:"' .o•t�`.a�� Y.E ha ��i- �4: s �jF�� ! ' S y '` r� > . � =r R�� �Y9 � ` R 'Iawould a ppreciate`being advised asoYwhat,`if anything; is required furtherbefore we can start havng_tire sign -painted. t Sincerely, 1p i 3 44 on �. Holthe y j {iAf i i Executive;`Vice.President i � BALTIC , CORPORATI0�1 ~ f r LDH:mh` s; x 7% t $� t s � ,•��� .{ .:^.r t'., a3xFwi .4:•i .4#2.1.„ti. rai'x:t .. + 1 "04 J1 Fi co V}Lt{ �zly}�e O+7 SIGN PFrRN;IT APPLICATION VILLAGE OF CHANHASSEN Name of Applicant ,0;,e .44 7e6 (�,B Address o?, fc, nCLWV1A.ut ZK Crd 1;v-- ,6 -Tsj Phone Name of Erector ,gyro-.✓ �s eAl Tn46- 4 A-74 Address___ _ Phone Name of Sign Owner �.„4, Address ��� Phone Location of Sign Legal Description Type of Sign: Ground ,. Roof Wall Temporary - --- Zoning Attached Plan: Yes Remarks or Conditions Fee All- - , /, Marquee Canopy Area I.D. I.D. or - Nameplate No i Approved Village Building Inspector -- _ Date a DRAFT 7- 5-79 CITY OF CHANHAS8EN NON -CONFORMING USE PERMIT WHEREAS, Application has been made by the Baltic Corporation, a Minnesota corporation, for a permit to conduct an office business within the structure located upon that tract of land within the Cyt as described on Exhibit A attached hereto and made a part hereof, ay WHEREAS, said premises are zoned R-1 � nd District; Single Family Residential WHEREAS, the City Council has given due consideration to said application, and has taken cognizance of the fact that said premise have been used as a commercial nurser s Chanhassen ZoningY prior to the enactment of the Ordinance on February 8, 1972, and that said nursery use is constituted as a non -conforming use under the provision of Section 6 of said ordinance, and the governance of said non -conform' use is provided for b non -conforming Y Section 2p Of said ordinance, and WHEREAS, Applicant has represented to the City Council and Planning Commission that its ropOf involve general office activitiesosed anduse as such said premises will less intensive use of said � will constitute a Premises than had previously existed. NOW, THEREFORE, in consideration of the foregoing, a non-conformin use permit is hereby granted to Baltic Corporation to conduct general g Office activities within the structure located upon the described premises, subject to the following terms and conditions, all Of which shall be strictly complied to with as being necessary for the Protection of the public interest: 1. The establishment, maintenance and operation of the use shall not be detrimental to or endanger the public health, safety, morals, comfort or general welfare. 2. The use shall not be injurious to the use and enjoyment Of other property, not diminish or impair within the immediate vicinity, Property values 3. The use shall be consented to by the owner of said premises, which consent shall be endorsed in writing hereon. 4. The use permit shall be personal to Baltic Corporation and shall not be transferable without Council. approval of the City 5. The use shall be solely for general office activities. 6. Enlargement or outside alteration of the existing structure on said premises shall not be permitted. 7. The structure on said premises shall be maintained in a good state of repair. 8. None of the activities conducted on said premises shall cause the emission of fumes, gases or noxious odors, nor cause glare or noise. 9. The sale of products at the premises is prohibited. 10. Motor vehicle parking upon said premises at any one time shall be limited to 13 private vehicles, including employee parking, and 2 parking spaces for the handicapped. All parking shall be limited to the spaces designated. 11. The facility on said premises shall be connected to sanitary sewer and municipal water within days after occupancy of the facilities. 12. Landscaping shall be carried out and maintained in compliance with the landscape and site plan marked exhibit(s) and date 13. No vested right, interest or privileges granted Applicant by the within permit; and the City reserves the right to revoke and cancel the same at any time for cause shown. Violation of any of the conditions within the permit shall be sufficient grounds for the revocation and cancellation thereof. 14. All site alterations and improvements shall be in compliance with exhibit(s) contained in the City files. 15. All appurtenances on the subject premises not attributable to an office use, shall be removed before occupancy occurs. 16. The driveway shall be constructed with concrete curb and gutter and bituminous surfacing to the specifications recommended by the City Engineer. 17. The parking area shall be constructed with concrete curb and bituminous surfacing to the specifications of the City Engineer. 18. All mechanical equipment shall be screened with materials similar in appearance to the exterior remodeling materials indicated in exhibit 19. All improvements shall be carried out in accordance with Chapter 55 of the State Building Code. 20. All storage shall be confined within the existing structure. 21. Signs on said premises shall have the approval of the City Council. 22. The Applicant, at his own expense, shall install and perform all work and furnish all materials in connection with the installation of the following improvements: a). driveway grading, stabilizing, and bituminous surfacing; b). surmountable concrete curbs, and gutters as provided herein, c). storm and surface water drainage; d). landscaping; 23. The Applicant agrees that all foregoing improvements in Section 19 shall equal or exceed City standards and shall be constructed and installed in accordance with the specifications approved by the City Engineer, and that all of said work shall be subject to the supervision of the City Engineer. 24. For the purpose of assuring to the City that the improvements to be carried out by the Applicant are installed and furnished as set forth herein, and that the Applicant shall pay all claims for work done and materials and supplies furnished for the performance of this agreement, the Applicant shall furnish to the City either a cash deposit, a corporate surety bond approved by the City and naming the City as obligee thereunder, or an irrevocable letter of credit approved by the City in the following amounts, which are equal to 110% of the total cost of the improvements as estimated by Schoell and Madson, Incorporated, the City Engineers as follows: Dated this day of ATTEST: , 1979. CITY OF CHANHASSEN By Mayor ty Manager CONSENT OF OWNER The undersigned owner of the aforedescribed premises hereby consents to the permit herein granted. Dated this day of , 1979. ACCEPTANCE The undersigned permittee hereby accepts the terms and conditions of the permit herein granted. BALTTC CORPORATION Dated this day of 1979. EXHIBIT A Lots 1 and 2 of Minnewashta Park Addition. 4. Baltic Landscapinq Plan / A consolidated landscaping plan had to be received at City Hall by 10:00 a.m. on Friday. This plan was not received and, as such, this item was removed from the agenda. v.�vJiiis-L .! VILLAGE OF CHANHASSEN NON -CONFORMING USE PERMIT WHEREAS, Application has been made by BMT, Incorporated, a Minnesota corporation, for a permit to conduct a light manufacturing business within the structure located upon that tract of land within the Village as described on Exhibit A, attached hereto and made a part hereof, and WHEREAS, said premises are zoned- as R-1A, Agricutural Residence District; WHEREAS, the Village Council has given due consideration to said application, and has taken cognizance of the fact that said premises have been used as a commercial greenhouse prior to the enactment of the Chanhassen Zoning Ordinance on February 8, 1972, and that said greenhouse use constitutes a non- conforming use under said ordinance, and WHEREAS, Applicant has represented to the Village Council and Planning Commission that its proposed use of said premises will involve the manufacture of small electrical products and welded wire circuitry, and sub -contract assembly and packaging of small products, and as such, will constitute a less intensive use of said premises than had previously existed; and, WHEREAS, The Village Planning Commission has recommended the grant of a non -conforming use permit to applicant upon such conditions as the Village Council may impose. NOW, THEREFORE, in consideration of the foregoing, a Non -conforming use permit is hereby granted to BMT, Incorporated to conduct a light manufacturing business within the structure located 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 interest: 1.The establishment, maintenance and operation of the use shall not be detrimental to or endanger the public health, safety, morals, comfort or general welfare. 2. The use shall not be injurious to the use and enjoyment of other property, not diminish or impair property values within the immediate vicinity. 3. The term of the use permit shall be for 12 months from the date of BMT, Incorporated occupancy of the premises, and may be renewable at the sole discretion of the Village Council for successive 12-month terms upon application in writing made at least 30 days prior to the expiration of each 12-month term. 4. The use shall be consented to by the owner of said premises, which consent shall be endorsed in writing hereon. 5. The use permit shall be personal to BMT, Incorporated and shall not be transferable without approval of the _ Village Council. 6. The use shall be solely for the manufacture of small products and welded wire circuitry and the sub -contract assembly and packaging of small products; that representative of the product line manufactured at the present time are automobile dip- stick warmers, battery warmers, mobile home water inlet heaters and wire harness for battery operated toys. The sub- contract assembly and packaging of small products shall be limited to those capable of being performed by employees within their homes as a home occupation. 7. Enlargement or outside alteration of the existing structure on said premises shall not be permitted. 8. The structure on said premises shall be maintained in a good state of repair. 9. The mechanical and electrical equipment employed in said structure shall be limited to.small air presses, small electronic welders, and other small tools; and none of the 'activities conducted within the. structure shall cause the emission of fumes, gases or noxious odors, nor cause.glare or noise. 10. The sale of products at the premises is prohibited. 11. Motor vehicle parking upon said premises at any one time sha l 1 be limited to 11 vehicles, including employee parking. 12. The number of employees shall be limited to 15 per shift, and applicant shall encourage the use of car pools to minimize motor vehicle traffic to and upon said premises. 13.. Adequate sanitary facilities shall be maintained on said premises. 14. Delivery and shipment of materials and products shall be conducted by station wagons and light delivery vans and small trucks not exceeding 1 1 /2 Ton in capacity. 15. Applicant agrees to plant and maintain trees and shrubs on said premises. 16. No vested right, interest or privilege is granted applicant by the withiin 'permit.; and the Village reserves the right to revoke and cancel the same at any time for cause shown. Violation of any of the conditions of the within permit shall be sufficient grounds for the revocation and cancellation - thereof. 17. All storage shall be confined within the existing structure. 18. Signs on said premises shall conform to the -Village Sign Ordinance. - 19. Payment of a fee of an annual $35.00 and the direct expense of the Village incurred in the processing of the application. 20. The terms and conditions of the use permit shall be accepted by BMT, Incorporated, which acceptance shall be endorsed hereon in Writing. Dated this /` day of - 1973. ATTET : _ C C lerk VILLAGE OF CHANHASSEN By ram, Mayor 'J� _ . � r CONSENT Or OWNER The undersigned owner of the aforedescribed premises hereby consents to the permit herein granted. hq-Zz:V L w . Dated this Sl day of 1973. ACCEPTANCE The undersigned permittee hereby accepts the terms and conditions of the permit herein granted. I BMT, Incorporate506 Dated this ld day of > �'�g1r973. 1 •ti.� a RHL 6/11/79 CITY OF CHANHASSEN NON -CONFORMING USE PERMIT THIS AGREEMENT, Made and entered into this 1979, by and between the City of Chanhassen,laa °f Minnesota municipal corporation ("City"), George A. Cermak ( " Hary T. Kreslins ("Kreslir�') and The Baltic Corporation, aCermak ), Minnesota corporation ("Baltic"), hereinafter referred to collective) as the "Parties": y WITNESSETH: that the City and the other parties herein named, in consideration of the mutual covenants herein contained, hereto recite and agree as follows: SECTION 1. RECITALS. 1.01. Authority. This agreement is entered into by the City pursuant to its powers granted by Chapters 412 and 462 of Minnesota Statutes and the Chanhassen Zoning Ordinance. 1.02. Property Description The real property is the subject of this agreement is located within thatemisesportion ofich the City which lies within Carver County, as follows: and is legally described Lots 1 and 2, Minnewashta Park Addition. 1.03. Property Interests The premises are owned in fee by George A. Cermak, and are subject to a contract for deed dated February 22, 1979 whereby Hary T. Kreslins is the contract for deed vendee and purchaser of the premises. The Baltic Corporation is the lessee and occupant of said premises. 1.04. Use and Zoning. 19 33 by Cermak for the sale Tof nursery he sstock andhavenimplements and owned and ed since supplies customary to a retail nursery business under a commercial district zoning by the Chanhassen Town Board in October, 1963. In March, 1972, the premises were rezoned by the City to an R-1 Family Residence District under the present Chanhassen Zoning Ord Single By reason of said rezoning, the use of said premises as a nurserylnance. became a non -conforming use subject to the restrictions applicable to non conforming uses under 520 of said Zoning Ordinance. 1.05. Application for Use Baltic and Kreslins have made a tion to the City for permission to use said premises and the princincica- ipal structure located thereon as the business office for Baltic, and have represented to the City that the principal business activity of Baltic is in finance and insurance. In furtherance of said application, Kreslins and Baltic have filed with the City certain plans and speci- fications as revised May 25, 1979, prepared by Roberts Architects, and entitled "The Baltic Company Office Building, Chanhassen, Minnesota." -1- Said plans and specifications are hereby incorporated herein by refe- rence, are hereby made a part of this agreement, and are designated as follows: Exhibit A - Site Plan/Landscape Plan Exhibit B - Floor Plan Exhibit C - Exterior Elevations Kreslins and Baltic have applied to the City for a permit to remodel the principal structure on said premises in strict conformity with said floor plan (Exhibit B) and said exterior elevations plan (Exhibit C) and to landscape the premises in strict conformity with the said site plan/landscape plan (Exhibit A). 1.06. Litigation. Prior to the acquisition of said premises by Kreslins, the City had instituted litigation in Carver County District Court against Cermak and others (City of Chanhassen vs. Ladislav A. Cermak and George Cermak, Carver County District Court File No. 16283) alleging violations of §20, Non -Conforming Uses, of the Chanhassen Zoning Ordinance, including illegal expansion of a non -conforming use and the maintenance of a public nuisance on said premises, and seeking injunctive relief against the defendants therein. Said litigation remains pending in Carver County District Court and the complaint in said action is incorporated herein for reference purposes. 1.07. Representations. Kreslins and Baltic have represented to the City Council and the Chanhassen Planning Commission that the proposed use of said premises as the business office of Baltic will constitute a lessintensive use of said premises, that the physical use of the premises shall be lessened, that no structural alterations nor enlargement of the principal structure on the premises shall be made, and that the site plan/landscaping plan, floor plan, and exterior elevations of the premises and principal structure shall be completed in strict conformity with Exhibits A,B, and C. 1.08. City Council and Planning Commission Consideration The proposal of Kreslins and Baltic for use of the premises as the business office of Baltic was duly heard and considered by the City Planning Commission at a public hearing held on April 25, 1979, by the City Council at a regular public Council meeting on May 2and 1979. SECTION 2. FINDINGS. 2.01. Findings of City Council The City Council, after due con- sideration of all matters relevant to the proposed use of said pre- mises by Kreslins and Baltic, finds -as follows: 1. That the proposed use of said premises as represented by Kreslins and Baltic will constitute a less intensive and more restrictive use of said premises than hereto- fore existed. - 2- 2. That the physical use of the premises will be lessened. 3. That no structural principal structure 4. alterations nor enlargement of on said premises will be made. That the proposed alterations as shown on Exhibits A and B alterations of the principal extend, enlarge or intensify 5. That the less intensive and forming use of said premises does not violate the spirit hassen Zoning Ordinance. SECTION 3. PERMIT AND CONDITIONS. the Of the principal structure constitute incidental structure and do not the non -conforming use. more restrictive non -con - by Kreslins and Baltic and intent of the Chan - In consideration of the representations of Kreslins and Baltic, City hereby grants to Kreslins and Baltic a non -conforming use the to use said premises and its principal structure as the business Office of Baltic, subject to the following terms and conditions permit of which shall be strictly complied with and adhered to as being , all necessary and essential for the protection of the public interest: 1. The site shall be rehabilitated and cleared of all nursery accessory buildings and structures, above ground fuel tank, tractors, vans, trucks, camper tops, steel pipdies, pallets, ing, nursery materials, timbers, machtractor ines, vehicles, junk and debris; and shall be improved and landscaped in accordance with the site plan/landscape plan designated as Exhibit A herein. The said site improvement and landscaping shall be completed and installed by 2• 1979. The incidental alterations to the be made strictly in accordance with rthe 1floorpaltPlan udesishall gnated as Exhibit B herein and shall be completed and installed by cano 1979• The presently existing py on the front of the principal structure and the lean-to structure at the rear thereof shall be removed as a part of the permitted incidental alterations. 3• The exterior of the principal structure shall be cosmeti renovated in accordance with the exterior elevations cally l designated as Exhibit C herein, and shall be completed and installed by 1979. -3- 4. Exterior lighting of the premises and all signs thereon shall be as approved by the City 5. Enlargement of the principal structure on said premises shall not be permitted. 6. The principal structure and all site improvements on said premises shall be maintained in a good state of repair, and all landscaping on said premises shall be properly maintained and replaced as necessary. 7. Motor vehicle parking upon said premises at any one time shall be limited to 13 private passenger vehicles, which shall include employee parking, and two parking spaces for the handicapped. All parking shall be limited to the spaces designated. Except for trucks furnishing essential services to the premises, no truck parking shall be allowed. 8. The driveway and -parking area shall be constructed with curb and gutter and bituminous surfacing, the specifications for which shall be as directed by the City Engineer. 9. All roof mounted or exterior mechanical equipment serving the principal structure shall be screened with materials similar in appearance to the exterior materials indicated in Exhibit C herein. 10. All work performed and materials furnished to said premises or the principal structure located thereon shall meet or exceed all City ordinances, regulations and standards. 11. All storage shall be confined within the existing structure. 12. The principal structure on said premises shall be connected to sanitary sewer and municipal water systems of the City within days prior to occupancy of the principal structure for the business use. 13. For the purpose of assuring to the City that the site and landscaping improvements to be carried out by Kreslins-:.and Baltic are installed and furnished as set forth herein, Kreslins and Baltic shall furnish to the City either a cash deposit, a corporate surety bond approved by the City attorney and naming the City as obligee thereunder, or an irrevocable letter of credit approved by the City in the amount of -4- 14. The premises shall be used by Kreslins and Baltic solely as the business office of Baltic, for its finance and insurance operations, which use shall not involve retail traffic on said premises. 15. No part of the premises shall be leased to other firms or corporations. persons, 16. The establishment, maintenance and operation of the proposed use shall not be detrimental to or endanger the public health, safety, or general welfare. 17. The use shall not be injurious to the use and enjoyment other property, and shall not operate to diminish Or impair property values within the immediate vicinity. 18. No vested right or interest under the Chanhassen Zoning Ordinance or this agreement is granted to Cermak, Kreslins, or Baltic to use said premises in a manner other than as set forth herein; and the City reserves the right to revoke for cause the within non -conforming use permit for any violation thereof upon fifteen (15) days' mailed notice of hearing given to Cermak, Kreslins, and Baltic. 19. Unless terminated b the Y provisions of §3(18) above or by §20.03, Restoration, of the Chanhassen Zoning Ordinance, this permit and the non -conforming use granted hereby shall terminate -on February 28, 2002, on which date the use of the premises shall conform in all respects to the then existing zoning in force with respect to said premises. 20. This agreement shall be binding upon the parties hereto, and their respective heirs, personal representatives, successors and assigns. 21. Reimbursement of Costs. Kreslins and Baltic shall reimburse the City for all costs, including reasonable engineering, legal, planning and administrative expenses, incurred by the City in connection with all matters relating to the preparation of this permit, the administration and enforcement of the within agreement, and the performance thereof by Kreslins and Baltic. The City is hereby given the right to specially assess said costs as a lien against the premises, collectible alongwith the general ad valorem taxes payable thereon. 22• Upon execution of this agreement b all dismiss without prejudice the Y Parties, the City shall Cermak. pending litigation against -5- 23• For the purpose of giving any notice hereunder, and unless otherwise provided by the respective parties, all notices and communications to any of them shall be addressed as follows: To the City: City of Chanhassen 7610 Laredo Drive Chanhassen, MN 55317 Attn: City Manager To Cermak: George A. Cermak To Kreslins: Hary T. Kreslins To Baltic: The Baltic Corporation IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed the day and year hereinabove set forth. CITY OF CHANHASSEN By Mayor Attest: City Clerk/Manager Hart' T. Kreslins THE BALTIC CORPORATION By Its And s George A. Cerma m:. c" 14 . The premises shall be used by Kreslins and Baltic solely as the business office of Baltic, for its finance and insuranc operations, which use shall not involve e on said premises. retail traffic 15. No part of the premises shall be leased to other firms or corporations. persons, 16. The establishment, maintenance and operation of the Pro use shall not be detrimental to or endan er the P Posed safety, or g general welfare, public health 17. The use shall not be injurious to the use and en* other property, and shall 30ymen of nt ot operate to diminish or impair property values within the immediate vicinity. 18. No vested right or interest under the Chanhassen Zonin Ordinance or this agreement is granted to Cermak g Baltic to use said premises in a manner other thanKasssets, oj forth herein; and the City reserves the right to revoke for cause the within non -conforming use permit for thereof any violation upon fifteen (15) days' mailed notice of hearing given to Cermak, Kreslins, and Baltic. 19• Unless terminated b of §3(18) S20.03, Restoration,, ofetheovisions nc by Chanhassen Zoning Ordinance,- this permit and the non -conforming use granted hereby shall terminate on February 28, 20020, on which date the the use of premises shall conform in all respects to the then existing zoning in force • with respect to said premises. This agreement shall be binding upon the parties hereto, and their respective heirs, and assigns. personal representatives, successor FeR7tf wtrH� UPON .Ltl DotCiev6 THE/?E'T'02Ip Kreslins and Baltic shall reimburse the City for all costs, -including reasonable legal, engineering, planning and administrative expenses, City in incurred by the connection with all matters relating to the Of this permit, the preparatior administration and enforcement of the within agreement, and the performance thereof by Kreslins and Baltic ' The City i-s hereby lght to specially assess said costs as a lien againsththepremis, alongwith the co general ad valorem taxes payableethereonectible tf Upon execution of this agreement by all parties, the City shall dismiss without prejudice the LCermak. pending litigation against Zti SIf�l� e6STS To 8E" INecus/v-Z" o,c- Acc. ,2CASokABGE= c rt y A6,4096 Expense' AV-b Sa •1- ca.sTS i�v eu�2F,c� a3y C rT y / I! TN E'/Tip/T- I hf II Ny L irfd,* rionV- .ravur-,F ors i f . tit :over, " noted: ire the :'ction to as in wmcn t ,leak. I am ge ,ut the quality of ed, :ri are receiving. 4 us —students, parents, teac .J:iinistrators, board members Was''it due tem the . .. To the editor: ,r r t`One We are among the 150-plus homeowne ram . of _ in the Chanhassen. Annex No. 2 that its irk iE it-. petitioned the planning commission at d effect. April 25, 1979, meeting, to deny a zoning change to. other than residential for the gn Pon the property, occupied by Cermak's Nursery. . intense = It. was- : our . understanding -.that the people.., property, formally known as Lots 1 and 2, iese ef- Minnewashta Park Addition, would in the ave any, revert to residential zoning early. 1980's or, if sold sooner, at -the effective govern—, date of any sale of the property. :ted, it The vote by the planning .conimissio , rnment to us, reflected a lack of responsiveness or delines. _ compassion for the views of homeowners ials to of. the area. We acknowledge being, a m to be somewhat remote annex to the City of Chanhassen, but feel our collective voices r r bune,vision ' should be heard. We, in turn, heard. no oty compelling reasons for the commission's dc `, acquiescence to the desires of The Baltic 40 to 60 Company, which recently purchased the luntary property. : = ' 4 r work, We acknowledge that Cermak s Nur Is, and sery has; been an eyesore, that they ap- them- parently have not completely adhered on the restrictive provisions set forth in zoning rockery the property to acdomodate their business govern- pursuits:- However, .we feel that , the' present action by the. -planning . coi$- 'got the mission,,as we perceive it, will create.'a than exist l. edwood greater problem presently We petition council to thoroughly as the ,the study the -entire question -prior to corning listed. -permissive action being taken >; d hike, We.: also: question. the due prose u asked". -; provided "by the commission; discussi+ ' ucation of the subject was limited to only one ted 32" hour, a vote was summarily cast and ted 26 approval. granted' to -Baltic's proposal. V� Baltic had a proponent on the commission 'based on Bob Waibel's presentation at ttie ercent 3ercent _ meeting,. whereas property ownersl; ` ,ent for ! hot. The property had not been posted `reflect that a change of zoning was be' depart- . considered. . . " -. In summary. we are opposed to .t he ,r being 'or less , , ..,zoning; change, feel that the planning mated.,,,commission acted with haste, and 'that more tharr • a small legal notice in the , !Carver. County,Herald indicating thata .. {change of zoning. was contemplated F would have been appropriate under. ,the `circumstances. By _ a-,. copy of this.. letter, we ware _ N b member. ; I urge you -to vote for Justie.._ ` �� Pe ,DJ 4 MS Y G( e GinnyBlac� VY-e, • � Chasm, c�.a.:..�$, � V V V 4: for`, lessw- requesting the City Attorney, the state p evio attorney general's office, -and the Carver -£ ` Chaska_. , County attorney's -office . to consider of Hi } whether the planning commission. zr River. provided due course to the citizenry, Chaski whether proper notification and hearing were thel =g. procedures were followed, and whether the planning commission's actions were objective and without conflict of interest. We expect that the record will reflect the basis for the approval in light of the protests and reflect the protests, and the reasons compelling action adverse to the - wishes of the constituency.' In the absence of such documentation, we would question By Al Johnso-- whether the planning commission vote at Who will the the April 25th meeting were merely .a 1980 in the effo. formalization ofa position on which the one term Pre& membership had already agreed- - The rate at wt We will appreciate you consideration sailing -into the of our views.. are many who, William J. Suman and Bonnie R. Suman vulnerable incg 6351 Minnewashta Woods Drive be no need to dri: Excelsior a -sacrificial la seems true —co :all directions, e The ,,. reason probably prompted :, rt Carter won a razory in- 1976 _ primarily bea. Southerner.. The South -and as such, with the sing, Virginia, supported their n, this understandable region. ved, it's reasonable to expect return to its normal copse: , ,conservative Republican " ,might crack the South wide open a "Solid South" Carter is. in tr It would seem logical under,\ - .cUmstances forthe Republicans to'\ one ` of their more--: conservatives didates. According to two national (Gallup and Harris) Ronald Reo agan is front-runner with the rank and file f party: These polls show Reagan. follow closely by former President Ford, wi Howard Baker, John Connally and the. others trailing far behind. ::i `:In this respect it is interesting to check: '`. the U.S. News and World Repast annual feature, "Who Runs America." The 1,439 American leaders surveyed: for' -the' feature were asked to name their party choice for*. 1980 nomination.- . The Republican .figures provide a vivid contrast with those of the public opinion polls: John Connally 31-9 percent, Howard _ _Baker,17.8 percent,,:Ronald..Reagan 22 F'�> F7—'y: 1 -. - -..: Y..,, .c • ''., ,� J, S c- 7` � xe t � .s - •.: Christmas • • • . • • . • •F • • = ® Lake lj u • _ OF Cam`' • PK ' yl • ® o Fit t T ll ` OF S • • \+;` `.� t Lake Lucy j • .��a — f \may • 1• A ®® q� • - - PK _ �_ 1 M •F 1 C% OF • • Lake Ann PX a \\ Y /' OF • , •F OF PK O P• OF 1 OF • •1, 1 ArfdOR_ BOUL VARO - OFOF a ae MI I OF LI 1 OF OF OF r` Cc O - RR r' i Lake Susan OF OF zi: 4 ,% - 22 � .. < . - � ~ ~ ^ ^ m' � | __- e all " � - , .. � � . ' . ` ( ^ �'! � -------� | � . � ! ' - not less than 1. Potition must be submiti, in triplicate, and with a map or plat i .lted on cardboard 17"a2G" with 1" margins. r v 2. Fees: For npiyeal to Town hoard from denial by Planning Commission, $10. After petittion has been accepted and hearing date set, $:3G plus $10 per lot, or, in case of unplatted land, $10 for each 30,000 square Ret or portion thereof. vasitiK� was presented to me by the Town Board of the Township of Chanhassen on the day of 119 and then duly referred to the Planning and Zoning Com- mission of the Township of Chanhassen, to be considered andex-dy,:b�: Isail'781fnisiOfS-fi`'%4210 Heariaga:;o be held in the Town Hall in the Township of Chanhassen on the ''" $ -- k at 8;00 o'clock P.M. 7 L Town tlerk, © ® O 0 ® © O VUlawpotitiontxor We tRW+of' ilia 1werlll;tev nt+ H(a ()lit nnrl rl('t)( t'Lb( rl In flirt ahtrVr' lr('I.II.I(itl rnrnn Irr fur'a (cur �:1II111�1�1 ;1U11 for a Public learing In tho 'Town Nall oil lllj;llwtly 41 In VIC 'TUWIIHIIII) of �:tlili LI I11 FiHCi1 Otl the day of , 19-/D at J 0 o'clock P.M.; and the Commission after fully hear- ing all parties interested in said matter and being fully afvised in the premises and being sartisficd that all the requirements of ilia law in respect to said petition and hearing herein have been duly and strictly complied with, and believeing that it be for the best interests of the Township of Chanhassen; *6 -habbjte+1%eonun=d'%,U -ff t+ i 'Td*h Bpox* of the Township of Chanhassen 4121PROVS IIETIE odd • poutwn. ($trlke Out One) / .t✓/,� t Chairman of Zoning Com sc/io�n 1)at.tii tllta .-��_.�. d13ry of br(;rut(u'y' of /..uning )mmisljtun 1 C'N.�,tv13 �.'�tIl53ier �il,���'nW31 �"in�t'di r / 4 .0 Dated this �-_-- day of �� ,19� , Town Clerk i .,Oy a,.: ,.\ hl,, lc :i„, ��. .. : ,:• .Gi'�':i : rr,i ltcl ,. •i1'Jn i•,,u u, ia;Lai.c11(a; - 7"Idence, District A; 3. Residcn District Resideac; Distict C; 5, usinesc; etnd G. Industrial and provided in said ORDINANCE AMENDMENT NO. 8, that -the said USE DISTRICT of any parcel of :L,-,d in said TOWNSHIP could be re -zoned by ordinance of the TOWN BOARD upon petition, after a public her.rire and ,published notice thereof in an official newspaper not less than 10 days 'before ,the date of said public hearing. ,; 9 hese,by pWtion­jthe Town' Board of the Township of Chanhassen ' ;change theh)ereinafterdescribed promises prcrrises in said TOWNSHIP OF CHANHASSEN 44'o '8's District;?ko•_�•, District, namely 'the following described premises located in the Township of Chanhassen, To -wit: Of v .mac. w� , % 0a f � 4 Date ,19 STAT-� OF MINNESOTA COUNTY �OF,G�ARVER % TOWNS OF CHANHAS DETITIONERS Owners Agents being first duly sworn on oath, say: that —.-he has full knovtiedge of the facts in said petition contained and that the statements made in said petition are true of l {�1 i - — own knowledge. That said petition 1 hereby agrees to pay all fees required by ordinances in said matter, and that the map or plat herewith submitted- show all lands within 200 feet and the owners and ; addresses of same according to records in the office of the Carver County Auditor. Subs ribed 'and sworntobefore me Apr. 1070. INSTRUCTIONS 1. Petition must be submitted in triplicate, and with a map or plat mounted on cardboard not le&3 than 17":t2u" with 1" margins. 2. Fees: For appeal to Town Board from denial by Planning Commission, $10, Af,ter petition has been accepted and hearing date set, $35 pluli �10 por lot, or, ii1 casa of unl1la;tl'='� lc�ii�l lA i,',' vH4.j} 30,000 s911aru of por tlui} illu+w4t /I'I1(f I,I,uuu 1u'd111mJ wu; �Ill'SCIIiEI� �u ille l,y ihu '.}'uwil llum-11 uP Iho 'I'umidillp Ut Gllanllasseu uu ilia /'/t �+ ( �� �' ������!'^• ,jjll �:� , hll(! 41l'1l illli� ifi(�i{cc,, 11! ilia i,;, (l� � iY, i .� .. _ _: _L-..Lits:,.�nL•i.:__1.,ftL•�L:,r.,�,:.,,,_��__>a�._��.._ta.,s�a._.-�__i_�w�.i _.�„ u,�Isi.Ci,n„ufuula.0 FL.-.p_..ZL.Li:.._1I..,.-��.:_�„ No 05 w _ w o CD -� a N� a o �- o a � = Q : FOREST a; qN �• .: to 0 O ` S — CA o p2 k3 LI N 9�'f �r r� ry mr '95 OD pD 8O fzW v a J� Q (Aoj 0 0) O m o 75 75 V D NN Mlm _ ORIOLE w _ : COO I,32I _-Pco E j O C a ! 1 r wa m tA- O W CD O X 110 r •P� � -i O md' MAPLE \ LANE C 92., r _ 7 pg Res.--- - 1s.8� Q -v.r /C� p VA I - - E N � G-1 L. 0 � I- ol . CO i >1 a 4) Lm I LARSOv & Mr,RTZ ATTORNEYS AT LAW 1900 FIRST BANK PLACE WEST RUSSELL H. LARSON MINNEAPOLIS, MINNESOTA 55402 CRAIG M. MERTZ OF COUNSEL November 24, 1981 HARVEY E.SKAAR MARK C. MCCULLOUGH Donald W. Ashworth Chanhassen City Manager Box 147 Chanhassen, MN 55317 Dear Don: TELEPHONE (612) 333-IS11 Re: The Baltic Corporation I am pleased to enclose Transamerica Insurance Services' draft in the amount of $4700.00 payable to the City in settlement of the pending litigation. The bonding company will and please have Karen or require the return of the original bond, Kay deliver the same to me for trans- mittal to the bonding company. RHL:mep Encl. �W/ i *AA-k wa ZS tru urs, SELL H. LARSON Chanhassen City Attorney NO'.' G 5 Jydl CITY OF CHANHASSti Aoomb LARSON & MERTZ ATTORNEYS AT LAW 1900 FIRST BANK PLACE WEST RUSSELL H. LARSON MINNEAPOLIS, MINNESOTA 55402 TELEPHONE CRAIG M. MERTZ (612) 333-I5II OF COUNSEL November 24, 1981 HARVEY E.SKAAR MARK C. MCCULLOUGH Donald W. Ashworth Chanhassen City Manager Box 147 Chanhassen, MN 55317 Re: The Baltic Corporation Dear Don: I am pleased to enclose Transamerica Insurance Services' draft in the amount of $4700.00 payable to the City in settlement of the pending litigation. The bonding company will require the return of the original bond, and please have Karen or Kay deliver the same to me for trans- mittal to the bonding company. RHL:mep Encl. Ver tru urs, SSELL H. LARSON Chanhassen City Attorney �C?h, ,, NOV Z5 M1 CITY OF CHANHASSE August 4, 1930, Council Meeting _2-- SPECIAL COUNCIL MEETING: The Council will hold a special meetirxg August 11, /1980, to review proposed assessments with the City Engineer. BALTIC CORPORATION MN-CONTOR 4ING USE PERMIT: At the CouncilI s request, Lan Holte was present to review items not completed as setforth in the non -conforming use permit. No action was taken. The City Attorney will proceed with court action against Baltic Corporation and Transamerican Insurance Company. IAKE LZTCY WATERMAIN PROTECT: The City Manager discussed his report of July 21,. 1980. The Planning Commission recc mended that the Council not construct the Lake Lucy Road watermain but instead drill another well at wellfield 13. .Primary concern by the Planning Commission was the comparison of $125, (100 for a- new wen versus $330,000 for the Lake Lucy Road watermain construction. Council manbers discussed a connection from the new. well in Chanhassen Lakes 13zsiness Park along State Highway 5 west to Galpin Blvd. and north on Ga1pi,n Blvd_ U) the: exi.-,tixtg well. Councilman Neveaux moved to table action until the City Manager defines the costs of running a line along Highway 5 to Galpin Blvd. and ways to find the project. Motion seconded by Councilman Swenson. The following voted in favor: Mayor Hobbs, Councilmen Pearson, Neveaux, Geving, and Swenson. No negative votes. Motion carried. NORTH AREA ASSESSMENT - HCVPRD VERLO: Mr. Verlo was present requesting an explanation of his assessment. The City Attorney will meet with Mr. ZTerlo.to explain the assessment. PUBLIC NUISANCE, 6689 NEZ PERCE DRIVE: A signed petition was received from the residents of the 6600 block of.Nez Perce Drive in Carver -Beach requesting assistance in restoring the neighborhood to the quie#.and_safe place it: was. Captain Al Wallin, Sheriff's Office, and several neighbors were present. No action -mas taken. PUBLIC IMPROVEMENT PETITION, LOTUS TRAIL: A signed petition hasbeen received requesting the paving of Lotus Trail. Several residents were present. Councilman Pearson moved to authorize a feasibility study for the paving of Lotus Trail and refer the question as to how to resolve the apparent conflict between the Carver Beach Plan and actual property usage. patters. to the. Park and Recreation Commission and Planning Commission for their consideration. Motion seconded by Councilman Geving. The following voted. in favor:. Mayor Hobbs, Councilmen Pearson; Neveaux, Geving, and Swenson. No negative votes.. Motion carried. tPARK ONE DEVELORMENT PROPOSAL: Julius Smith, Jerry Korsunsky, and Daryl Fortier were present. The Planning Commission has reccrumended that the Council approve a generalized sketch plan reflecting that the northerly portion of Park One be developed as a planned industrial area. Councilman Pearson moved to authorize staff to solicit proposals to prepare a feasibility study and prepare a tax increment financing plan. An escrow account will be established to cover all possible contingencies involved in the preparation. of reports and staff time. Motion seconded by Councilman Neveaux. The following voted in favor: Mayor Hobbs, Councilmen Pearson, Neveaux,. Geving, and Swenson. No negative votes. Motion carried. Mayor Hobbs moved that assuming the project is feasible, in order- to proceed under either a public improvement project or an econcmi.c development district the City Council is of a mind that the project To7ould have to be guaranteed. Motion seconded by Councilman Geving. The following voted in favor: Mayor CITY OF ag-LpI CHANHASSEN 7610 LAREDO DRIVEOP 0. BOX 147*CHANHASSEN, MINNESOTA 55317 (612) 474-8885 MEMORANDUM TO: Land Use Coordinator, Bob Waibel FROM: City Tree Inspector, Doug Mitchell DATE: April 10, 1980 SUBJ: Baltic Screening Plan GENERAL DESCRIPTION OF PLANTING PLAN Screen planting to occur for approximately 208' beginning 14' east of property corner stakes and progressing eastward from that point. The western one-half generally consists of two rows of plant materials; the back (north) row consisting of Black Hills Spruce, the front row (south) being Zebel's Honeysuckle. The eastern one-half generally consists of a double row of Zabel's Honeysuckle. The planting will require the complete removal (crown and root system) of the second apple tree east of the corner marker. In addition, a loam fill may be required in some of the areas adjacent to the retaining wall to allow -planting to occur. PLANT LIST QUANTITY SPECIES Vl SIZE EST. COST 40 Lonicera Korolkowi 'Zabeli' 41Pot r: $9. ea ($360) 10 Picea gletuca densata 6' B&B -$115. ea ($1,150) 4U4`' Estimated Total Cost (Plant Materials Only) $ 1,510.00 RECOMMENDED GENERAL PLANT MATERIALS SPECIFICATIONS 1. All plant materials shall be guaranteed true to species and shall be free from any disease or blight. 2. All stock should be carefully packed, shipped in covered vehicles, and shall be protected from sun and wind prior to planting. 3. All plant materials shall be thoroughly watered -in immediately after planting. 4. All plant materials shall be watered thoroughly at regular intervals (7-10 days) during the growing season for one year from date of planting (evergreens shall be watered until the ground freezes in the fall). 5. Planting shall be done according to drawings provided by the City (only trees shall be staked). 6. Exact locations of plant materials shall be staked in -the -field by the City. CITY OF 7610 LAREDO DRIVE•P.O. BOX 1470CHANHASSEN, MINNESOTA 55317 (612) 474-8885 MEMORANDUM TO: City Manager, Don Ashworth FROM: Land Use Coordinator, Bob Waibel DATE: July 30, 1980 SUBJ: Baltic Corporation Non -Conforming Use Permit Performance Requirements PLANNING'CASE: P-619 Upon reviewing the subject property on this date, I find. that all of the items on the attached correspondences need yet to be completed with the exception of No. 5, the screening of roof top mechanical equipment. �a^t?�»�1!M°F.!+7.�^'.sea:a.wr�r r-'�r:'4> ..-^r`�';.`':-�.`��•.. -nR'st^•'- ..,.�r°--�'-*a. ... z,.,.a.»..,.•�..rza�=.*.. "'—,?'.�.r--•'���--r�rr BALTIC r o raf BALTIC BUILDING 2540 ORCHARD LANE EXCELSIOR, MINN. 55331 (612) 474-2591 July 21, 1980 Mr. Bob Waibel City of Chanhassen 7610 Laredo Drive Chanhassen, Minnesota 55317 Dear Bob: Mr. Kreslins and myself are both committed to previous en- gagements this evening and will not be able to attend the Council Meeting. We were only notified of the meeting last Friday afternoon which did not allow sufficient time to change our plans. As of this date, all things requested in the City Attorney's letter of May 28, 1980 have been complied with except the sodding and expanding the parking area to proper specifications. I would appreciate a copy of the approved plans as there are two sets in existence and we apparently have the wrong set. The landscaper will begin the work this week on the sterilized sod area as soon as he gets the equipment from another jobsite and should have the earthwork done and black dirt hauled in within 10 days. As I indicated to you earlier, it turned out to be a much larger pboject than originally anticipated, caus- ing the delays beyond July 1, 1980. We will build a cover over the dumpster area to coincide with the completion with the rest of the project. The Black Hills Spruce are agreeable to us, however, our land- scaper advises that there aren't any available that he feels will live in that soilat this time of the year and that we should wait until Fall. No landscaper will guarantee success- ful growth of this species due to the close proximity to the highway, so this coupled with the fact that the trees available are not particularly healthy this time of year would seep>ito preclude any planting until Fall. continued - Part of the delay on this phase was due to the fact the City did not stake out the location of the plantings until early July, 1980. We put the shrubs in two days after that was completed. We would like to impress upon the Council that it is not a lack of interest on our part that we are not able to attend the meeting and invite any members to call or stop by if there is further clarification required on any of the above points. Sincerely, THE BALTIC CORPORATION Lon D. Holthe Executive Vice President LDH:bmm CITY JF CHANHASSEN 7610 LAREDO DRIVEeP 0 BOX 147*CHANHASSEN, MINNESOTA 55317 (612) 474-8885 July 18, 1980 Mr. Robert:L. Wagner 2511 Orchard Lane Excelsior, Mn 55331 Mr. Gene Conner 2521 Orchard Lane Excelsior, MN 55331 Gentlemen: Councilman John Neveaux has requested that I send you copies of the attached recent correspondence regarding the completion of the requirements of the Baltic Non -Conforming Use Permit for your records. Also, this letter is to inform you that the City Council will be discussing this matter, including the completion of the requirements, progress on the legal action against the Baltic surety and the surviv- ability of the landscape materials if planted at this time of year at 7:30 p.m. at the City Council meeting of July 21, 1980. Your attendance and comments are invited. If you have any questions or comments, please do not hesitate to contact me. Sincerely, Bob Waibel Land Use Coordinator BW:k Enclosure .a CITY OF 7610 LAREDO DRIVE*P.O. BOX 1479CHANHASSEN, MINNESOTA 55317 (612) 474-8885 July 18, 1980 Mr. Lon Holte Baltic Corporation 2720 Orchard Lane Excelsior, MN 55331 Dear Lon: As 1 had indicated in our telephone conversation of the other day, at special request, the City Council will discuss the status of progress on the completion of the requirements of the Baltic Non - Conforming Use Permit. The Council's agendas do not designate any precise time for the Visitor's Presentations, however, the discussion should take place'at approximately 7:30 p.m. on Monday, July 21st. Sincerely, Bob Waibel Land Use Coordinator- ;: CITY JF P9 CHANHASSEN 7610 LAREDO DRIVEOP.O. BOX 1470CHANHASSEN, MINNESOTA 55317 (612) 474-8885 SIGNAGE REPORT TO: Sign Committee and Staff FROM: City Planner, Mark Koegl.er *f- DATE: July 8, 1980 APPLICANT: Baltic Corporation PLANNING CASE: P-619 Baltic Corporation is requesting a free standing sign for their office location on Highway 7. Baltic has proposed to utilize the existing Cermak Nursery Sign structure which consists of a 6" diameter pipe frame and a suspended 58" x 10`2" plywood panel. The total sign occupies 49 sq. ft. Chanhassen Sign Ordinance 36 permits 80 sq. feet of signage for this type of use. In reviewing the subject request, staff is not concerned with the size of the proposed signage since it is located on a State highway and is well under ordinance standards. The structure of the sign 'itself is, however, of particular concern. The pipe framework which is capped by T-fittings seems inconsistent with both, the intent of overall signage within the City as well as with the quality of the remodeling job Baltic has done in con- verting the old Cermak Nursery into an office use. It would seem that a wooden structure of the same overall dimension would be more in keeping with the previously mentioned concerns. Staff Recommendation Staff recommends that Baltic Corporation for the existing structure be replaced with wood. the Sign Committee approve a permit for a.sign not to exceed the overall area of providing that the current pipe supports 7610 LAREDO DRIVEeP.O. BOX 147*CHANHASSEN, MINNESOTAA 55317 (612) 474-8885 MEMORANDUM DATE: June 30, 1980 TO: City Attorney, Russell Larson. FROM: Land Use Coordinator, Bob Waibel SUBJ: Baltic Plan Completion PLANNING CASE: P-619 'x. Attached you will find my June°113D, 1980.-- kesponse to Lon Holte's letter of June 25 1980. On li p:oirits 2 and 5, I have mentioned reference -to yourself regardir b ahy problems in calling the performance. bond to enforce th-e deadline date_ Please advise me as to whether or not we can administratively grant several days grace period to accomplish the items remaining. r� s ii 7610 LAREDO DRIVE•P.O. BOX 147*CHANHASSN, MINNESOTA 55317 (612) 474-8885 June 30, 1980 Mr. Lon Holte Baltic Corporation 2540 Orchard Lane Excelsior, MN 55331 Dear. Lon : .In response to your letter of Jule 25, 1980, I have the following comments: t� { 1) . With .regard to your questiffi,, on the substitution of Colorado Spruce for their Black.hill Spruce, the City Forester, Doug Mitchel;.: has indicated that based upon recent purchases, the-5'Blackhills variety is generally available. AdditionaIly, he has stated the reason for his recommendation ;o-f the Blackhill Spruce as follows; a) -the species does'`well near Highway or street conditions, b) it is more tolerant of diffe�,ent soil types (to our knowledge there,��is no detailed soils information available for this area) ;Y�c) it is more coripact in size than other evergreen species and due to the'�.(compact area in which the screeningY,i`s recommended, the Bla01�hills Spruce would be more :desirab.le, ..d) , it. sr_moze :drought resistent, e) the Bla'Ahillspecies ages better and remains fuller, f) the growth` is smaller and.. more dezrse,.)t) 'Blackhitls has ma.ongevity, h) it is less susceptibl:e.<tfl winter browning thanl:the, Colorado Spruce. 2)'. As to the question about the' "difficulty of completing landscaping work in thearea where the soil was sterilized, I can only state that I--~n"st take this under the advisement with the City Attorney's-nce it does involve the extension of a set deadline. 3).- Mark Koegler has indicated that he .has scheduled a review of your sign permit application on July 10, 1980. A copy of the Sign Committee agenda for that review will be forwarded to you prior to the meeting. 4). In reviewing your site plans with reference to your, _question on the parking area, I find that the plans approved by the Mrs Lon. Holte �` -2- ''�� June 30, 1980 City Council were of a design to meet the parking formula for office buildings. In line with this,the parking lot should be developed as per those approved plans. 5). As per our telephone conversation of this day, I would expect that the use of a dumpster at the subject property - would include a screening proposal. Such screening is commonly -provided for with either redwood type fence enclosures, and/or brick enclosures. As like item 2, of the above, this will have to be taken under advisement with the City Attorney's office in that it does apparently emceed the deadlines_ If you have any questions or comments on the above, please do not hesitate to contact me. Sincerely,, 6 '�) Bob Waibel Land Use Coordinator BW : k cc: City Manager, Don Ashworth City Attorney, Russell Larson the BALTIC Corporation BALTIC BUILDING 2540ORCHARD LANE EXCELSIOR, MINN. 55331 (612) 474-2591 June 25, 1980 Bob Waibel City of Chanhassen 7610 Laredo Drive Chanhassen, Minnesota 5531.7 Dear Bob: This is to summarize our progress on 3y 28th letter from Russell Larson. ie order listed in his letter: our landscaping per the T will address them in 1. The grooming process is in progress at this point and will be accomplished. prior to the July 1st deadline. 2. 'We have located the honeysuckle bushes and will plant them according to the plan submitted by Doug Mitchell. We are having some problem locating Black Hill spruce in sufficient quantities, however, we have located Colorado spruce which are slightly more expensive but should be at least as effective as the Black Hills spruce. We would like to have some ruling on that proposal. In the interim, the non -conforming special, use permit indicates that the City is to stake the lo- cation of the spruce trees which has to be done by someone from the City in the very near future. As to the general landscaping of the grass areas, we anticipate some difficulties with the land in front of the building facing highway ;' as George Cermak steri- lized the soil, unknown to us, which means we are going to have to do some fairly extensive excavating of the topsoil which is now basically clay and rock and re- place with black dirt. It also means re -doing the lighting wiring underground in front of the building as it is too near the surface. Because of this we will have no possibility of completing the plan in time for the July 1st deadline on that portion of the property. continued - 01 JUIN 198U VXLA'W or C*WM�. g� -2- Bob Waibel City of Chanhassen June 25, 1980 3. I have submitted the signed application to Mark Koegler and was advised that he would get back to me once he had time to review it. 4. The driveway is completed but there is some confusion as to the parking area as there were two sets of plans in existence when we were working on this and apparently the Village has one set of plans and the Contractor has a different set. The basic difference appears to be the width of the parking area which, because of numerous personal cutbacks, we do not need as many parking spaces as we have had in the past, and would ask that we can leave the parking lot as is with the possibility of ex- panding the parking lot if the space is needed. 5. The screening of the roof -top mechanical equipment is commencing June 26th, 1980 and should be done well in time for the July 1st deadline. This barrier will be 5 feet off the roof and securely anchored to the air- conditioning system and will be stained with colors matching the existing building. 6. In the original contact, paragraph 11 indicates that "all storage shall be confined within the existing structure". It is not our interpretation that this would include a dumpster as I do not interpret a dump- ster to be considered storage area and I know of no other place that one could store refuse inside a build- ing and., therefore, feel this request would be unreason- able. I have been working with Pat Sullivan on the sewer hook- up who has indicated he will be working with the Village engineers to complete this process. Mr. Sullivan indi- cated he could start work the week of June 30th and be done the same week. I hope this will help clarify some of these items and would appreciate any feed back you can give as soon as possible. Sincerely, THE BALTIC CO RATION 7 Lon D. Holthe Executive Vice President cc: Hary Kreslins Dick King, Lakeside Agency LDH:bmm BALTIC BUILDING 2540ORCHARD LANE EXCELSIOR, MINN. 55331 (612) 474-2591 June 11, 1980 Bob Waibel City of Chanhassen 7610 Laredo drive Chanhassen, '!N 55317 near lob: I have enclosed the Sign Permit Application for the existing sign in front of our building. I have discussed this with various people in your offices previously and we have pretty clearly established that the sign conforms to existing Village ordinances. Therefore, we intend on using the existing sign and will put on a new face with the sign lettered according to the enclosed sample. I would appreciate being advised as to what, if anything, is required further before we can start having the sign painted. Sincerely, Lon C. Holthe Executive 'Dice President BALTIC CORPORATION LDH:mh enc. t RUSSELL H. LARSON CRAIG M. MERTZ OF COUNSEL HARVEY E. SKAAR MARK C. MCCULLOUGH LARSON & MERTZ ATTORNEYS AT LAW 1900 FIRST NATIONAL BANK BUILDING MINNEAPOLIS, MINNESOTA 55402 The Baltic Corporatiop 2540 Orchard Lane Excelsior MN 55331 Gentlemen: May. 28, 1980 Re: Non -Conforming Use Permit City of Chanhassen TELEPHONE (612) 335-9565 Reference is made to our letter of May 28, 1980, a copy of which is attached, relative to requirements of the Non -Conforming Use Permit of August 10, 1979, which must be complied with by you by July 1, 1980. In addition to the six items of work set forth in said letter you will be required to connect the premises to the municipal sanitary sewer system by July 1, 1980. Failure to comply with previously listed will letter of May 28, 1980. this requirement and the six requirements result in the action set forth in our RUSSELL H. LARSON Chanhassen City Attorney RHL:ner Enc cc: Chanhassen City Council Don Ashworth Bob Waibel Transamerican Insurance Company Claims Service Office 5100 Edina Industrial Blvd Edina MN 55435 Bond #5363 58 00 N aA r, Exam � *C x��< Mom a v !cam Z ' 6 81-Ckc , CITY OF CHANHASSEN 7610 LAREDO DRIVEOP.O. BOX 1470CHANHASSEN, MINNESOTA 55317 (612) 474-8885 MEMORANDUM TO: City Attorney, Russell Larson FROM: City Land Use Coordinator, Bob Waibel DATE: May 21, 1980 SUBJ: Baltic Corporation Punch List PLANNING CASE: P-619 In response to our phone conversation of the other day, I have made an inspection of the Baltic office building site and report the following items,.as needing to be';`completed and/or administrated in order to satisfy the non -conforming use permit between Baltic and the City. 1). Final grooming of the property, i.e. removal of incidental debris presently on. -the site. 2). Completion of the landscape plan with the proposed amendments by the City Forester for the southerly screening. 3). Final approval of lighting plan by the City Engineer and sign approval by the Sign Committee (It is my feeling that the existing sign that was used by Cermak should be removed , in_' lieu -of - the-: sign that: was shown on the plans submitted by . Baltici . _. 4). Completion• of_ the driveway and parking area,.:: in accordance with Section 8 of the non -conforming use permit. 5) . Screening of roof top mechanical equipment. 6). Removal of the dumpster presently on the property (The non -conforming use permit maintains that all storage shall be confined within the existing structure.) 7). Connection of the subject property to sanitary sewer. 8). Submission of landscape performance bond. The non- conforming use permit requires that Baltic shall furnish Mr-, Russell Larson -2- May 21, 1980 0 to the City a surety bond that will provide for the completion of the landscaping plan. I believe that in addition to the installation of the landscape materials, sufficient monies should be set aside for the tpayment of labor to assure that the landscape materials will survive the needed amount of time to be self sufficient. Contact me if you need any further clarification on the items on this list. cc: City Manager, Don Ashworth file LARSON & MERTZ ATTORNEYS AT LAW 1900 FIRST NATIONAL BANK BUILDING RUSSELL H. LARSON MINNEAPOLIS, MINNESOTA 55402 CRAIG M. MERTZ OF COUNSEL May 28, 1980 HARVEY E. SKAAR MARK C. MCCULLOUGH The Baltic Corporation 2540 Orchard Lane Excelsior MN 55331 Re: Non -Conforming Use Permit City of Chanhassen 1 Gentlemen, TELEPHONE (012) 335-0565 The Chanhassen City Council has directed me to inform you that the following listed requirements of the. Non -Conforming Use Permit_ of August 10, 1979 must be complied with by you not later than July 1, 1980: 1. Final grooming of the property, i.e., removal of all debris presently on the site; 2. Completion of the landscaping according to the plan as approved by the City Council on January 7, 1980, as supplemented by the City Forester's 303 ,2�2911�, Screening Plan Report of April 10, 1980; x, ,4. �Q. 3. Submission of signage and exterior lighting plans pY �ggp for City Council approval; .V,Czr4 � CP c" 4. �A Completion of driveway and parking area in accor- 90N, dance with Section 3(8). of the permit; GRAN 0 >8 M1NA. `1' 5. Screening of rooftop mechanical equipment in gl 96��� � __ - accordance with Section 3 (9 ) of the permit; 6. Removal of the dumpster presently on the property. The permit requires that all storage shall be confined within the existing structure. Your failure to comply with the fore oing conditions within the time limited shall.result in the co cemen of an action in Carver County District Court by the C' y of Chan ssen against your firm and its surety, Transamerican Insur ce C ply, to compel performance. MEWSM-W , RUSSELL F/. LARSON Chanhassen City Attorney RHL:ner cc: Chanhassen City Council Don Ashworth Bob Waibel Tranaamari ran Tnc! iranr•A (1r%mnanc7 t CITY'OF 6. CHANHASSEN 7610 LAREDO DRIVE*P.O. BOX 1479CHANHASSEN, MINNESOTA 55317 (612) 474-8885 MEMORANDUM DATE: May 16, 1980 TO: City Manager, Don Ashworth FROM: Land Use Coordinator, Bob Waibel SUBJ: Baltic Landscape Plan PLANNING CASE: P-619 Attached please find the screening plan narrative recommended by the City Tree Inspector. The applicant has indicated to me in a phone conversation of this day that he will be present to discuss this recommendation with the City Council. f(f CITY OF 7610 LAREDO DRIVEeP.O. BOX 147*CHANHASSEN, MINN ESOTA 55317 (612) 474-8885 May 9, 1980 Mr. Lon Holte c/o Baltic Corporation 2520 Orchard Lane Excelsior, MN 55331 Dear Lon: I have been recently informed by Russell Larson, City Attorney, that the Baltic Non -Conforming Use Permit is scheduled for its first annual City Council review on the first regular meeting following August 10, 1980. At this time'it appears that such will be considered at the City Council meeting of August 18, 1980. Sincerely, z��.�� Bob Waibel Land Use Coordinator BW;k cc: City Manager:, City Attorney, File P-619 Agenda File Don Ashworth Russell Larson r� LARSON & HERTZ ATTORNEYS AT LAW 1900 FIRST NATIONAL BANK BUILDING RUSSELL H. LARSON MINNEAPOLIS, MINNESOTA 55402 TELEPHONE CRAIG M. MERTZ May 7, 1980 (612) 335-9565 OF COUNSEL HARE,SKAAR MARKK C C. Mc CU LLOUGH Chanhassen City Council' c/o Donald W. Ashworth } Chanhassen City Manager Box 147 Chanhassen MN 55317 Jam' Re: Baltic Non -Conforming Use Permit Dear Coun cil Members: Following the Council meeting of May 5, 1980, I checked the Baltic Non -Conforming Use Permit and learned that the annual review of the permit and the implementation of the work required by it is to be considered by the Council at the first regular meeting following August 10, 1980. erl, truly y rs , RUSSELL H. LARSON Chanhassen City Attorney RHL:ner mAY 1980 `. RECEIVED \ VILLAGE OF; CHANHASSEN, \� MINN '. CITY OF y CHANHASSEN 7610 LAREDO DRIVE•P.O. BOX 147*CHANHASSEN, MINNESOTA 55317 (612) 474-8885 MEMORANDUM DATE: April 30, 1980 TO: City Manager, Don Ashworth FROM: City Land Use Coordinator, Bob Waibel SUBJ: Baltic Landscaping Plan PLANNING CASE: P-619 Attached please find the Baltic composite landscape plan which takes into account the City Tree Inspector's recommendations of April 10, 1980. It is intended that this plan will address the concerns of the Council and surrounding residents regarding screening of the subject property from properties to the south. MEN Council Meeting Janua: 7, 1980 -2- GEORGE WAY LOT DIVISION, REVIEW DEVELOPMENT CHARGES: Louis Zakariasen and George Way were present requesting the Council review the charges that were billed to Mr. Way for his lot division. Councilman Neveaux moved that the Council give credit'on account #917 for,50q and charge Mr. George Way the -other 50%. For the sake of expediency the other -- 50% be charged to general levy. Motion -seconded by Councilman Geving. The following voted in -favor: Mayor Hobbs, Councilmen Pearson, Neveaux, Geving, and Swenson. No negative votes. Motion -,,carried. There were issues inherent in v3hat should have been a relatively simple lot split that were not the fault of the petitioner. NORTHERN CONTRACTING COMPANY -ACCEPT ARBITRATIl ON AWARD:- The' Cound - acted on' Decem er- 7; 979, to accept the -arbitration award. Jim Orr w-as present and recommended the Council not pay the final payment of $15,,278.61 iro,lofthern- Contracting because of potential problems with settlement in the streets and possible seal coating. Councilman Geving moved to accept the arbitration award of $15,476.18�and retain' - the $15-278.61 °for ensuing street repairs, and possible',s-eal-"•coating. Motion seconded by Councilman Neveaux. The following voted in favor: Mayor Hobbs, Councilmen Pearson,' Neveaux, Geving; and'Swenson., No'negative•'votes. Motion carried. SCHOEN'BUILDING AND' VARIANCE"REQUEST, HIGHWAY-101 AND VOGELSBURG TRAIL':' -The Board of Adjustments and -Appeals acted -to table action on -this item to jointly consider it with the Council. Mr.' and Mrs.- Douglas Schoen were present- requesting a variance to Ordinance 45 to allow the issuance of a building" permit to construct 'a home on a tract_ of land 0.7 acres in size located between -the Chicago and , Northwesterrr- Railroad-right-of-way 'and-the•southern line of Bluff Creek Highlands Second Addition. They also have purchased a 4.06 acre tract adjacent -to -the 0.7 acre tract. Staff recommended' denial-- of -the-variance -application'.for the reason- that the parcel: of l and : i nvol vest . i s less than -2 2 acres i n size. and hence- does- not qualify for a`permit,under Sectron 2:02-, of Ordinance 45'.-- In- addition; there is no effective means-- by -which the City coul d- prevent "-the- conveyance of Tract, B to a third person as 'it is a separately des cri-be& metes and bounds parcel of land. Will Johnson, Board of Adjustments and Appeals, John Degnan, Attorney for the Schoen's, Jerry `Koenke, -and Jim" S-Ulerud were present. Councilman Geving moved to deny the variance"request-for a building permit for the reasons cited' in conformance- with the- City Attorney's letter of December "28; 1979. Motion seconded by Councilman Neveaux. The following voted in favor: Mayor Hobbs, Councilmen Pearson, Neveaux, Geving, and Swenson. No negative votes. Motion. carried. BALTIC CORPORATION, REVIE14 LANDSCAPING PLAN•: • The Council previously approved a landscaping plan 'contingent upon the City Forester preparing a --plan for additional screening along the south side of the property:" Mr. 'and,.Mrs. Conner, neighbors to the south, were -present.- The City Forester prepared several plans :usi°ng different types of landscaping to•screen along the south --side.- A letter -was read from -the Robert Wagner's; 2511 Orchard Lane, expressing their concern about - the landscaping plan.' Council members generally "liked'a combination of plans A and B to -be i"ricorporated in the approved landscape plan. Site lines from the two properties to the south- should betaken -into consideration PROFESSIONAL SERVICES AGREEMENT, B.R.W., HOUSING AND REDEVELOPMENT AUTHORITY: Councilman Neveaux moved that the City authorize the HRA to contract with the "ON LAKE MINNETONKA y 1 ~1 -ST. ALBANS BAY" 21965 Minnetonka Boulevard Excelsior, Minnesota 55331 612/474-8833 ai } January 11, 1980 Don Ashworth1, City of Chanhassen, 7610 Loredo Drive Chanhassen, Minnesota 55317 .r , 5,` Dear Mr. Ashworth: 4� I have received your notice of the January 7, 1980 Council Meeting where The Baltic Corporation was scheduled under new business to review the landscaping plan. I apologize for not attending this meeting, however, I received the notice of the . meeting the day after the meeting was held 11y11 pv and was not aware that we were going to be on the agenda for discussion. It was my understanding from the last meeting I attended on this subject that we would have the landscaping done prior to the renewal of the next year's contract with the Village and that in the interim the City Forester or some- one like that was going to advise us as to the feasibility of planting trees along the road above the property because of an anticipated problem of snow removal. I would appreciate hearing from the City of Chanhassen as to what is required for complying with all the terms of the con- tract prior to next Spring, particularly on the landscaping. Sincerely, THE B IC CORPORATION L' Lo D. Holthe Executive Vice President LDH:bmm JAM 1980 RECEr"M ;fit v1u.A6L OF cHANHt. c MINK. r1v CITY OF 9 CHANHASSEN 7610 LAREDO DRIVEOP.O. BOX 1470CHANHASSEN, MINNESOTA 55317 (612) 474-8885 MEMORANDUM TO: Mayor and City Council FROM: City Manager, Don Ashworth DATE: January 7, 1980 SUBJ: Baltic Corporation, Review Landscaping Plan As a part of the conditional use permit for Baltic Corporation on Highway 7, landscaping was to be completed. The Council approved a landscaping plan contingent upon the city forester preparing a plan for additional screening along the south side of the property. The property owner did not complete the landscaping and the city council, this Fall, acted to extend the conditional use permit to allow for plantings to occur this Spring. No action was ever taken by the City Council in regards to the requirement that additional landscaping be provided on the south side of the property. This item is up for consideration this evening and a copy of the plan, prepared by the city's forester, will be available Monday evening. A copy of the report prepared by the forester is attached. ROBERT L. WAGNER j� 2511 Orchard Lane K� Excelsior, M. 55331 January 5, 1980 Chanhassen City Council Chanhassen, Minnesota 55317 REFERENCE: Non -Conforming Use Permit, City of Chanhassen with Baltic Corporation Dear Council Members: We note the January 7, 1980 Chanhassen.City Council agenda includes a review of the Baltic Corporation Landscaping Plan. Unfortunately, we are unable to attend this meeting and ask that this correspondence be entered into the meeting on our behalf. We are the most immediate neighbors to the South of the Baltic property. We want to congratulate Mr. Harry Kresiins and the Baltic Corporation on their efforts to date, and point out -to the Council that Baltic, has in fact, been a good neighbor. The Council will recall we were of the minority of concerned Minnewashta area residents who supported'. the Council and Baltic prior to the July 2, 1979 Council meeting when Baltic.received the final go-ahead to convert the Cermak nursery site to a professional building. Our June 27, 1979 letter is attached for further -reference. We, the most immediate neighbors gave our support provided certain conditions were met by Baltic and that these conditions were -written into the Non - Conforming Use Permit. The agreement (RHL 7/16/79) was written.incorporating our recommendations,one of which concerned landscaping and specifically screening along the southern property line. Tonight, as stated in your agenda, your discussion is limited to reviewing the landscaping plan. Therefore, we will limit our comments to this area. Section 3, sub paragraph la states that in addition to landscaping setforth in Exhibit. A, plantings will be required along.the south property line to screen the premises from the residential sites. "Plantings shall be as recommended by the City Forester and approved by the Council." We ask that the Council does approve the City Forester recommendations this date. We anticipate Council discussion reference possible drifting of snow and feel this to be a.minimal problem, if a problem at all. We recognize that there.will always be a trade off of maintenance vs. scenic restoration and feel the trade off here to be a great plus towards year round screening of the Baltic premises. We also Chanhassen City Council Page -2- recognize that this screening is an additional cost to Baltic. It should be noted, however, that this was a condition of the granting of the permit and it should be enforced, along with those stipulations included in Exhibit A prior to grating of the Non -Conforming Use Permit. We thank the Council members for their attentiveness to the residents of their community and we commend Baltic Corporation for their genuine efforts to become a good neighbor, and a respected community member. Sincerely yours, Robert L. Wagner Barbara A. Wagner cc: Members Chanhassen City Council City Attorney, Chanhassen Enclosure CITY OF CHANHASSEN 7610 LAREDO DRIVE • P.O. BOX 147 0 CHANHASSEN, MINNESOTA 55317 (612) 937-1900 MEMORANDUM DATE: November 17, 1980 TO: City Attorney, Russell Larson FROM: Land Use Coordinator, Bob Waibel SUBJ: Baltic Corporation, Non -conforming Use Permit Improvements PLANNING CASE: P-619 F '1 In response to your request of November 7, 1980, I have reviewed the subject property and verify that final grooming for preparation.' of seeding and sodding at the site have been completed with the exception of a small area along Orchard Lane, which still has extensive weed growth. In summary, ;I find that the items of work needed to be completed are those noted as 2, 3, 4, 6, and 8 of the attached memorandum of May,21st from myself to you. Please call „i�f you need any further detail on the status m of these _p-r�ovements. BW.nr ;-. RUSSELL H. LARSON CRAIG M. MERTZ OF COUNSEL HARVEY E. SKAAR MARK C. MCCULLOUGH LARSON & MEnTZ ATTORNEYS AT LAW 1900 FIRST BANK PLACE WEST MINNEAPOLIS, MINNESOTA 55402 Bob Waibel Land Use Coordinator Box 147 Chanhassen MN 55317 Re: Dear Bob and Doug, November 7, 1980 Baltic Corporation TELEPHONE (612) 335-9565 Doug Mitchell City Forester Box 147 Chanhassen MN 55317 Please note the attached from Baltic to me, dated November 6, 1980. As the City has litigation pending against Baltic over its failure to complete the landscaping, in accordance with the non -conforming use permit and Doug's planting proposal, I request that each of you make a complete inspection of the property within seven days and furnish me with a comprehensive report on Baltic's progress,or lack of it,within that time frame. My concern rests primarily with the planting of the spruce trees and shrubbery which is designed to screen the premises from the south. I am also concerned that it is too late in the season to do any tree planting, and I ask that you address this question also. Very truly yours, ..If RUSSELL H. LARSON Chanhassen City Attorney RHL:ner enc cc: John Neveaux Don Ashworth I 4 � -� The BALTIC Corporation i I HARYT. KRESLJNS President BALTIC BUILDING . 2540 ORCHARD LANE EXCELSIOR, MINN. 55331 (612) 474-2591 I November 60 1980 Russell H. Larson, Attorney 1900 First National Bank Building Minneapolis, Minnesota 55402 This is to advise you that the final grooming of our site has been completed. Next week we will commence planting the remaining shrubbery and expect to have that completed within two weeks. THE BALTIC CORPORATION Hary T. Kreslins President HTK:bmm RUSSELL H. LARSON CRAIG M. MERTZ OF COUNSEL HARVEY E.SKAAR MARK C. MCCULLOUGH LARSON & MERTZ ATTORNEYS AT LAW 1900 FIRST BANK PLACE WEST MINNEAPOLIS, MINNESOTA 55402 Bob Waibel Land Use Coordinator Box 147 Chanhassen MN 55317 October 7, 1980 Re: Baltic Corporation Dear Bob: Reference is made to Ron Holthe's letter addressed to you and relating to a bill in the amount of $407.85 for legal fees TELEPHONE (6 12) 335-9565 cy 0a1990 FtE,GEIVED G' V WILAG9 'OF 02, QHANHASSENs 'b MINN. L� of September 26, 1980, received from the City charged by this office. Mr. Holthe asked the question of why Baltic is being billed for our attendance at Council meetings on issues involving that company. As you know, it has been the practice of this office, and supported by the City over the past years, that our services rendered at Council meetings involving special interest groups such as applicants for conditional use permits, land developers, industrial revenue financing proposals, etc., are charged to the account of the party involved in a particular matter, rather than being charged to the general taxpayers of the community. There is no duplication of billing. In our billing for attendance at meetings that time properly chargeable against the party, such as Baltic (or developer), is deducted from the total charge for attendance at the meeting. This, in our view, is the only fair way to handle the situation. Mr. Holthe also raises a question about our investigation of the Baltic Trucking Company Chapter 11 proceedings in bankruptcy court. We were advised at a Council meeting by Mr. Holthe that Baltic Corporation was involved in a Chapter 11 proceeding at which the enforcement of the then conforming use permit was discussed and litigation authorized. It was necessary for our legal undertakings in this matter that the bankruptcy court file be investigated because if, in fact, any Baltic corporation was involved in a Chapter 11 proceeding legal steps would have to be taken in the bankruptcy court to allow the City to bring the action on the bond. It was absolutely essential to our proceeding in this matter that this investigation be conducted, and the billing against Baltic is appropriate. Very ,.,,�trul yo , RUSSELL H. LARSON RHL:ner Chanhassen City Attorney cc: Donald W. Ashworth RUSSELL H. LARSON CRAIG M. MERTZ OF COUNSEL HARVEY E. SKAAR MARK C. McCULLOUGH LARSON & MERTZ ATTORNEYS AT LAW 1900 FIRST BANK PLACE WEST MINNEAPOLIS, MINNESOTA 55402 Chanhassen City Council c/o Donald W. Ashworth Chanhassen City Manager Box 147 Chanhassen MN 55317 September 30, 1980 Re: Baltic Corporation Dear Council Members: TELEPHONE (612) 335-9565 Attached is the City Forester's report on the present status of landscaping at the Baltic premises. Very truly ours, R L H. LARSON Chanhassen City Attorney RHL:ner enc CITY OF CHANHASSEN 7610 LAREDO DRIVE • P.0 BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937-1900 MEMORANDUM TO: Russ Larson, City Attorney FROM: Doug Mitchell, City Tree Inspector DATE: September 29, 1960 SUBJ: Baltic Corporation A check of the screen planting to be completed on the north side of the Baltic Corporation property on September 29, 1980 has revealed the following shortcomings: 1. The honeysuckles, as described in the plan list on the memorandum to Bob Waibel (April 10, 1980), are smaller than what was suggested; 2. At least one honeysuckle, as shown on the planting plan approved by the City Council, was not planted as staked on the eastern one-third of the project; 3. The apple tree, as described on the memorandum to Bob Waibel (April 10, 1980), was not removed as suggested to allow for the planting of the honey- suckles described above in item 2; and 4. The Black Hills Spruce have yet to be planted. In regard to item #4, I would recommend that evergreens be planted by mid -October or early spring of 1981 (as soon as the soil becomes workable). The planting of the evergreens -'next spring would cost approximately $2150.00 ($1935.00 without a guarantee) if done by a landscape company. This would include both the plant materials and the labor. CITY OF 7610 LAREDO DRIVE • P.O. BOX 147 0 CHANHASSEN, MINNESOTA 55317 (612) 937-1900 MEMORANDUM TO: City Attorney, Russell Larson FROM: Building Inspector, Jerry Schlenk DATE: October 1, 1980 SUBJ: Baltic Baltic Corporation has completed their building construction per plans submitted. Ah `� 2 3 4 ,56`T RRECEIVeD � �, �1L .AGF- OF �NHP►Sg�' --�- CITY nF 7610 LAREDO DRIVE • P.Q. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937-1900 September 29, 1980 Mr. Gene Conner 2521 Orchard Lane Excelsior,MN 55331 Dear Mr. Conner: Councilman John Neveaux forwarded to me your letter. regarding screening requirements along the Baltic property. I am forwarding this to the City Attorney's office. It is the responsibility of the Attorney to take whatever legal -steps are necessary to cause compliance by Baltic Corporation. It; is my understanding that the City's planting requirements are specific, i.e. the City Council did approve an overall landscape plan:. Based on concerns of adjacent property owners, the City Forester's office was requested to prepare options providing additional --screening adjacent to the street. These options were presented to the City Council with the Council specifically choosing one of those alternates and Baltic being advised of such. There appeared to be a question as to whether Baltic was then required to resubmit the original plan, plus amending such for the option, or not. However, in either case, it would appear as though the City has approved -.the landscaping plan for 'the Baltic Corporation. Assuming the above comments are correct, the City Attorneys office may be unwilling.","to jeopardize his position in a."potent,ial court hearing by now interjecting an additional landscaping "plan. I leave this question to the City Attorney's office andwillassume that he will respond to you in regards to such.,'- Sincerely, Don Ashworth City Manager cc: Councilman John Neveaux City Attorney,.Russell Larson CITY OF CHANHASSEN 7610 LAREDO DRIVE • P.0 BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937-1900 MEMORANDUM TO: Bob Waibel, Land Use Coordinator Jerry Schlenk, Building Inspector FROM: Russ Larson, City Attorney DATE: September 26, 1980 SUBJ: The Baltic Corporation Please give me an update report on the attached as soon as possible. Y The 1 BALTIC .�� Corporation BALTIC BUILDING 2540ORCHARD LANE EXCELSIOR, MINN. 55331 (612) 474-2591 September 26, 1980 Mr. Bob Waibel Village of Chanhassen P. 0. Box 147 Chanhassen, Minnesota 55317 Dear Mr. Waibel: We received a bill from the Village of Chanhassen for $407.85 for legal fees for the law firm of Larson and Merg. Prior to this bill we have paid $2,060.42 in legal fees in con- junction with this non -conforming special use permit without com- plaining. The bulk of this last bill includes $151.80 for a letter to the council reviewing our file, a conference with you and draft- ing a letter to us. Then there is $159.00 for attending a council meeting and checking District Court records regarding Baltic Truck- ing Company, Inc. Chanter XI proceedings. First, why are we paying Mr. Larson to attend council meetings? That implies that he would not be in attendance except to discuss the Baltic matter which obviously is not the case. I don't believe it is customary for everyone on the council agenda to pay the city attorney's legal fees when he is already being paid by the tax- payers to be in attendance. Secondly, it is patently absurd that we pay for Mr. Larson's and/or the city council's curiosity on Baltic Trucking Company's Chapter XI proceedings. This is a separate corporation and has absolutely nothing to do with this permit, so we feel the city can bear the cost of this investigation and any others it might institute of this nature. I will wait for your reply before dealing with this matter any further. Sincerely, THE BALTIC CORPORATION A' Lon D. Holthe Executive Vice President LDH:bmm k 41 MEMORANDUM CITY OF p. CI3ANI�ASSEN �' 7610 LAREDO DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937-1900 TO: Bob Waibel, Land Use Coordinator Jerry Schlenk, Building Inspector FROM: Russ Larson, City Attorney I? '=I DATE: September 26, 1980 SUBJ: The Baltic Corporation Please give me an update report`om the attached as soon as possible. z ..�:u}1 r- Tint; Corpor,io:i BUILD September 24, 1980 Mr. Russell H. Larson, Attorney 1900 First National Bank Bldg. Minneapolis, Minnesota 55402 Re: CITY OF CHANHASSEN VS NARY T. KRESLINS THE BALTIC CORPORATION AND TRANSAMERICA INSURANCE COMPANY a This is in response to your Summons and Complaint dated September 8, 1980 in the above matter. The final grooming of the site'is currently in progress and should be completed by October 1, 1980 with the excep— tion of the black hills spruce which will be planted next spring. Crushed rock is being brought in and should be in by October 1, 1980 to allow the area to compact before black — topping can be completed. We have submitted plans for signage and exterior lighting which has been approved. The sign will be completed when site preparation is completed. Sincerely, THE BALTIC CORPORATION ��'f'( ,-G 11 • �'`-+''�����C.L' Lon D. Holthe Executive Vice President cc: Dick King, Lakeside Agencies LDH:bmm RUSSELL H. LARSON CRAIG M. MERTZ OF COUNSEL HARVEY E. SKAAR MARK C. MCCULLOUGH LARSON & MERTZ ATTORNEYS AT LAW 1900 FIRST BANK PLACE WEST MINNEAPOLIS, MINNESOTA 55402 Donald W. Ashworth Chanhassen City Manager Box 147 Chanhassen MN 55317 Dear Don: September 11, 1980 Re: Baltic Corporation TELEPHONE (6i2j 335-9565 Attached is your file copy of the action of the City against Baltic, Kreslins, and the Surety, Transamerica Insurance Company, seeking performance of the non -conforming use permit. Copies of these documents will be furnished each Council member at Monday's meeting. —�- Verrul�., yo RUSSELL H. LARSON Chanhassen City Attorney RHL:ner enc Property and Casualty Insurance fr&m Tiunsamerica Corporation A STOCK COMPANY Trensamopien Insupone® Gpoup Tp s a r a Company HOME OFFICE: LOS ANGELES, CALIFORNIA Bond No. PERFORMANCE BOND Approved by The American Institute of Architects A.I.A. Documdnt No. A-311 (February 1970 Edition) KNOW ALI„ MEN BY THESE PRESENTS: that (Hera insort full name and address or legal title of Contractor) THE BALTIC CORPORATION 2540 Orchard Lane Excelsior, MN. 55331 5363 58 00 as Principal, hereinafter called Contractor, and TRANSAMERICA INSURANCE COMPANY, a California Corporation of Los Angeles, California, as Surety, hereinafter called Surety, are held and firmly bound unto (Here insert fulf name anJuddress or legal title of Owner) - CITY OF CHANHASSEN as Obligee, hereinafter called Owner, in the amount of Five Thousand and no/100 ---- ----- --------------------------------------------------- ------ Dollars ($ 5,000.00 for the payment -whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally,- firmly by these presents. WHEREAS, Contractor has by written agreement dated 19 entered into a contract with Owner for landscape for improvement of sidewalks parking lots and shrubs at Lots 1-.& 2, Minnewashta Park, Carver County Addition. Non —conforming use permit dated 8/1 79 in accordance wit drawings and specifications prepared by (Hera insert full Hama and address or legal title of Architect) which contract is by reference made a part hereof, and is hereinafter referred to as the Contract. Exhibit B 027 14-70) NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Contractor shall pro-nptly and faithfully perform "said Contract, then this obligatior 13II be null and void; otherwise it shall re —in in full force and effect. The Surety hereby waives notice of any alteration or extension of time made by the Owner. Whenever Contractor shall be, and declared by Owner to be in default under the Contract, the Owner having performed Owner's obligations thereunder, the Surety may promptly remedy the default, or shall promptly 1) Complete the Contract in accordance with its terms and conditions, or 2) Obtain a bid or bids for completing the Contract in accordance with its terms and conditions, and upon de- termination by Surety of the lowest responsible bidder, or, if the Owner elects, upon determination by the Owner and the Surety jointly of the lowest responsible bidder, arrange for a contract between such bidder and Owner, and make available as Work progresses (even though there should be a default or a succession of defaults under the contract or contracts of completion arranged under this Signed an$ Seoled this 3ath day of r (Witness) (Wi ss) paragraph) sufficient funds to pay the cost of completion, less the balance of the contract price; but not exceeding,, including oilier costs and donna.ges far which the Surety may beliable hereunder, the amount set forth in the first paragraph hereof. The term "balance of the contract price", as used in this paragraph, shall mean the total amount payable by Owner to Contractor under the Contract and any amendments thereto, less the amount properly paid by Owner to Contractor. Any suit under this bond must be instituted before the expiration of two (2) years from the date on which final payment under the Contract falls due. No right of action shall -accrue on this bond to or for the use of any person or corporation other than the Owner nonned herein or the heirs, executors, administrators or successors of the Owner_ November 19 79 THE RALTTC CORPORATION (Principal) (Seal) b (Title) (Seal) b%mamepwa Insupance Company (Surety) (Seal) By: torney-i _ F t Robert; J. Vogelpohl. `+ t �i STATE OF Minnesota COUNTY OF Hennepin sse On this 3Oth _ day of November i:, the year one thousand nine hundred. and _ seventy nine _ ,before me Betty J. Bisl:ey a Notary Public in and for the said County and State, residing therein, duly commissioned and sworn, personally ap- peared Robert J. Vogelpohl known to me to be the. duly authorized Attorney -in -Fact of the TRANSAMERICA INSURANCE COMPANY the corporation whose name is affixed to the foregoing instrument; and duly acknowledged to me that he subscribed the name of the TRANSAMERICA INSURANCE COMPANY thereto as Surety and his own name as Attorney -in -Fact. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this cer- tificate first above BETTY J. BISKEY NOTA-! : �'euC - MINNE$()jA A�-C`KA COUNTY' � My Comin -ssjorn Expires JWy d VM -------------- 143 ot-27 ad for Said County and $ .�mr.«,.m•„a+P.'rgr'R"-v,+,-:.�+�.7&�r.%+Y ,...-�,-•ryy,.�'S :m,'.•.w,-.o-stc.:aiZ c . . ;>,veeror,s-.€-.-*r.n•=....s mb..�q,,.--,-,.,.......-» o� .,,,,.,a..,.,._. fr Property and Casualty Insurance , . from Transamerica Corporation Tpanaamapina Bnaupanna Unmpan ROWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: t That TRANSAMERICA INSURANCE COMPANY, a corporation of the State of California, does hereby make, constitute and appoint J. D. CHANDLER and M. L. LIVELY and JOHN H. GLIEDEN and ROBERT J. VOGELPOHL of Minneapolis, Minnesota, each * * * * * its true and lawful Attorney(s)-in-Fact, with full power and authority, for and on behalf of the Company as surety, to execute and del iver and affix the seal of the Company thereto, if a seal is required, bonds, undertakings, recog- nizances or other written obligations in the nature thereof, as follows: Any and all bonds and under- takings for or on behalf of this Company, in its business and in accordance with its Charter, and to bind TRANSAMERICA INSURANCE COMPANY thereby, and all of the acts of said Attorney(s)-in-Fact., pursuant to these presents, are hereby ratified and confirmed. This appointment is made under and by authority of the following by-laws of the Company which by-laws are now in full force and effect: ARTICLE VII SECTION 30. All policies, bonds, undertakings, certificates of insurance, cover notes, recognizances, contracts of indemnity, endorsements, stipulations, waivers, consents of sureties, re -insurance acceptances or agreements, surety and co -surety obligations and agreements, underwriting undertakings, and all other instruments pertaining to the insurance business of the Corporation, shall be validly executed when signed on behalf of the Corporation by the President, any Vice President or by any other officer, employee, agent or Attorney -in -Fact authorized to so sign by (i) the Board of Directors, (fi) the President, (iii) any Vice President, or (iv) any other person empowered by the Board of Directors, the President or any Vice President to give such authorization; provided that all policies of insurance shall also bear the signature of a Secretary, which may be a facsimile, and. unless manually signed by the President or a Vice President, a facsimile signature of the President. A facsimile signature of a former officer shall be of the same validity as that of an existing officer. The affixing of the corporate seal shall not be necessary to the valid execution of any instrument, but any person authorized. to execute or attest such instrument may affix the Corporation's seal thereto. This Power of Attorney is signed and sealed by facsimile under and by the authority of the following resolution adopted by the Board of Directors of the Company at a meeting duly called and held on the. 17th day of October 1963. "Resolved, That the signature of any officer authorized by the By-laws and the Company seal may be affixed by facsimile to any power of attorney or special power of attorney or certification of either given for the execution of any bond undertaking, recognizance or other written obligation in the nature thereof; such signature and seal, when so used being hereby adopted by the Company as the original signature of such officer and the original seal of the Company, to be valid and binding upon the Company with the same force and effect as though manually affixed." IN WITNESS WHEREOF, TRANSAMERICA INSURANCE COMPANY has caused these presents to be signed by its proper officer and its corporate seal to be hereunto affixed this 15th day of April ,19 77. By 9, p•'�r��tlltl `�`` J. W. FLESHMAN, Vice President State of California ) ss County of Los Angeles ) On this 15th day of April , 19 77 , before me personally came J.W. Fleshman to me known, who, being by me duly sworn, did depose and say: that he resides in the City of Sierra Madre, State of California; that he is a Vice -President of Transamerica Insurance Company, the corporation described in and which executed the above instrument; that he knows the seal of said Corporation; that the seal affixed to the said instru- ment is such corporate seal; that it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and acknowledges same tobe the act and deed of said corporation, ptlmnnnn unnrN nmmmrmlmmmlunmm�uonnlxmm� nu unntmmlmr mtlrnnNl llnl OFFICIAL SEAL ELIZABETH AHERNE -� NOTARY PUBLIC CALIFORNIA PRINCIPAL OFFICE IN =_ LOS ANGELES COUNTY My Commission Expires Me rch 30, 1980 e Illnllllll l lllllm I IIIIIINNt11111111111N11111N11 N 11111111111N11mN1r11111 N1111NI11 111111111N IN1111rlltio Olu-t-14ji- Notary Public 1719 A 14-76) I, J. H. Tanner, Assistant Secretary of Transamerica Insurance Company, do hereby certify that the Power of Attorney herein before set forth is a true and exact copy and is still in force, and further certify that Section 30 of Article VII of the By -Laws of the Company and the Resolution of the Board of nirectors,.;,et forth in said Power of Attorney are sti it in force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said Company this 30th day of November , 1979 J. H. TANNER, Assistant Secretary i -- --- .. ..,..,�wp�. �..,.«.,..,,..s-,p-�.we..�!•'�,�, - . -�-r ._. ., ..rmn.r.ea�+..n-,...- ,—v ---T-,,..� .... _ r-,.,. _ _. ..- .._-..._ .. -. C I TY'k.,/ F CBANH�SS,��i 7610 LAREDO DRIVEOP.O. BOX 1479CHANHASSEN, MINNESOTA 55317 (612) 474-8885 MEMORANDUM TO: Land Use Coordinator, Bob Waibel FROM: City Tree Inspector, Doug Mitchell DATE: April 10, 1980 SUBJ: Baltic Screening Plan GENERAL DESCRIPTION OF PLANTING PLAN Screen planting to occur for approximately 208' beginning 14' east of property corner stakes -and -:,progressing eastward from that point. The western one-half generally consists of two rows of plant materials; the back (north) row consisting of Black Hills Spruce, the front row (south) being Zebel's Honeysuckle. The eastern one-half generally consists of a double row of Zabel's Honeysuckle. The planting will require'the complete removal (crown and root system) of the second apple tree east of the corner marker. In addition,.a loam fill may be required in some of the areas adjacent to the retaining wallto allow planting to occur. PLANT LIST#' QUANTITY SPECIES _ tc SIZE EST. COST 40 Lon Gera Korolkowi ' Zabeli' 4' Pot ;-" $9. ea ($360) 10 Picea glquca densata :6E B&B -$115. ea ($1,150) Estimated Total Cost (Plant Materials Only) $ 1,510.00 RECOMMENDED GENERAL PLANT MATERIALS SPECIFICATIONS 1. All plant materials shall be guaranteed true to species and shall be free from any disease or blight. 2. All stock should be carefully packed, shipped in covered vehicles, and shall be protected from sun and wind prior to planting. 3 . All plant materials shall be thorouq)-)J .y watered -in irmcLedl..atel,y after planting. 4. All plant materials shall be watered thoroughly at regular intervals (7-10 days) during the growing season for one year from date of planting (evergreens shall be watered until the ground freezes in the fall). 5. Planting shall be done according to drawings provided by the City (only trees shall be staked). 6. Exact locations of plant materials shall be staked in-athe=field by the City. r.�_�,.,;�...�..,,,. .,�-y.„.<,.•„�„, : �.;��..R�, .•sue-;>•--•��>.. •_ ._,. .. _, _ . ,..,.._,.._.,••,.s»—.� . - - - •- 2521 Orchard Lane Excelsior, MN 55331 August 8, 1980 Mr. John Neveaux 6240 Elm Tree Avenue Excelsior, MN 55331 Dear John: In the apparent absence of any concrete agreed upon plan for the portion of the Baltic Property immediately in front of ours, Bob Wagner and I have undertaken a mini -survey and drawn up a plan that reflects our thoughts as to what we would like to see accomplished. The existing fence on Bob Wagner's property has been sketched in for reference purposes, but it should be emphasized that this fence was intended to be only temporary and will be removed when adequate landscaping is accomplished on the facing property. We appreciate your concern and attention to the problem(s) that have arisen. We would be very interested in any comments you might have. truly yours, ry Gene A. Conner cc: Robert Wagner, 2511 Orchard Lane, Excelsior, MN Lon Holte, Baltic Corp., 2520 Orchard Lane, Excelsior, MN Enc. RUSSELL N. LARSON CRAIG M. MERTZ OF COUNSEL HARVEY E. SKAAR MARK C. MCCULLOUGH LARSON 4e MERTZ ATTORNEYS AT LAW 1900 FIRST BANK PLACE WEST MINNEAPOLIS, MINNESOTA 55402 August 19, 1980 Transamerica Insurance Company Claims Service Office 5100 Edina Industrial Blvd Edina MN 55435 Re: Bond No. 5363-58-00 The Baltic Company, City of Chanhassen, Gentlemen: TELEPHONE (612) 335-9565 CERTIFIED MAIL RRR Principal Obligee Reference is made to our attached letter, as Chanhassen City Attorneys, to The Baltic Corporation, dated May 28, 1980, relative to its failure to perform those conditions of its Non -Conforming Use permit dated August 10, 1979 with the City of Chanhassen, as enumerated below: 1. Rehabilitation of the site, i.e., final grooming of the property; 2. Completion of the landscaping according to the plan as approved by the City Council on January AUG1g80 �• 7, 1980, as supplemented by the City Forester's RECOVE-D Screening Plan Report of April 10, 1980; r'N v►LIAGS sly, w' � cxarlxws p 3. Submission of signage and exterior lighting Q! MINN. plans for City Council approval; �6'81 9 5.V ,;2 4. Completion of driveway and parking area in accordance with Section 3(8) of the permit. In view of these circumstances of default, the City of Chanhassen hereby asserts its rights under the performance bond issued by your company pursuant to said permit. Therefore, the City of Chanhassen hereby calls upon your company to promptly remedy the defaults of The Baltic Corporation under said permit; said action to consist of obtaining bids for completion of the work, and upon determination by the City and your company jointly, of the lowest responsible bidder, to arrange for a contract between such bidder and the City, with your company making available to the City sufficient funds to pay the cost of completion of the work, including all administrative, legal and engineering costs of the City incurred as a result of the defaults of The Baltic Corporation. Transamerica Insurance Company August 19, 1980 Page Two This office shall expect your written reply to this demand within seven business days from the date hereof, said reply to advise this office that your company will forthwith undertake the per- formance of the defaulted conditions of the permit as set forth herein. Your failure to act within the time herein limited will result in prompt legal action by the City to enforce the conditions of the bond. A copy of the non -conforming use permit is attached for your file. Very truly yours, RUSSELL H. LARSON Chanhassen City Attorney RHL:ner enc cc: All Council Members CITY OF I CHANHASSEN 7610 LAREDO DRIVEOP 0. BOX 1470CHANHASSEN, MINNESOTA 55317 (612) 474-8885 MEMORANDUM TO: City Manager, Don Ashworth FROM: Land Use Coordinator, Bob Waibel DATE: July 30, 1980 SUBJ: Baltic Corporation Non -Conforming Use Permit Performance Requirements PLANNING CASE: P-619 Upon reviewing the subject property on this date, I find that all of the items on the attached correspondences need yet to be completed with the exception of No. 5, the screening of roof top mechanical equipment. r CITY'OF t � Y r c '���� � s' S � y` � �� � �k a �9fi�,`ni � �a� :~ ' •a '�. 7610 LAREDO DRIVEOP.O. BOX 147*CHANNASSEN, MINNE-SOiA 55317 (612) 474-8885 MEMORANDUM TO: City Attorney, Russell Larson FROM: City Land Use Coordinator, Bob Waibel DATE: May 21, 1980 SUBJ: Baltic Corporation Punch List PLANNING CASE: P-619 In response to our phone conversation of the other day, I have made an inspection of the Baltic office building site and report the following items ..as needing to be.'completed and/or administrated in order to satisfy the non -conforming use permit between Baltic and the City. 1). Final grooming of the' -property,- i.e. removal of incidental debris presently on the site. 2). Completion of the landscape plan with the proposed amendments by the City Forester' -for the southerly screening_ 3). Final approval -of lighting plan by the City Engineer and sign approval by the Sign Committee (It is my feeling that the existing sign that was used by Cermak should be removed,_,=t:-lieu ,of - the•: sign'that;`was shown on. the plans submitted by ,Baltic1 4) . Completi6iF- bf-. the driveway and parking area:'=in accordance with Section 8 of the non-co_niforming use permit. 5). Screening of roof top mechanical equipment.. 6). Removal of the dumpster presently on the property (The non -conforming use permit maintains that all storage shall be confined within the existing structure..) 7). Connection of the subject property to sanitary sewer. 8). Submission of landscape performance bond. The non- conforming use permit requires that Baltic shall furnish Aussell Larson -2- May 21, 1980 to the City a surety bond that will provide for the completion of the landscaping plan. I believe that in addition to the installation of the landscape materials, sufficient monies should be set aside for the payment of labor to assure that the landscape materials will survive the needed amount of time to be self sufficient... Contact me if you need any further clarification on the items on this list. i cc: City Manager, Don Ashworth file LARSON & MERTZ ATTORNEYS T A LACY 1900 FIRST NATIONAL BANK BUILDING RUSSELL H. LARSON MINNEAPOLIS, MINNESOTA 55402 CRAIG M. MERTZ OF COUNSEL May 28, 1980 HARVEY E. SNAAR MARK C. MCCULLOUGM The Baltic Corporation 2540 Orchard Lane. Excelsior -MN 55331 Re: Non -Conforming Use Permit City of Chanhassen a Gentlemen, TELEPHONE (612) 335-Q5ea The Chanhassen City Council has directed nee to inform you that the following listed requirements of the Non -Conforming Use Permit — of August 10, 1979 must be complied with by you not later than July 1, 1980: 1. Final grooming of the property, i.e., removal of All debris presently on the site; 2. Completion of the landscaping according to the plan as approved by the City Council on January 7, 1980, as supplemented by the City Forester's Screening Plan Report of April 10, 1980; �Za?93031 �2 L �'� 3. Submission of signage and exterior lighting plans �pY �98Q for City Council approval; W ca 4. Completion of driveway and parking area in accor- a� or� ASss9 dance with Section 3(8) of the permit; GYIAMISS. �,�+� l ti� 5. Screening of rooftop mechanical equipment in �(j AI �� ���� accordance with Section 3 (9 ) of the permit; 6. Removal of the dumpster presently on the property. The permit requires that all storage shall.be confined within the existing structure. Your failure to comply with the fore oing conditions within the time, limited shall.result in the c7Inysur"CchaCofpaay, cemen an action in'Carver County District Court by the of n ssen against your firm and its surety, Transamerican to compel performance WWWO l�� Chanhassen City Attorney RHL:ner cc: Chanhassen City Council Don Ashworth Bob Waibel° CERTIFICATION STATE OF MINNESOTA ) ss COUNTY OF CARVER ) _ DOCUMENT NO. 9749:13 OFFICE OF COUNTY RECORDER STATE OF MINNESOTA COUNTY OF CARVER This is to certify that this document was filed in this office on the--c3•i� � day of Q0t . 198#A.D. atS: -3r, o'clock 4• M. and was duly recorded in Book SO County Recorder by I, Karen J. Engelhardt, duly appointed, qualified and acting Deputy Clerk for the City of Chanhassen, Minnesota, do hereby certify that I have compared the foregoing copy of a Non -Conforming Use Permit for the property legally described as Lots 1 and 2, Minnwashta Park Subdivision with the original copy, now on file in my office, and have found the same to be a true and correct copy thereof and as approved by the City Council. Witness my hand and official seal at Chanhassen, Minnesota, this day of , 19 C�k ��� &,��� - Ka en J.(,Angelhardt, Deputy Clerk � O q CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA NON -CONFORMING USE PERMIT 1. Permit. Subject to the terms and conditions set forth herein, the City of Chanhassen hereby grants a conditional use permit for: the conduct and operation of office uses only in the principal structure located on the herein described property. 2. Property. The permit is for the following described property in the City of Chanhassen, Carver County, Minnesota: Lots 1 and 2, Minnewashta Park Subdivision 3. Conditions. The permit is issued subject to the following conditions: 1. Enlargement of the principal structure shall be prohibited; 2. The establishment, maintenance, and operation of the proposed uses shall not be detrimental to public health, safety or general welfare of other property, and shall not operate to diminish or impair property values within the immediate vicinity. 4. Termination of Permit. The City may revoke the permit under any of the following circumstances: material change of condition of the neighborhood where the use is located; violation of the terms of the permit. 2130 5. Criminal Penalty. Violation of the terms of this conditional use permit is a criminal misdemeanor. Dated: �� t -qs CITY OF CHANHASSEN By; Its Mayor By : Its Clerk STATE OF MINNESOTA) ) ss COUNTY OF CARVER ) The fo e oing instrument was acknowledged before me this day of _ 19K�4, by Thomas L. Hamilton, Mayor, and Don Ashworth, City Manager of the City of Chanhassen, a Minnesota municipal corporation, on behalf of the corporation. Not ry P lic x 'w Kl' i_HARDT uTY t. 11 1986 ?.5 Council Meeting Oc- �. 1, 1984 -5- Councilman Horn - Is there a way we could..get notification on this to the people in the City? Jon Parker - I would like to sit down with the City Manager and see if we can came up with any language for a future meeting as far as just a statement of what we are agreeing that we are going to do and what.you may want to permit. I can come up with the figures on the revenue. Councilwoman Swenson moved to table action until Mr. Parker and the City Manager have had a chance to sit down and come up with something that is presentable to the Council. Motion seconded by Councilwoman Watson. The following voted in favor: Mayor Hamilton, Councilwomen Swenson and Watson, Councilmen Horn and Geving. No negative votes. Motion carried. Councilman Geving - If we do meet again may I suggest that we notify the neighbors that are in this area. OKTOBERFFST, CHANHASSEN JAYCEES: The Jaycees are seeking approval of a one day 3.2 liquor license and gambling license for their 4th Annual Oktoberfest celebration to be held October 13th. Councilman Horn moved to approve the gambling license and one day 3.2 liquor license for a fee of $1.00. Notion seconded by Councilwoman Swenson. The following voted in favor: Mayor Hamilton, Councilwomen Swenson and Watson, Councilmen Horn and Geving. No negative votes. Notion carried. REVISION OF NON -CONFORMING USE PERMIT, 2540 ORCHARD LANE: The proposal is to revise the non -conforming use permit to allow general busi- ness and professional office uses rather than to a specific individual. The Cermak's are now in the process of installing landscaping and parking lot improve- ments in accordance with the previously approved plan. Upon satisfactory completion of these improvements the money held in escrow should be refunded. After satisfac- tory completion of the improvements, the City Attorney should take the necessary steps to dismiss the lawsuit against Mr. Cermak. Councilman Geving moved to approve the revised non -conforming use permit to run with the land with the condition that all the landscaping and parking lot improvements must be completed to the satisfaction of the Community Development Director before the escrow money will be returned to Mr. Cermak and that after satisfactory comple- tion of the improvements, the City Attorney should take the necessary steps to dismiss the lawsuit against Mr. Cermak. Notion seconded by Mayor Hamilton. The following voted in favor: Mayor Hamilton, Councilwomen Swenson and Watson, Councilmen Horn and Geving. No negative votes. Notion carried. CONDITIONAL USE PERMIT FOR STABLING OF THREE HORSES, 6301 CHURCH ROAD, JAMES FRIZZELL: Barbara Dacy - The applicant had originally requested a conditional use for the stabling of four horses, however, since the Planning Commission meeting they have reduced that request to three horses. The Commission recam ended approval of stabling of two horses and in fact Mr. Headla has issued a stable permit for the horses. The applicant intended to have a third horse some time in the future. The acreage of the property totals approximately 3.5 acres which exceeds the amount required under the Horse Ordinance. He is also proposing to expand the existing barn another 18 feet and we are recommending -that if three horses are approved that, that barn be constructed to house that additional horse. The property was sub- divided into Larson's Addition in the 19701s. The property does extend up to 62nd Street and what these dashed lines are is the fenced areas of the pasture. This area just south of West 62nd is now being used for soybeans. RHL 7/17/79 J' e u� �v l �t CITY OF CHANHASSEN NON -CONFORMING USE PERMIT THIS AGREEMENT, Made and entered into this /0_e_t day of 1979, by and between the City of Chanhassen, a+ Minne ota municipal corporation ("City"), George A. Cermak and Constance Cermak, his wife, and Ladislav A. Cermak and Marie Anne Cermak, his wife, ("Cermak"), fee owners; Hary T. Kreslins, contract purchaser, and Doris Jeanne Kreslins, his wife ("Kreslins") ; . and The Baltic Corporation, a Minnesota corporation, lessee ("Baltic") hereinafter referred to collectively as the "Parties": WITNESSETH, That the City and the other parties herein named, in consideration of the mutual. covenants herein contained, hereto recite and agree as follows: SECTION 1. RECITALS. 1.01. Authority. This agreement is entered into by the City pur- suant to its powers granted by Chapters 412 and 462 of Minnesota Sta- tutes and the Chanhassen Zoning Ordinance. 1.02. Property Description. The real property ("Premises") which is the subject of this agreement is located within that portion of the City which lies within Carver County, and is legally described as follows: Lots 1 and 2, Minnewashta Park Addition. 1.03. Property Interests. The premises are owned in fee by George A. Cermak and Ladislav A. Cermak, and are subject to a contract for deed dated February 22, 1979, whereby Hary T. Kreslins is the contract for deed vendee and purchaser of the premises: The Baltic Corporation is the lessee and occupant of said premises._ 1.04. Use and Zoning. The premises have been owned and used since 1963 by Cermak for the sale'of nursery stock and implements and supplies customary to a• retail nursery business under a commercial dis- trict zoning by the Chanhassen Town Board in October, 1963. -In March, 1972, the premises were rezoned by the City to an R-1, Single Family Residence District under the present Chanhassen Zoning Ordinance.. By reason of said rezoning, the use of said premises as a nursery became a non -conforming use subject to the restrictions applicable to non -conform. uses under §20 of said Zoning Ordinance. 1.05. Application for Use. Baltic and Kreslins have made applica- tion to the City for permission to use said premises and the principal structure located thereon as the business office for Baltic, and have represented to the City that the principal business activity of Baltic is in finance and insurance. In furtherance of said application, Kreslins and Baltic have filed with the City certain plans and specifi- cations as revised May 25, 1979, prepared by Roberts Architects, and entitled "The Baltic Company Office Building, Chanhassen, Minnesota." on Said plans and specifications are hereby incorporated herein by ref e-- rence, are hereby made a part of this agreement, and are designated. as follows: Exhibit A - Exhibit B - Exhibit C - Kreslins and Baltic have the principal structure said floor plan (Exhibit C) and to landscape the site plan/landscape plan Site Plan/Landscape Plan Floor Plan Exterior Elevations applied to the City for a permit to remodel on said premises in strict conformity with B) and said exterior elevations plan (Exhibit premises in strict conformity with the said (Exhibit A). 1.06. Litigation. Prior to the acquisition of said premises by Kreslins, the City had instituted litigation in Carver County District Court against Cermak and others (City of Chanhassen vs. Ladislav A. Cermak and George Cermak, Carver County District Court File No_ 16283) alleging violations of 520, Non -Conforming Uses, of the Chanhassen Zoning Ordinance, including illegal expansion of a non -conforming use and the maintenance of a public nuisance on said premises, and seeking injunctive relief against the defendants therein. Said litigation remains pending in Carver County District Court and the complaint in said action is incorporated herein for reference purposes. 1.07. Representations. Kreslins and Baltic have represented to the City Council and the Chanhassen Planning Commission that the proposed use of said premises as the business office of Baltic will constitute a lessintensive use of said premises, that the physical use of the premises shall be lessened, that no structural alterations nor enlargement of the principal structure on the premises shall be made, and that the site plan/landscaping plan, floor plan, and exterior elevations --of the premises and principal structure shall be'completed in strict conformity with Exhibits A,B, and C. 1.08. City. .-Council and Planning Commission Consideration. The proposal of Kreslins and Baltic for use of the premises as the business office of Baltic was duly heard and considered by the City Planning Commission at a public hearing held on April 25, 1979, and by the City Council at public Council meetings on May 21, 1979, June 18, 1979, and July 2, 1979. SECTION 2.. FINDINGS. 2.01. Findinq sideration of all mises by Kreslins s of City Council. The City Council, after due con - matters relevant to the proposed use of said pre and Baltic, finds as follows: 1. That the proposed use of said premises as represented by Kreslins and Baltic will constitute a less intensive and more restrictive use of said premises than hereto- fore existed. - 2- SECTION 3. 2 . Thal tC physical use of the p_ _m( es will be lessened. 3. That no structural a JA-.L­.r AJ.ons nor enlar/ jeiiient of the principal structure on said premises will. be made. 4. That the proposed alterations of the principal structure as shown on Exhibits A and B constitute incidental alterations of the principal structure and do not extend, enlarge or intensify the non -conforming use. 5. That the less intensive and more restrictive non- conforming use of said premises by Kreslins and Baltic does not violate the spirit and intent of the Chanhassen. Zoning Ordinance. PERMIT AND CONDITIONS. In consideration of the representations of Kreslins and Baltic, the City hereby grants to Kreslins and Baltic a non -conforming use permit to use said premises and its principal structure as the business office of Baltic, subject to the following terms and conditions, all of which shall be strictly complied with and adhered to as being necessary and essential for the protection of the public -interest: 1. The site shall'be rehabilitated and -cleared of all nursery .accessory buildings and structures, above ground fuel tank, tractors, vans, trucks, camper tops, tractor bodies, pallets, steel piping, nursery materials, timbers, machines, vehicles, junk and debris; and shall be improved and landscaped in accordance with the site plan/landscape plan designated as Exhibit A herein, except that the existing garden structure shown on said plan shall be removed and the driveway shall remain in its present location. The said site improvement and landscaping shall be completed and installed by November 1 .1979. a) In addition to the installation of the landscaping set forth --on Exhibit A herein, Kreslins and Baltic shall install and -properly -maintain, replacing as necessary, plantings along the south property lines of the premises to screen the premises as effectively as possi_ble'from the view of residen- tial sites and street traffic lying southerly of the premises. All such plantings shall be as recommended by the City Forester and approved by the Council. Said plantings may be placed within the street right-of-way with the approval of the City Street Maintenance Department. 2. The incidental alterations to the principal structure shall be made strictly in accordance with the floor plan designated'.as Exhibit B herein and shall be completed and installed by November 1, 1979. The presently existing canopy on the front of the principal structure and the lean-to structure at the rear thereof shall be removed as a part of the permitted incidental alterations. -3- 3. The extex_ir�of the principal struct { chall be cosmetically renovated in accordance with the exterior elevations plan designated as Exhibit C herein, and shall be completed and installed by November, 1979, 4. Exterior lighting of the premises and all signs thereon shall be as approved by the City Council. 5. Enlargement of the principal structure on said premises shall not be permitted. 6. The principal structure and all site improvements on said premises shall be maintained in a good state of repair, and all landscaping on said premises shall be properly maintained and replaced as necessary. 7. Motor vehicle parking upon said premises at any one time shall be limited to 13 private passenger vehicles, which shall include employee parking, and two parking spaces for the handicapped. Private passenger vehicles may include vans and pickup trucks used for non-commercial purposes_ All parking shall be limited to the spaces designated. Except for trucks furnishing essential services, to the premises, the parking of commercially licensed vehicles and recreational vehicles shall be prohibited. 8. The driveway and parking area shall be constructed with bituminous curb and gutter and bituminous surfacing, the specifications for which shall be as directed by the City Engineer. 9. All roof mounted or exterior mechanical equipment serving the principal structure shall be screened with materials similar in appearance to the exterior materials indicated in Exhibit C herein. 10. All work performed and materials furnished to said premises or the principal structure located thereon shall meet or exceed -all City ordinances, regulations and standards_ 11. All storage shall be confined within the existing structure. 12. The principal structure on said premises shall be connected to sanitary sewer and municipal water systems of the City' prior to occupancy of the principal structure. 1.3. For the purpose of assuring to the City that the site and landscaping improvements to be carried out by Kreslins. and Baltic are installed and furnished as set forth herein,. Kreslins and Baltic shall furnish to the City either a cash deposit, a corporate surety bond approved by the City attorney and naming the City as obligee thereunder, or an irrevocable letter of credit approved by the City, an amount equal to 110% of the costs of said improvements as computed by the City Engineers. -4- i4. It is intended that the premises shall be used by Kreslins and Baltic solely as the business office of Baltic, for its finance and insurance operations, which use shall. not involve retail, traffic on said prcni-dscy. 1.,:ca part of the premises shall be leased to other persons, firms or corporations, without the prior written consent of the City. 15. For the purpose of insuring compliance with. its terms, the within permit shall be reviewed by the City Council at the first regular Council meeting following the first anniversary date of the permit. 16. The establishment, maintenance and operation of the proposed use shall not be detrimental to or endanger the public health, safety, or general welfare. 17. The use shall not be injurious to the use and enjoyment of other property, and shall not operate to diminish or impair property values within the immediate vicinity. 18. No vested right or interest under the Chanhassen Zoning Ordinance or this agreement is granted to Cermak, Kreslins, or Baltic to use said premises in a manner other than as.se t forth herein; and the City reserves the right to revoke for cause the within non -conforming use permit for any violation thereof upon fifteen (15) days' mailed notice of hearing given to Cermak, Kreslins, and Baltic. 19. Unless terminated by the.provisions of §3(18) above or by §20.03, Restoration, of the Chanhassen Zoning Ordinance, this permit and the non -conforming use granted hereby shall terminate on February 28, 2002, on which date the use of the premises shall conform in all respects to the then existing zoning in force with respect to said premises. 20. Forthwith, upon invoicing. therefor, Kreslins. and Baltic shall reimburse the City for all costs, including reasonable engineering, legal, planning and administrative expenses, incurred by the City in connection with all matters relating to the preparation of this permit, the administration and enfdreement of the within agreement, and the performance thereof by Kreslins and Baltic; said costs to be, inclusive of all reasonable City legal expense and suit costs incurred by the City in the defense of the within permit in any litigation instituted by third persons. The City is hereby given,the right to specially assess said costs as a lien against the premises, collectible alongwith the general ad valorem taxes payable thereon. 21. Upon execution of this agreement by all parties, the City shall dismiss without prejudice the pending litigation against Cermak. 22. This agreement shall be binding upon the parties hereto, and their respective heirs, personal representatives, successors and assigns. -5- a 23. For the purpose of giving any notice hereunder, and unless otherwise provided by the respective parties, all notices and communications to any of them shall be addressed as follows: s To the City: �' City of Chanhassen 7610 Laredo Drive Chanhassen, MN 55317 Attn: City Manager To Cermak: George A. CermakM Min�r/E Tom k � � 1 Ah/o R x c E sioR Mn/ .s s'-33` To Kreslins: Hary T. Kreslins � � c i= .� s � o.e , M.✓ s s 3 3� To Baltic: The Baltic Corporation IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed the day and year here' Bove set forth. CITY OF CH AS EN BY M4yor Attest: City rk/Manager THE BALTIC CORPORATION Marie Anne Cermak Q� Ladislav A. Cermak RHL 7/16/79 STATE OF MINNESOTA ) ss� COUNTY OF CARVER ) c On this /oM day of �, 1979, before me, a notary public within and for said county, pe sr onally appeared Walter Hobbs and Donald W. Ashworth, to me personally known, who, being by me duly sworn, did say'that they are respectively the Mayor and City Manager of the City of Chanhassen named in the foregoing instrument, and that said instrument was signed and sealed in behalf of said corporation by author- ity of its City Council, and said Walter iiobbs and Donald W. Ashworth acknowledged said instrument to be the free act and deed of said corporation. STATE OF MINNESOTA ) ss . COUNTY OF ) 101 KAREN J. ENGELHARDT NOTARY PUBLIC - MINNESOTA _ CARVER COUNTY .A.41" My Commissiw: Expir_s Oci_ 11, 1965 On this 6 � day of �1//_ Z 1979, before me, a notary public within nd for said county, personally appeared �z_c and lti' ��� to me personally known, who, being by me diTly sworn, did say�that they are respectively the „�„k;�r and the G� �J�i�-�,��,,,t- of The Baltic Corporation, the corporation. named in .the foregoing instrument, and that said instrument was signed and sealed in behalf of said corporation by authority of it Board] f Directors, and said _,5mn' and �� acknowledged said instrument to be the free act and deed of said corporation. n STATE OF MINNESOTA ) ss. COUNTY OF On this 1�5T'l day of ,��clv/ 1979, before me, a notary public with" nd for said county' personally appeared Hary T. Kreslins and / let ,�,,�- Kreslins, husband and wife, to me known to be the persons described in and who executed the foregoing instrument and acknowledged that they executed the same as the ir,,.f�rree act and dee,t!(. uNTY MY COMMISSION RxC fRES IJEC_ Is. 1982 -7- Y RHL 7/16/79 STATE OF MINNESOTA ) ss. COUNTY OF ) 0. /; On this day of = 1979, before me, a notary public within and for said county,-, ersonally appeared George A. Cermak and Constance Cermak, husband and wife, to me known to be the persons described in and who executed the foregoing instrument and acknowledged. that they executed the same as their free act and deed. STATE OF MINNESOTA ) ss. COUNTY OF ) -/I, . V- )4ju i is H. L. NEHLS, JR. et'69 NOTARY PUBUO — MINNESOTA HENtNEPtn� ntay Commission Expires Jan. 2i4,1985 On this day of �r. , 1979, before me a. notary public within and for said unty, personally appeared A. Cermak and Marie Anne Cermak, husband and wife,. to meknown Lto1bea. the persons described in and who executed the foregoing instrument and acknowledged that they executed the same as their fry act and deed. otary Public j .. H. L. NEHLS, Jr?. ! NOTARY PURLiG IcSOTR z- My commission Expires Jan. 24, 1985 ��%iTY�t 7�'t+0 if V 7 YO'b 0 VV' V7 iT'r'7�'7�t°73�: v DOCUMENT NO. �r OFFICE OF COUNTY RECORDER =r STATE OF MINNESOTA COUNTY OF CARVER This is to certify that this document was filed in this office on the arh99 day of y'lov. 1294 A.D. at :&0 o'clock A• M. and was duly recorded in Book9_ CERTIFICATION of -/�C % page �108 - Ry0 OlASTATE OF MINNESOTA ) —"(J bOVA( ,�- sS County Recorder COUNTY OF CARVER ) by I, Karen J. Engelhardt, duly appointed, qualified and acting Deputy Clerk for the City of Chanhassen, Minnesota, do hereby certify that I have compared the foregoing copy of Non -Conforming Use Permit for Lots 1 and 2, Minnewashta Park Subdivision. with the original copy, now on file in my office, and have found the same to be a true and correct copy thereof and as approved by the City Council. Witness my hand and official seal at Chanhassen, Minnesota, this i ;` day of 19g c Karen J. ge rdt, Deputy Clerk -3(;J CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA NON -CONFORMING USE PERMIT 1. Permit. Subject to the terms and conditions set forth herein, the City of Chanhassen hereby grants a conditional use permit for: the conduct and operation of office uses only in the principal structure located on the herein described property. 2. Property. The permit is for the following described property in the'City of Chanhassen, Carver County, Minnesota: Lots 1 and 2, Minnewashta Park Subdivision 3. Conditions. The permit is issued subject to the following conditions: 1. Enlargement of the principal structure shall be prohibited; 2. The establishment, maintenance, and operation of the proposed uses shall not be detrimental to public health, safety or general welfare of other property, and shall not operate to diminish or impair property values within the immediate vicinity. 4. Termination of Permit. The City may revoke the permit under any of the following circumstances: material' change of condition of the neighborhood where the use is located; violation of the terms of the permit. 5. Criminal Penalty. Violation of the terms of this conditional use permit is a criminal misdemeanor. Dated:- &� /.5- f qs�- CITY OF CHANHASSEN i By: Its Mayor ; By: Its Clerk STATE OF MINNESOTA) ) ss COUNTY OF CARVER ) The f&2az-, instrument was acknowledged before me this day of _ 19KJ, by Thomas L. Hamilton, Mayor, and Don Ashworth, City Manager of the City of Chanhassen, a Minnesota municipal corporation, on behalf of the corporation. Not ry P lic Kt 7'7RDT -4,P �'�lESOTA ; NTY 3•C CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA NON -CONFORMING USE PERMIT 1. Permit. Subject to the terms and conditions set forth herein, the City of Chanhassen hereby grants a conditional use permit for: the conduct and operation of office uses only in the principal structure located on the herein described property. 2. Property. The permit is for the following described property in the City of Chanhassen, Carver County, Minnesota: Lots 1 and 2, Minnewashta Park Subdivision 3. Conditions. The permit is issued subject to the following conditions: 1. Enlargement of the principal structure shall be prohibited; 2. The establishment, maintenance, and operation of the proposed uses shall not be detrimental to public health, safety or general welfare of other property, and shall not operate to diminish or impair property values within the immediate vicinity. 4. Termination of Permit. The City may revoke the permit under any of the following circumstances: material change of condition of the neighborhood where the use is located; violation of the terms of the permit. 5. Criminal Penalt,17. Violation of the terms of this conditional use permit is a criminal misdemeanor. Dated: /.r, 1 CITY OF CHANHASSEN By: Its Mayor By: Its Clerk STATE OF MINNESOTA) ) ss COUNTY OF CARVER ) The fo a oing instrument was acknowledged before me this day of _ 19f5�, by Thomas L. Hamilton, Mayor, and Don Ashworth, City Manager of the City of Chanhassen, a Minnesota municipal corporation, on behalf of the corporation. Not ry P lic .'� K! ')_HARDT �� �• JNESOTA jVTY k• , <�� 11 te8b� CITY OF S CHANHASSEN 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937-1900 MEMORANDUM TO: Mayor and City Council .4�M1 ley City — ........ .— Endorsed- — — Modified Rejected - Dat! Date Submitted to Commission FROM: Barbara Dacy, City Planner Date Submitted to COMA DATE: September 28, 1984 A SUBJ: Revision of Non -Conforming Use Permit, George Cermak, 2500 Orchard Lane BACKGROUND On August 10, 1979, the City executed a non -conforming use permit with George A. and Ladislav A. Cermak, who are the fee owners of the property located at 2500 Orchard Lane. The permit was issued for the use of the existing building as a business office for Harry T. Kreslins of the Baltic Corporation and Transamerica Insurance Company. Kreslins was the contract for deed vendee and purchaser of the premises and the Baltic Corporation was to be the lessee and occupant of the building. The permit was con- ditioned upon the performance of several items including landscaping and parking lot improvements. The City filed suit against the Baltic Corporation in 1981 when the required improvements were not performed. Baltic Corporation in pursuit of settling the lawsuit filed a $4,700 performance bond for the completion of the required landscaping. As of this date, $4,633.50 remains, the difference being the deduction in attorney fees. The lawsuit is still being held against the title of the property because the required improvements have not been performed. Mr. Cermak is now requesting the City to revise the non- conforming use permit to allow the Concord Travel Agency to occupy the building. According to Mr. Cermak, Concord Travel offers group tours and does most of their business by phone and computer. The travel agency would employ approximately 10 to 12 employees with office hours from 9:00 a.m, to 5:00 p.m. weekdays. The continuation of office uses at the subject location does not appear to be adversely affecting the surrounding area. Instead of issuing a permit for a specific corporation or agency, staff concurs with the City Attorney's recommendation that the permit be revised to allow the existing building to be used for general Mayor and City Council September 28, 1984 Page 2 business and professional office uses and that the permit be revised to "run with the land", rather than to a specific individual. This approach would allow for future sale of the property to other office users but would not allow the enlarge- ment of the building or parking area without City approval. The previously required landscaping and parking lot improvements, however, should be made. Mr. Cermak is now in the process of making those improvements in accordance with the approved plan. Upon satisfactory completion of these improvements, the money now held in escrow should be refuned to Mr. Cermak. RECOMMENDATION The revision of the non -conforming use permit is recommended for approval based on the following: 1. The terms of the permit should be revised to allow the use of the existing building for office space, and the permit should be issued with the run of the land. 2. Landscaping and parking lot improvements must be completed before the monies now held in escrow are returned to Mr. Cermak. 3. After satisfactory completion of the improvements, the City Attorney should take the necessary steps to dismiss the lawsuit against Mr. Cermak. REPORT ATTACHMENTS 1. Letter from George Cermak. 2. Letter from Richard H. Speeter, Attorney for Mr. Cermak, dated September 18, 1984. 3. Photographs of property taken September 28, 1984. 4. Non -conforming Use Permit dated August 10, 1984. 5. Site plan showing proposed parking and landscaping improve- ments. -1 �'v V'.-� V"'"�� Liy�'yti�yt./�� !�/��%JF./VC/'-`�`•�_ '• `��'�� .rlLr��`Y �` �� .�L �J ` 2 r ( s i- CITY OF CHANHASSEN sP 12' CDI Mlj\ l y DEVELOPMENT DEP /- 3��-- Z8- 7 0 SPEETER, JOHNSON, HAUTMAN & OLSON ATTORNEYS AT LAW 2100 FIRST BANK PLACE WEST MINNEAPOLIS, MINNESOTA 55402 ROBERT L. SPEETER VINCENT E. JOHNSON JOSEPH W.HAUTMAN CHARLES E. OLSON Mr. Thomas Hamilton Mayor of Chanhassen Box 147 Chanhassen, MN 55317 CITY COUNCIL City of Chanhassen Box 147 Chanhassen, MN 55317 (612) 339-7566 September 18, 1984 Re: Lots 1 and 2, Minnewashta Park. Gentlemen: RICHARD H. SPEETER CHERYL SPEETER MARGOLES PATRICK V. JOHNSON JACQUELINE CASEY Mr. Scott Martin City of Chanhassen Box 147 Chanhassen, MN 55317 Please be advised that the undersigned represents George A. Cermak and Ladislav A. Cermak, the fee owners of certain real estate located on Orchard Lane, Chanhassen, Minnesota, which real estate is legally de- scribed as follows: Lots 1 and 2, Minnewashta Park, situated in the North 1/2 of the Northeast 1/4 of Section 4-116-23, less that part thereof taken by the State of Minne- sota for State Trunk Highway 7. You will recall that I discussed this matter with you on September 18, 1984. My clients are in the process of selling this real estate, and I have been asked to examine -the Abstract of Title to determine the existence of any title problems. On the basis of this examination, I note that the abstract makes reference to the existence of a certain Notice of Lis Pendens dated .June 3, 1981, and recorded June 3, 1981, in Book 52 of Misc. Page 36. This Notice identifies a certain lawsuit filed in Car- ver County District Court entitled City of Chanhassen vs. Hary T. Kre_s- lins, The Baltic Corporation and Transamerica Insurance Company. In order to make the title marketable, it will be necessary for us to obtain and file an appropriate Discharge of Notice of Lis Pendens from the City CITY OF CHANHASSEN 7IV P 19198 rOI Ij q' TY DEVELOPMENT DES Mr. Scott Martin -2- September 18, 1984 of Chanhassen. As I previously indicated to you, neither Hary T. Kreslins nor The Baltic Corporation maintain any interest in the subject real estate. All the interest of Mr. Kreslins was terminated pursuant to a Cancellation of Contract for Deed which was conducted by the undersigned and completed in November, 1981. The Baltic Corporation had previously maintained an interest as tenant, but no longer occupies the building. It is my understanding that the purpose of the above -captioned lawsuit was to compel rehabilitation of the premises pursuant to a certain Non - Conforming Use Permit dated August 10, 1979, between the City and Mr. Kreslins and The Baltic Corporation. Apparently, there are certain landscaping and other exterior improvements yet to be done, and the sum of $4,600.00 has been placed in an escrow account to be applied toward this work. It is my understanding that as soon as this work is com- pleted, the lawsuit can be dismissed. In this respect, you have advised that my clients have been in contact with you, not only to fulfill these requirements, but to procure the approval of the City of Chanhassen with respect to the nature of the business to be conducted on the subject premises by the proposed purchaser of this real estate. Please let me know if I have correctly s obtain a Discharge of Notice of Lis Pend Very tr RHS:ef d—what will be necessary to as/�eauested herein. y ll]r ;, TER CITY OF CHANHASSEN 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937-1900 October 8, 1984 Mr. George Cermak Lester Plain, MN 55354 Dear Mr. Cermak: This is to formally notify you that the City Council at the October 1, 1984 meeting approved your request to change the Non -Conforming Use Permit to office uses. It is my understanding that Mr. Scott Martin has returned to you the monies held in escrow for the landscaping and parking improvements. I will notify our City Attorney, Roger Knutson, to take the necessary steps to remove the pending litigation against your parcel. The revised permit will be recorded at the County Recorder's Office and a copy of it will be made available to you within the week. If you should have any questions, please feel free to contact me. Sincerel- .R (Barbara Dacy y Planner BD : v CITY OF CHANHASSEN 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937-1900 MEMORANDUM TO: Kay Klingelhutz, City Treasurer FROM: Scott Martin, Community Development Director* DATE: October 3, 1984 SUBJ: Refund of Developer Escrow Funds - George and Ladislav Cermak Please prepare a check in the name of the above parties in the amount of the current balance of the Cermak/Baltic Developer Escrow Account. The required improvements guaranteed by the escrow funds have been satisfactorily completed and the balance should now be refunded as per City Council action of October 1, 1984. <( CITY OF CHANHASSEN 7610 Laredo Dr.. Chanhassen, MN 55317 PLEASE DETACH BEFORE CASHING NUMBER VENDOR NAME REMITTANCE ADVICE DATE CHECK NO. DATE INVOICE OUR P.O. NO. OUR ACCOUNT NUMBER AMOUNT NET I Refund Escor Atmunt 962-4901 4,647.50 I I i I I i I I I I i I I i I i I i I I I I I I i i Chanhassen, Minn.,— M IN ACCOUNT WITH CITY OF CHANHASSEN o2 �, 3 7S 9*s . oo> F� o>. - 37 n�2 CITY OF CHANHASSEN 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937-1900 NOTICE _OF _PUBLIC _HEARING September 21, 1984 Dear Property Owner: This is to notify you that the City Council is holding a public hearing in the City Hall Council Chambers at 690 Coulter Drive on October 1, 1984 to consider the application of George Cermak to request that the Non -Conforming Use Permit for Lots 1 and 2, Minnewashta Park (2500 Orchard Lane) be amended to allow office uses on said property. Information regarding this request is on file at City Hall in the office of the City Planner. All interested persons are invited to attend this hearing. Should you have any questions regarding this request, please feel free to contact me. Sincerely, Barbara Dacy City Planner BD : v Obed L. Melom 2540 Orchard Lane Excelsior, MN 55331 Elmer & M. Livingston 2611 Orchard Lane Excelsior, MN 55331 Wm. E. & S. Lehner 6461 Oriole Ave. Excelsior, MN 55331 Donald & F. Dudycka 6451 Oriole Ave. Excelsior, MN 55331 Agnes Anderson 6470 Oriole Ave. Excelsior, MN 55331 Gene A. & L. Connor 1521 Orchard Lane Excelsior, MN 55331 ,Richard J. & Y. Brown 2630 Orchard Lane Excelsior, MN 55331 Ralph & E. Livingston 2631 Orchard Lane Excelsior, MN 55331 W. M. & D. Ziegler 6441 Oriole Ave. Excelsior, MN 55331 Gary Reed & Roger Reed 2461 W. 6th Street Excelsior, MN 55331 James J. Majerus 3835 Haven Road Minnetonka, MN 55343 Robert L. & B. Wagner 2511 Orchard Lane Excelsior, MN 55331 Marcia L. Will 325 George Street Excelsior, MN 55331 Donald & S. Livingston 2621 Orchard Lane Excelsior, MN 55331 Robert W. Reatiman 5915 Galpin Lake Road Excelsior, MN 55331 Richard G. & K. Schmidt 5136 Willow Lane Minnetonka, MN 55343 Roger & K. Ellsworth 2441 West 64th Street Excelsior, MN 55331 a The ;, BALTIC ,...;� Corporation F BALTIC BUILDING 2540 ORCHARD LANE EXCELSIOR, MINN. 55331 (612) 474-2591 December 4, 1980 -;ob Waibel "illage of Chanhassen Chanhassen, :,_inne ota 55317 Please be advised that we have planted the Black Hills Spruce. This was completed on November 21, 1980. THE BALTIC CORPORATION Hary T. Kresiins P-,-•e s ident cc: Russell W. Larson, Attorney HTK:bmm pFCi�80 RECEIVED v,IJAos OF. CKAN KArsi'iiic % MINN. HARYT. KRESLINS President A A, CITY OF CHANHASSEN 690 COULTER DRIVE 0 P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937-1900 MEMORANDUM TO: Don Ashworth, City Manager x FROM: Barbara Dacy, City Planner DATE: May 27, 1987 SUBJ: Review Sign Permit for Credit Processing Systems, Inc. This is to notify the Council that Credit Processing Systems will be occupying the building at 2500 Orchard Lane. They will be submitting a sign application for a 24 square foot sign which will be processed administratively. The Council should be aware, however, that on June, 15, 1987, the applicant will be requesting action on a building permit application for an accessory building. Attached is the letter from Credit Processing System's attorney regarding the request to install a detached garage for company vehicles and for storage of credit card receipts. The non- conforming use permit passed by the Council in October, 1984, states that no enlargement of the principal use is permitted. It is the applicant's position that the proposed structure is accessory to the principal use and does not constitute an inten- sification violating the intent of the permit. The applicant is currently preparing more detailed plans of the proposed struc- ture. Because of the years of neighborhood complaints about the site, it is intended that the surrounding neighborhood be notified about Council's consideration of the matter at the June 15, 1987, meeting. In the meantime, the attorney's office will also be notified for an interpretation. Article IX, Section 4, requires that sign size shall conform to the size requirements of the most restrictive district in which the use is allowed. In this case, the OI District requires a ground profile sign not to exceeed 24 square feet in area. The applicant will be submitting the appropriate sign application documents. RECOMMENDATION No action is required by the Council, however, the Council may want to make comments during "Council Presentation". Don Ashworth May 27, 1987 Page 2 ATTACHMENTS 1. Letter from Credit Processing Systems, Inc. 2. Non -conforming Use Permit dated October 15, 1984. 3. City Council minutes dated October 1, 1984. 4. Non -conforming Use Permit dated August 10, 1984. 5. Excerpt from Sign Ordinance. /_ Credit Processing Systems Incorporated MasterCard P.O. Box 29285 Minneapolis, MN 55429 May 19, 1987 Barb Dacy Chanhassen City Planner 7610 Laredo Drive P.O. Box 147 Chanhassen, MN 55317 Re: Zoning questions regarding Lots 1 and 2 Minnewashta Park Subdivision. Dear Ms. Dacy: As you suggested, I am writing this letter as a means to formally introduce our company to the City of Chanhassen. Our company, Credit Processing Systems, Inc., has just purchased Lots 1 & 2, Minnewashta Park Subdivision from the present owners, George and Ladislov Cermak. It is our hope to begin a long, fruitful relationship with the City of Chanhassen. Our intended use of the property and building on it is for professional offices. Credit Processing Systems processes Mastercard/Visa transactions for thousands of Twin Cities merchants and has branch offices in six cities across the country, employing a total of 100 people. An affiliate company of Credit Processing Systems is First Companies Real Estate, Inc. This fledgling real estate agency already has two branch offices and is expanding rapidly. First Companies Insurance Agency is also an affiliate of Credit Processing. It is our intent to use the Cermak property as the national headquarters for these businesses. It is my understanding that the property is presently zoned as "RSF:' (single family residential). However, it appears that there is a non -conforming use permit for the property that is to run with the land indefinitely as long as the present building is used for the conduct and operation of offices. I would like you to please confirm the accuracy of the above statement. It is also my. understanding that sign permits have been issued in the past. Of course, we need a sign of some sort to identify our business. We would ideally like to place a sign out in front of the building that is very low-keyed and in fitting with the quiet atmosphere of the property. r. Page #2 It is our hope to have a ground level sign placed between two professionally built brick pillars that is lit from small spotlights set in the ground. The sign itself will be approxim- ately 5 ft by 10 ft and made of only first class materials. The sign will be used merely to identify the businesses. We would also like some response from you as to the feasibility of obtaining a permit for such a sign. It is our intention to fit into the neighborhood as much as possible. We intend to spend a good deal of money on land- scaping in the way of trees, bushes and ground maintenance. By doing this we hope to seclude the office building as much as possible from the homes nearby and also to make the grounds as aesthetically pleasing.as possible. In order to accomplish this we intend to canvass the neighborhood to determine what the residents would like to see. In keeping with the aesthetics of the site we would like to erect a four to eight car garage and/or small storage shed for business forms, etc. These structures will be very low-key and placed directly behind the main structure; perhaps being sunken into the hill at the back of the property. Again, we would like some response from you as to the feasibility of such structures. It is our goal to fit into the community as much as possible because we intend to make the area our permanent home. Also, we feel we can bring a lot to the community as far as employment and business opportunity. I look forward to hearing from you very soon. ruly Yours, �0 Timot alsh General Counsel Credit Processing Systems, Inc. (566-2560) TMW/dm RHL 7/17/79 —N, CITY OF CHANHASSEN NON -CONFORMING USE PERMIT THIS AGREEMENT, Made and entered into this 1,�9 _tA day of 1979, by and between the City of Chanhassen, a Minne ota municipal corporation ("City"), George A. Cermak and Constance Cermak, his wife, and Ladislav A. Cermak and Marie Anne Cermak, his wife, ("Cermak"), fee owners; Hary T. Kreslins, contract. purchaser, and Doris Jeanne Kreslins, his wife ("Kreslins") ; and The Baltic Corporation, a Minnesota corporation, lessee ("Baltic"), hereinafter referred to collectively as the "Parties": WITNESSETH, That the City and the other parties herein named, in consideration of the mutual covenants herein contained, hereto recite and agree as follows: SECTION 1. RECITALS. 1.01. Authority. This agreement is entered into by the City pur- suant to its powers granted by Chapters 412 and 462 of Minnesota Sta- tutes and the Chanhassen Zoning Ordinance. 1.02. Property Description. The real property ("Premises") which is the subject of this agreement is located within that portion of the City which lies within Carver County, and is legally described as follows: Lots 1 and 2, Minnewashta Park Addition. 1.03. Property Interests. The premises are owned in fee by George A. Cermak and Ladislav A_ Cermak, and are subject to a contract for deed dated February 22, 1979, whereby Hary T. Kreslins is the contract for deed vendee and purchaser of the premises. The Baltic Corporation is the lessee and occupant of said premises.. 1.04. Use and Zoning. The premises have been owned and used since. 1963 by Cermak for the sale'of nursery stock and implements and supplies customary to a retail nursery business under a commercial dis- trict zoning by.the Chanhassen Town Board in October, 1963. -In March, 1972, the premises were rezoned by the City to an R-1, Single Family Residence District under the present Chanhassen Zoning Ordinance., By reason of said rezoning, the use of said premises as a nursery became a non -conforming use subject to the restrictions applicable to non-conformi uses under §20 of said Zoning Ordinance. 1.05. Application for Use. Baltic and Kreslins have made applica- tion to the City for permission to use said premises and the principal structure located thereon as the business office for Baltic, and have represented to the City that the principal business activity of Baltic is in finance and insurance. In furtherance of said application, Kreslins and Baltic have filed with the City certain plans and specifi- cations as revised May 25, 1979, prepared by Roberts Architects, and entitled "The Baltic Company Office Building, Chanhassen, Minnesota." _1_ Exhibit A n Said plans and specifications are hereby incorporated herein by refe- rence, are hereby made a part of this agreement, and are designated as follows: Exhibit A - Exhibit B - Exhibit C - Kreslins and Baltic have the principal structure said floor plan (Exhibit C) and to landscape the site plan/landscape plan Site Plan/Landscape Plan Floor Plan Exterior Elevations applied to the City for a permit to remodel on said premises in strict conformity with B) and said exterior elevations plan (Exhibit premises in strict conformity with the said (Exhibit A) . 1.06. Litigation. Prior to the acquisition -of said premises. by Kreslins, the City had instituted litigation in Carver County District Court against Cermak and others (City of Chanhassen vs. Ladislav A. Cermak and George Cermak, Carver County District Court File No. 16283) alleging violations of 520, Non -Conforming Uses, of the Chanhassen Zoning Ordinance, including illegal expansion of a non -conforming use and the maintenance of a public nuisance on said premises, and seeking injunctive relief against the defendants therein. Said litigation remains pending in Carver County District Court and the complaint in said action is incorporated herein for reference purposes. 1.07. Representations. Kreslins and Baltic have represented to the City Council and the Chanhassen Planning Commission that the proposed use of -said premises as the business office of Baltic will constitute.a less intensive use of said premises, that the physical use of the premises shall be lessened, that no structural alterations nor enlargement of the principal structure on the premises shall be made, and that the site plan/landscaping plan, floor plan, and exterior elevations --of the premises and principal structure shall be completed in strict conformity with Exhibits A,B, and C. 1.08. City`_ -Council and Planning Commission Consideration. The proposal of Kreslins and Baltic for use of the premises as the business office of Baltic was duly heard and considered by the City Planning Commission at a public hearing held on April 25, 1979, and by the City Council at public Council meetings on May 21, 1979, June 18, 1979, and July 2, 1979. SECTION 2.. FINDINGS. 2.01. Findings of City Council. The City -Council, after due con- sideration of all matters relevant to the proposed use of said pre- mises by Kreslins and Baltic, finds as follows: 1. That the proposed use of said premises as represented by Kreslins and Baltic will constitute a less intensive and more restrictive use of said premises than hereto- fore existed. - 2- SECTION 3. 2. That the physical use of the prem_ es will be lessened. 3. That no structural nor en]_c3.3:c c ment of the principal structure on said premises will. bo made. 4. That the proposed alterations of the principal structure as shown on Exhibits A and B constitute incidental alterations of the principal structure and do not extend, enlarge or intensify the non -conforming use. 5. That the less intensive and more restrictive non- conforming use of said premises by Kreslins and Baltic does not violate the spirit and intent of the Chanhassen. Zoning Ordinance. PERMIT AND CONDITIONS. In consideration of the representations of Kreslins and Baltic, the City hereby grants to Kreslins and Baltic a non -conforming use permit to use said premises and its principal structure as the business office of Baltic, subject to the following terms and conditions, all of which shall be strictly complied with and adhered to as being necessary and essential for the protection of the public interest: 1. The site shall -be rehabilitated and -cleared of all nursery accessory buildings and structures, above ground fuel tank, tractors, vans, trucks, camper tops, tractor bodies, pallets, steel piping, nursery materials, timbers, machines, vehicles, junk and debris; and shall be improved and landscaped in accordance with the site plan/landscape plan designated as Exhibit A herein, except that the existing garden structure shown on said plan shall be removed and the driveway shall remain in its present location.- The said'site improvement and landscaping. -shall be completed and installed by November 1, .1979 . a) In addition to the installation of the landscaping set forth -.on Exhibit A herein, Kreslins and Baltic shall install and -:properly maintain, replacing as necessary, plantings along the south property lines of the premises to screen the premises as effectively as possible from the view of residen- tial sites and street traffic lying southerly of the premises. All such plantings shall be as recommended by the City Forester and approved by the Council. Said plantings may be placed within the street right-of-way with the approval of the City Street Maintenance Department. 2. The incidental alterations to the principal structure -shall be made strictly in accordance with the floor plan designated'as Exhibit B herein and shall be completed and installed by November 1, 1979. The presently existing canopy on the front of the principal structure and the lean-to structure at the rear thereof shall be removed as a part of the permitted incidental alterations. -3- 3. The exterior of the principal structurc .hall be cosmetically renovated in accordance with the exterior elevations plan designated as Exhibit C herein, and shall be completed and installed by November, 1979. 4. Exterior lighting of the premises and all signs thereon shall be as approved by the City Council. 5. Enlargement of the principal structure on said premises shall not be permitted. 6. The principal structure and all site improvements on said premises shall be maintained in a good state of repair, and all landscaping on said premises shall be properly maintained and replaced as necessary. 7. Motor vehicle parking upon said premises at any one time shall be limited to 13 private passenger. vehicles, which shall include employee parking, and two parking spaces for the handicapped. Private passenger vehicles may include vans and pickup trucks used for non-commercial purposes - All parking shall be limited to the spaces designated. Except for trucks furnishing essential services to the premises, the parking of commercially licensed vehicles and recreational vehicles shall be prohibited. 8. The driveway and parking area shall be constructed with bituminous curb and gutter and bituminous surfacing, the specifications for which shall be as directed by the City Engineer. 9. All roof mounted or exterior mechanical equipment serving the principal structure shall be screened with materials similar in appearance to the exterior materials 'indicated in Exhibit C herein. 10. All work performed and materials furnished to said premises or the principal structure located thereon shall meet or exceed- all City ordinances, regulations and standards. 11. All storage shall be confined within the existing structure. 12. The principal structure on said premises shall be connected to sanitary sewer and municipal water systems of the City' prior to occupancy of the principal structure. 13. For the purpose of assuring to the City that the site and landscaping improvements to be carried out by Kreslins. and Baltic are installed and furnished as set forth herein,. Kreslins and Baltic shall furnish to the City either a cash deposit, a corporate surety bond approved by the City attorney and naming the City as obligee thereunder, or an irrevocable letter of credit approved by the City, an amount equal to 1100 of the costs of said improvements as computed by the City Engineers. -4- i4. 1 It is intended that the premises shall he used. by Kreslins and Baltic solely as the business office of Baltic, for - its finance and insurance operations, which. use shall. not involve retail traffic on said pre i� fdses.. NO Part of the - premises shall be leased to other persons, firms or corporations, without the prior written co'n.sent of the City_ M 15. For the purpose of insuring compliance with its terms, the within permit shall be reviewed by the City Council at the first regular Council meeting following the first anniversary date of the permit. 16. The establishment, maintenance use shall not be detrimental to safety, or general welfare. and operation of the proposed or endanger the public health, 17. The use shall not be -injurious to the use and enjoyment of - other property, and shall not operate to diminish or impair property values within the immediate vicinity. 18. No vested right or. interest under the Chanhassen Zoning Ordinance or this agreement is granted to Cermak, Kreslins, or Baltic to use said premises in a manner other than as. set forth herein; and the City -reserves the right to revoke for cause the within non -conforming use permit for any violation thereof upon -fifteen (15) days' mailed notice of hearing given to Cermak, Kreslins, and Baltic. 19. Unless terminated by the.provisions of §3(18) above or by §20.03, Restoration, of the Chanhassen Zoning Ordinance, this permit and the non -conforming use granted hereby shall terminate on February 28, 2002, on which date the use of the premises shall conform in all respects to the then existing zoning in force with respect to said premises. 20. Forthwith, upon invoicing.therefor, Kreslins and Baltic -shall reimburse the City for all costs, including reasonable engineering, legal, planning and administrative expenses, incurred by the City in connection with all mattersrelating to the preparation of this permit, the administration and enforcement of the within agreement, and the performance thereof by-Kreslins and Baltic; said costs to be, inclusive of all reasonable City legal expense and suit costs incurred by the City in the defense of the within permit in any litigation instituted by third persons. The City is hereby given the right to specially assess said costs as a lien against the premises, collectible alongwith the general ad valorem taxes payable thereon. 21. Upon execution of this agreement by all parties, the City shall dismiss without prejudice the pending litigation against Cermak. 22. This agreement shall be binding upon the parties hereto, and their respective heirs, personal representatives, successors and assigns. -5- .,' F 23. For the purpose of giving any notice hereunder, and unless otherwise provided by the respective parties, all notices and communications to any of them shall be addressed as follows: 1 To the City: City of Chanhassen 7610 Laredo Drive Chanhassen, MN 55317 Attn: City Manager To Cermak: George A. Cerma-k �X CEO sioR. A1,V. To Kreslins: Hary T. Kreslins � x� �_ �sio�,, �.✓ ss33/ To Baltic: The Baltic Corporation : 4 s, o ?- �1✓ �s sr3.3/ IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed the day and year here'Z�,tbove set forth. CITY OF CHAS EN B_ Y M yor /l Attest: THE BALTIC CORPORATION nager Marie Anne Cermak -6- Ladislav A. 71')- CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA CONDITIONAL USE PERMIT 1. Permit. Subject to the terms and conditions set forth herein, the City of Chanhassen hereby grants a conditional use permit for: the conduct and operation of office uses only in the principal structure located on the herein described property. 2. Property. The permit is for the following described property in the City of Chanhassen, Carver County, Minnesota: Lots 1 and 2, Minnewashta Park Subdivision 3. Conditions. The permit is issued subject to the following conditions: 1. Enlargement of the principal structure shall be prohibited; 2. The establishment, maintenance, and operation of the proposed uses shall not be detrimental to public health, safety or general welfare of other property, and shall not operate to diminish or impair property values within the immediate vicinity. 4. Termination of Permit. The City may -revoke the permit under any of the following circumstances: material change of condition of the neighborhood where the use is located; violation of the terms of the permit. 5. Criminal Penalty. Violation of the terms of this conditional use permit is a criminal misdemeanor. Dated: CITY OF CHANHASSEN By: Its Mayor By: Its Clerk STATE OF MINNESOTA) ) ss COUNTY OF CARVER ) The foregoing instrument was acknowledged before me this day of _ 19_, by Thomas L. Hamilton, Mayor, and Don Ashworth, City Manager of the City of Chanhassen, a Minnesota municipal corporation, on behalf of the corporation. Notary Public RHL 7/16/79 STATE OF MINNESOTA ) ss. COUNTY OF CARVER ) t On this /dam day of _t , 1979, before me, a notary public within and for said county, personally appeared Walter Hobbs and. Donald W. Ashworth, to me personally known, who, being by me duly sworn, did say -that they are respectively the Mayor and City Manager of the City of Chanhassen named in the foregoing instrument, and that said instrument was signed and sealed in behalf of said corporation by author- ity of its City Council, and said Walter 11obbs and Donald. W. Ashworth acknowledged said instrument to be the free act and deed of said corporation. otaxv Public STATE OF MINNESOTA KAREN J. ENGELHARDT ss. ?`0_,!�I NOTARY PUBLIC- MINNESOTA COUNTY OF CARVER COUNTY ` +A .•. My Commission Expir_s Gc[_ 11, 1985 On this 0?1�� day of 1979, before, a notary public within nd for said county, personally appeared ez and ZjP1V T• 94: r4 to me personally known, who, being by me duly sworn, aid sa that they are respectively the and the ��1;���,��,; 1 of The Baltic Corporation, the corporation. named in the foregoing instrument, and that said instrument was signed and sealed in behalf of sai corporation by authority of i%)Board] f Directors, and said s����,, f and `'fs, • ;L,� acknowledged said instrument to be the free act and deed of said corporation. A /7 STATE OF MINNESOTA ) ss. COUNTY OF ) On this � day of _:7,jg 1979, before me, a notary public with" nd for said county; personally appeared Hary T. Kreslins and /F,rs iit�c' Kreslins, husband and wife, to me known to be the persons described in and who executed the foregoing instrument and acknowledged that they executed the same as their LXee act and dee,� MAb%�- �. t- MY COMMISSION EXPIRES CtEC, IS, 1982 -7- s r ' C' b RHL 7/1.6/79 STATE OF MINNESOTA ) } ss. COUNTY OF ) It - On this _ day of (� 1979, before me, a notary public within and for said county,.�ersonally appeared George A. Cermak and Constance Cermak, husband and wife, to me known to be the persons. described in and who executed the foregoing instrument and acknowledged. that they executed the same as their free act and deed. STATE OF MINNESOTA ) ss. COUNTY OF j - Notaryy Public H. L. NEHLS, JR. ftll) �Yd?TARY PURLii, — MINNESOTA HENNEPtvt--iufiit My Commission Expires Jan. 24.1985 `.7.� . - �a1i'�Y'r'V�YV'4i�li�/IF'sddvr"v+FrVvv�viw�rr'TVVVV3( On this LIZA day of W�lr . 1979, before me, a. notary public within and for said nty u, personally appeared Ladislav A. Cermak and Marie Anne Cermak, husband and wife,• to me known to be the persons described in and who executed the foregoing instrument and acknowledged that they executed the same as their fr" act and deed' v , ✓� L/A otary Public--- H. L NEHLS, JR. '' ; NOTARY P i-q A URi:u — ?�.sbNESOTA HEr1e�EP v`! r MY Commission Expires Jan. 24, I985 • rr� �+�iv;�v7��r�w� �, w�nvatst im RHL 7/17/79 x CITY OF CHANHASSEN NON -CONFORMING USE PERMIT e //'' THIS AGREEMENT, Made and entered into this /cat" day_of C/_.c-c.,,,Z , 1979, by and between -the City of Chanhassen, a - Minne'ota municipal corporation ("City"), George A. Cermak and Constance Cermak, his wife, and Ladislav A. Cermak and Maria Anne Cermak, his wife, ("Cermak"), fee owners; Hary T. Kreslins, contract purchaser, and Doris Jeanne Kreslins, his wife ("Kreslins"); and The Baltic Corporation, a Minnesota corporation, lessee ("Baltic"), hereinafter referred to collectively as the "Parties": WITNESSETH, That the City and the other parties herein named, in consideration of the mutual covenants herein contained, hereto recite and agree as follows: SECTION 1. RECITALS. 1.01. Authority. This agreement is entered into by the City pur- suant to its powers granted by Chapters 412 and 462 of Minnesota Sta- tutes and the Chanhassen Zoning Ordinance, 1.02. Property Description. The real property ("Premises") which is the subject of this agreement is located within that portion of the City which lies within Carver County, and is legally described as follows: Lots 1 and 2, Minnewashta Park Addition. 1.03. Property Interests. The premises are owned in fee by George A. Cermak and Ladislav A. Cermak, and are subject to a contract for deed dated February 22, 1979, whereby Hary T. Kreslins is the contract for deed vendee and purchaser of the premises. The Baltic Corporation is the lessee and occupant of said premises. 1.04. Use and Zoning. The premises have been owned and used since 1963 by Cermak for the sale'of nursery stock and implements and sun plies customary to a retail nursery business under a commercial dis- trict zoning by the Chanhassen Town Board in October, 1963. In March, 1972, the premises were rezoned by the City to an R-1, Single Family Residence District under the present Chanhassen Zoning Ordinance. By reason of said rezoning, the use of said premises as a nursery became a non -conforming use subject to the restrictions applicable to non-conformir uses under 520 of said Zoning Ordinance. A.pplication for Use. Baltic and Kreslins have mace applica- tion to the City for permission to use said premises and the principal structure located thereon as the business office for Baltic, and have represented to the City that the principal business activity of Baltic is in finance and insurance. In furtherance of said application, Kreslins and Baltic have filed with the City certain plans and specifi- cations as revised May 25, 1979, prepared by Roberts Architects, and entitled "The Baltic Company Office Building, Chanhassen, Minnesota." -1- V Said plans and specifications are hereby incorporated herein by refe- rence, are hereby made a part of this agreement, anct are designated as follows: .Exhibit A - Site Plan/Landscape Plan Exhibit B - Floor Plan Ex1Libit C - Exterior Elevations Kreslins and Baltic have applied to the City for a permit to remodel the principal structure on said premises in strict conformity with said floor plan (Exhibit B) and said exterior elevations plan (Exhibit C) and to landscape the premises in strict conformity with the said site plan/landscape plan (Exhibit A). 1.06. Litigation. Prior to the acquisition of said premises by Kreslins, the City had instituted litigation in Carver County District. Court against Cermak and others (City of Chanhassen vs. Ladislav A. Cermak and George Cermak, Carver County District Court File No. 16283) alleging violations of §20, Non -Conforming Uses, of the Chanhassen Zoning Ordinance, including illegal expansion of a non -conforming use and the maintenance of a public nuisance on said premises, and seeking injunctive relief against the defendants therein. Said litigation remains pending in Carver County District Court and the complaint in said action is incorporated herein for reference purposes. 1.07. Representations. Kreslins and Baltic have represented to the City Council and the Chanhassen Planning.Commission that the proposed use of said premises as the business office of Baltic will constitutea lessintensive use of said premises, that the physical use of the premises shall be lessened, that no structural -alterations nor enlargement of the principal structure on the premises shall be made, and that the site plan/landscaping plan, floor plan, and exterior elevations of the premises and principal structure shall be completed in strict conformity with Exhibits A,B, and C. 1.08. City Council and Planning Commission Consideration. The proposal of Kreslins and Baltic for use of the. premises_as the business office of Baltic was duly heard and considered by the City Planning Commission at a public hearing held on April 25, 1979, and by the City Council at public Council meetings on May 21, 1979, June 18, 1979, and July 2, 1979. SECTION 2. FINDINGS. 2.01. Findings of City Council_ The City Council, after_ due con- sideration of all matters relevant to the proposed use of said pre- mises by Kreslins and Baltic, finds as follows: 1. That the proposed use of said premises as represented by Kreslins and Baltic will constitute a less intensive and more restrictive use of said premises than hereto- fore existed. �m 2. That the physical use of the prc 4ses will be lessened. 3. That no structural alterations. nor enlargement of the principal structure on said premises will be made. k 4. That the proposed alterations of the principal structure as shown on Exhibits A and B constitute incidental alterations of the principal structure. and do not extend, enlarge or intensify the non -conforming use. 5. That the less intensive and more restrictive non- conforming use of said premises by Kreslins and.,Baltic does not violate the spirit and intent of the Chanhassen Zoning Ordinance. SECTION 3. PERMIT AND CONDITIONS. In consideration of the representations of Kreslins and Baltic, the City hereby grants to Kreslins and Baltic a non -conforming use permit to use said premises and its principal structure as the business office of Baltic, subject to the following terms and conditions, all of which shall be strictly complied with and adhered to as being necessary and essential for the protection of the public interest: 160-The site shall be rehabilitated and cleared of all nursery. accessory buildings and structures, above ground fuel tank, tractors, vans., trucks, camper to � etor bodies, pallets, steeli?ina, nursery mse_r-} imber `,,._snarh' ehicles, ' jui-k and debris; shall be imp and landscaped in-,) z the site plan/lan scape p an esigna-t-e"c'i-as Exhibit A herein, except that the existing garden structure shown on said plan shall be removed and the driveway shall remain in its present location. The said site improvement and landscaping shall be completed and installed by November 1, .1979. Porth In addition to the installation of the landscaping set on Exhibit A herein, Kreslins and Baltic shall install and properly maintain, replacing as necessary, plantings along the south property lines of the premises to screen the premises as effectively as possible from the view of residen- tial sites and street traffic lying southerly of the premises. All such plantings shall be as recommended by the City Forester and approved by the Council. Said plantings may be placed within the street right-of-way with the approval of the City Street Maintenance Department. 2. The incidental alterations. to the principal structure shall be made strictly in accordance with the floor plan designated'as Exhibit B herein and shall be completed and installed by . November 1, 1979. The presently existing canopy on the front of the principal structure and the lean-to structure at the rear thereof shall be removed as a part of the permitted incidental alterations. -3- 3, The exterior of the principal structu_-"shall be cosmetically renovated in accordance with the exterior elevations plan designated as Exhibit C herein, and shall be completed and installed by November, 1979. 4. Exterior lighting of the premises and all signs thereon shall be as approved by the City Council. 5. Enlargement of the principal structure on said premises shall not be permitted. 6. The principal structure and all site improvements on said premises shall be maintained in a good state of repair, and all landscaping on said premises shall be properly maintained and replaced as necessary. 7. 0 10. Motor vehicle parking upon said premises at any one time shall be limited to 13 private passenger vehicles, which shall include employee parking, and two parking spaces for the handicapped. Private passenger vehicles may include vans and pickup trucks used for non-commercial purposes. All parking shall be limited to the spaces designated. Except for trucks furnishing essential services to the Premises, the parking of commercially licensed vehicles and recreational vehicles shall be prohibited. The driveway and parking area shall be constructed with bituminous curb and gutter and bituminous surfacing, the specifications for which shall be as directed by the City Engineer. All roof mounted or exterior mechanical equipment serving the principal structure shall be screened with materials similar in appearance to the exterior materials indicated in Exhibit C herein. All work performed and materials furnished to said premises or the principal structure located thereon shall meet or exceed all City ordinances, regulations and standards. All storage shall be confined within the existing structure. The principal structure on said premises shall be connected to sanitary sewer and municipal water systems of the City" prior to occupancy of the principal structure. For the purpose of assuring to the City that the site and landscaping improvements to be carried out by Kreslins and Baltic are installed and furnished as set forth herein, Kreslins and Baltic shall furnish to the City either a cash deposit, a corporate surety bond approved by the City attorney and naming the City as obligee thereunder, or an irrevocable letter of credit approved_ by the City, an amount equal to-110% of the costs of said improvements as computed by the City Engineers. I -4- 14. It is intended that the premises sha-L.L'be used by Kreslins and Baltic solely as the business office of Baltic, for its finance and insurance operations, which use shall not involve retail traffic on said premises. No part of the premises shall be leased to other persons, firms or corporations, without the prior written consent of the City. 15. For the purpose of insuring compliance with its terms, - the within permit shall be reviewed by the City Council at the first regular Council meeting following the first. anniversary date of the permit. 16. The establishment, maintenance and operation of the proposed use shall not be detrimental to or endanger the public health, safety, or general welfare. 17. The use shall not be injurious to the use. and enjoyment of other property, and shall not operate to diminish or impair property values within the immediate vicinity. 18. No vested right or interest under the Chanhassen Zoning Ordinance or this agreement is granted to Cermak, Kreslins, or Baltic ,to use said premises in a manner other than. as set forth herein; and the City reserves the right to revoke for cause the within non -conforming use permit for any violation thereof upon fifteen (15) days' mailed notice of hearing given to Cermak, Kreslins, and Baltic. 19. Unless terminated by the provisions of §3(18) above or by §20.03, Restoration, of the Chanhassen Zoning Ordinance, this permit and the non -conforming use granted hereby shall terminate on February 28, 2002, on which date the use of the premises shall conform in all respects to the then existing zoning in force with respect to said premises. 20. Forthwith, upon invoicing therefor, Kreslins and Baltic shall reimburse the City for all costs, including reasonable engineering, legal, planning and administrative expenses, incurred by the City in connection with all matters relating to the preparation of this permit, the administration and enforcement of the within agreement, and the performance thereof by Kreslins and Baltic; said costs to be -inclusive of all reasonable City legal expense and suit costs incurred by the City in the defense of the within permit in any litigation instituted by third persons." The City is hereby given.the right to specially assess said costs as a lien against the premises, collectible alongwith the general ad valorem taxes payable thereon. 21. Upon execution of this agreement by all parties, the City shall dismiss without prejudice the pending litigation- against.Cermak. 22. This agreement shall be binding.upon the parties hereto, and their respective heirs, personal representatives, successors and assigns. -5- E 23. For the purpose of giving any notice hereunder, and unless otherwise provided by the respective parties, all notices and communications to any of them shall be addressed as follows: To the City: ,' City of Chanhassen 7610 Laredo Drive Chanhassen, MN 55317 Attn: City Manager To Cermak: George A. Cermak To Kreslins: Hary T. Kreslins x c i� t, s ohm MA✓ S" 301 To Baltic: The Baltic Corporation .4 S/ o IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed the day and year herein Bove set forth. Kreslins CITY OF CHAN By Attest: City THE BALTIC CORPORATION Mar Anne Cermak Ladislav A. Cermak I STATE OF MINNESOTA ) ss. COUNTY OF CARVER ) RHL 7/16/79 k. On this AT64 day of �{ ��,< ; , 1979, before me, a notary public within and for said county, p'erso anan lly appeared Walter Hobbs and Donald W. Ashworth, to me personally known, who, being by me duly sworn, did say -that they are respectively the Mayor and City Manager.of the City of Chanhassen named in the foregoing instrument, and that said instrument was signed and sealed in behalf of said corporation by author- ity of its City Council, and said Walter Hobbs and Donald W. Ashworth acknowledged said instrument to be.the free act and deed of said corporation. i otA•v Pub.tic STATE OF MINNESOTA ) b;, KAREN J. ENGELHARDT ss. + + NOTARY PUBLIC - MINNESOTA COUNTY OF CARVER COUNTY � My Commissior: E:,;;.ras Oct. lt, t985 On this 0?.5 day of _/G�CcrR 1979, before me,- a notary public within nd for said county, personally appeared �ec and to me personally known, who, being by me duly sworn, diq sa that they are respectively the ,c`si�kti and the of The Baltic Corporation, the corporation named in .the foregoing instrument, and that said instrument was signed and sealed in behalf of said corporation by authority of it Board.of Directors, and said �,� ,Sl��(r and �/ - - j f��l�>1., acknowledged said instrument to be the free act and deed of said corporation. 1-7 /11 .STATE OF MINNESOTA ) ss. COUNTY OF } On this j Tday of _ . _%� Lc� 1979 , before me, a notary public�with' nd for said county, personally appeared Hary T. Kreslins and %�F's�r=;ter" Kreslins, husband and wife, to me known to be the persons described in and who executed the foregoing instrumen. and acknowledged that they executed the same as thpir�free_ act and deed MY CnM14I8S10N EXPIRES DEC. 16. 1982 - 7 -- STATE OF MINNESOTA ) ss. COUNTY OF ) F RHL 7/16/79 On this - L--_ day of CL: , 1979, before me, a notary public within and for said county,., ersonally appeared George A. Cermak and Constance Cermak, husband and wife, to me known to be the persons described in and who executed the foregoing instrument and acknowledged that they executed the same as their free act and deed. STATE OF MINNESOTA ) ss. COUNTY OF ) W i L Notary Public / H. L. NEHLS, JR. a yln WARY PURI.iO — MINNESOTA j HENNEPIty :,-Uf�iy My Commission Expires Jan. 24, 1985 ..FV Wud.v�vv+vvrvVaysvrv'*"vV�i7X On this. day of a4C,3.Lu,,.r I q7Q _ hrlf,,,-o mo notary public within and for said E5unty, personally appeared Ladislav A. Cermak and Marie Anne Cermak, husband and wife, to me known to be the persons described in and who executed the foregoing instrument and acknowledged that they executed the same as their fre act and deed. f ce I l F LX-I/V i s Jotary Public ............. H. L. NEWS JR. NOTARY °UFii,- i`E QT `- MY Ccmmission Expires Jan. 24, I995 a �' ✓i'17V7{7 �'� $'7 v V �' V'�9'oYb`Y3 -�'s"7ii777 X i Council :'.eeting Augus 1981 -T- are many questions that the Counciiewould like to be asking staff and I do have a letter from one of the affected people and there are some items in there that I would like to have answers to at that next meeting. Councilwoman Swenson moved to continue the public hearing to August 31, 1981, at which time written comments will be considered. Written comments should be received at the City Office by Friday, August 28. Motion seconded by Councilman Horn. The following voted in favor: Acting Mayor Neveaux, Councilwoman Swenson and Councilman Horn. No nelative votes. Motion carried. CONDITIONAL USE PERMIT REVOCATION PUBLIC HEARING DON HANUS 229 WEST 79TH STREET The purpose of this hearing is to consider the revocation of the Hanus Conditional Use Permit. The sub -committee met with Mr. Hanus last Saturday and felt that some agreement had been reached. Councilwoman Swenson stated that the sub -committee had been assured by Mr. Hanus that he would conform to the agreements that the Council comes up with. Mr. Hanus would like to purchase a 95' x.200' used steel building to be used for storage. Councilwoman Swenson has viewed this building and recommended that if the Council allows this building to be moved in that Mr.- Hanus paint it and that it be maintained and if he doesn't the City will have it done and charge all costs to `:r. fianus. Mr. Hanus will immediately install web screening in.the chain link fence alone the north and south sides of the building. Councilwoman Swenson suggested that trees be planted of an adequate height to screen the new building. A parking area was requested on West 79th Street which the sub -committee did not favor. The sub- committee suggested that Mr. Hanus be permitted to have customer parking along the north side of West 79th Street - Councilman iiorn moved to continue the public hearing until September 21 at which time the Council c.an hear comments and recommendations from staff and the Planning Commission. Motion seconded by Councilwoman Swenson. The following voted in favor: Acting Mayor Neve:aux, Councilwoman Swenson and Councilman Horn. No negative votes. Motion carried. It was decided that the Acting Mayor would not sign the "no parking on West 79th Street" Resolution until after September 21 pending the outcome of the public hearing. BALT_IC CO:;DETIONAL USE PERMIT: The City Attorney discussed the status of this court case. it is pending in Carver County District Court at this time. APPLi:'::iLLEf RED-E-MIX: The City Attorney will prepare a letter on this item for the Council. CO:•1l'REi4i",SIVE PLAN REVISION: Mark Koegler discussed proposed revisions to the plan. 'C!tropolitan Council staff has requested additional information prior to their continuing the ruviuw of Chanhassen's plan. 1. timetable for the adoption of the Official Zoning Ordinance controls. 2. 'rhey have a question about Highway 5. It was shown as a intermediate arterial versus Metropolitan Council's minor arterial. Metro Council staff asked for a r'ViuwaL of that point. 3. Ad-_'itional information on M. A. Gedney Company sewage discharge. connecting Bryant Lake in Eden Prairie to the Minnesota Valley National .�L1dLi.ie Refuge. .Additional narrative on a description of controls and regulations or what the City feuls with regard to natural resource protection. Councilman Horn moved to table action on the Comprehensive Plan review until such time as . more definitive staff report is forthcoming and instruct the consultant to proceed The Baltic Corporamon Baltic Building 2540 Orchard Lane Excelsior, MN. 55331 JtuZe _.! , 1981 Russell H. Larson Chanhassen City Attorney Larsen & Mrr tz 1900 First rank Place >'est .4mc-apolis, Minnesota 5540,9 This is in response to your June 1, 1981 letter. :pease let assure everyone that we have been trying to compl; and will comply with the completion of our landscaping. There -�_eLaL to be a certain amoiiz� It of confusion a:-; to what is required for completion of the :1_:indscaping. In your June lL t letter and numerous previous l.:tters, you are referring to Exhibit "A" as the site and landsca, ;e plan. This is not the final plan as a number of changes were incorporateci in this plan. The main r,hange was the drivuway at first. The City prpposed that the Iriveway be ohanged and moved further to the south which was indicated in yovz, original Exhibit "All attached to your June 1st setter. However, after this in°titial exhibit, the drive- way was changed back to its on ;final position which # of course, then changed the layout of the .; . arking lot as 11 the, land- scaping involved. There was also a considerable amount of di_­euL;sion .-ith 'l:c City and the neighbors pertaining to the removal of the 1:,rgt: apple tree that is e.=-cel ent screening and would be shs:.-:� to remove such; a beau4iful -e ;after it has been there for zv.­: 20 years, By leaving the large apple tree -stand. — is, it cut down the nurber of Black Hill Spruce fro, : 10 to 7 which .. a planted. We are ::;.o, in the process of hR the dumpste;, inclosed. Also, the remaining s+chrubbery will be pl�nt d within the next 30 days, time and weather permitting by the landscaper involve, . continues) JUN 9 1981 CITY OF CHANHASSEN 10 -2- th+e Exhibit "A: was c::anged substantially and as stated before, we are trying to comply in completing the improvements on this properLy-, it might be weld. for so- ,one such Don Asp orth or someone eiso to come out so we c, ,l physically waU the grounds and come to a mutually a 1 J..-Ian. THE BAZTIC CORPORATION Hary T. Kreslins President cc: Don Ashworth, City Manager City of "banh-assen 7610 Laredo Drive C°hani:a T �9a, Minnesota 55517 cc: James A. Walker, Bond Supervisor Tr-,-� - mica Insurnnce Company ". ©. x 27288 M 11 Us, Minnesota 55427 HTK /' RUSSELL H. LARSON CRAIG M. MERTZ OF COUNSEL HARVEY E. SKAAR MARK C. MCCULLOUGH Hary T. Kreslins 21965 Minnetonka Blvd Excelsior MN 55331 LARSON & MERTZ ATTORNEYS AT LAW 1900 FIRST BANK PLACE WEST MINNEAPOLIS, MINNESOTA 55402 June 1, 1981 04\ . TELEPHONE (612) 335-9565 The Baltic Corporation 2540 Orchard Lane Excelsior MN 55331 CERTIFIED MAIL RETURN RECEIPT REQUESTED Re: City of Chanhassen v. Hary T. Kreslins\ The Baltic Corporation and Transamerica Insurance Company Gentlemen: On September 15, 1980, each of you were served with the Summons and Complaint in the above lawsuit which involves your non-compliance with the terms of the Non -Conforming Use Per ' entered into on August 10, 1979 for your use of the former Cermak property as your business office. Your bonding company, Transamerica Insurance Company, was also served in this case. Because of the latene-as-of the planting season and at your request 'and that of Transamerica, this office granted to you an extension of time within which to file your written answer to'the_complaint, relying on your assurances that the work called for under the permit would be done. Recent inspection of the premises discloses that there are serious shortcomings in your compliance with the permit. In particular, we refer you to the following specific plans and specifications: a) Roberts Architects Site Plan/Landscape Plan as revised May 25, 1979 (Exhibit A of the permit); b) Plant screenings as required under Section 3, subsection 1 of said permit (Baltic Screening Plan, dated April 10, 1980 by City Tree Inspector). In addition, we refer you to the attached report, dated May 27, 1981, from the City Tree Inspector to this office. As you will note from the above, the bulk of the work required under the permit has not been done. We refer in particular to the plantings, seeding and sodding, and driveway improvements required by Hary T. Kreslins The Baltic Corporation June 1, 1981 Page Two* the site plan/landscape plan and the permit and the deficiencies in the screen planting as noted in the City Tree Inspector's report of May 27, 1981. Additionally, the dumpster located at the north side of the parking area is to be screened from view from Orchard Lane. Under these circumstances, demand is hereby made upon you to serve upon this office written legal answer to the summons and complaint within 10 days from the date of this letter. You are urged to refer this matter to your attorney immediately for preparation of the necessary answer. If you fail to comply with this demand, a default judgment will be entered against you er County District Court. ' 7ery rul RUSSELL H. LARSON Chanhassen City Attorney RHL:ner enc cc: Don Ashworth, City Manager James A. Walker, Bond Supervisor Transamerica Insurance Company PO Box 27288 Minneapolis, MN 56427- RECEIVED JUN 21981 CITY OF CHANHASSEN 1 � �s CITY OF 7610 LAREDO DRIVEeP.O. BOX 1479CHANHASSEN, MINNESOTA 55317 (612) 474-8885 TO: FROM: DATE: SUBJ: City Attorney, Tree Inspector, May 27, 1981 Russell H. Larson Doug Mitchell Baltic Corp. Screening Project An inspection of the south side of the Baltic property on May 27, 1981, has revealed the following differences from the planting plan that was described in the April 10, 1980 memorandum to Bob Waibel: 1) Only 7 of the 10 Black Hills Spruce have been planted. Two more were planned for the west end and one more was planned for east of the spruce that have been planted. In addition, one spruce has failed to survive. 2) The Black Hills Spruce that have been planted are generally slightly smaller than what was suggested. 3) An apple tree was not removed as suggested to allow for,. planting of two spruce and two -three honeysuckles near the southwest property corner. 4) At least 19 of the honeysuckles that were planted are not Zabel Honeysuckles as were suggested'on the plant list. The 19 appear to be Tatarian Honeysuckle and have been identified with orange ribbon. 5) A number of honeysuckles were not planted as staked. (See planting plan). 6) The honeysuckles are generally smaller than what was suggested in the plant list. .4.4 DM:ner RUSSELL H. LARSON CRAIG M. MERTZ OF COUNSEL HARVEY E.SKAAR MARK C. MCCULLOUGH LARSON & MERTZ ATTORNEYS AT LAW 1900 FIRST NATIONAL BANK BUILDING MINNEAPOLIS, MINNESOTA 55402 Lon Holthe Vice President The Baltic Corporation 21965 Minnetonka Blvd Excelsior MN 55331 Dear Mr. Holthe: February 13, 1980 ,V I CERTIFIED TELEPHONE (612) 335-9565 -7+ MAI This office represents the City of Chanhassen. I am writing to you concerning the terms of your company's nonconforming use permit for the former Cermak property. The members of the City Council have received various citizen complaints that truck parking has been occurring on the property in violation of Section 3 (7) of the permit. The last reported violation that has been called to my attention concerned a report that two semi -tractors were parked on the premises late in the afternoon of February llth. It is my hope that you take the necessary remedial action, so that no further complaints are received. If, however, the situation continues, my instructions are to commence legal proceedings to force the contract. You should be aware that such proceedings would be commenced at your expense as provided in Section 3 (20) which provides for the recovery of the City's legal costs in enforcing or administering the permit. It has also been called to my attention that your company is permitting automobile parking on the site in areas other than the approved parking lot areas. This also should be remedied unless you have some short-term hardship reason for parking automobiles on the south side of the building. Very truly yours, C,/ ` i ' CRAIG M. MERTZ Assistant Chanhassen City Attorney CMM:ner cc Council Members Donald W. Ashworth CITY";�F CHANHASS N 7610 LAREDO DRIVEeP.O. BOX 1470CHANHASSEN, MINNESOTA 55317 (612) 474-888.1 MEMORANDUM TQ: Councilman, John Neveaux FROM: Building Inspector, Jerry Schlenk DATE: February 12, 1980 SUBJ: Baltic CC - 2- J5 -1G Since our conversation on February 7, 1980, I have asked the police department to check the Baltic parking lot for the parking of semi - tractors day and night and -to report to the city hall all instances of truck parking violations. cc: Don Ashworth-rr, . zmx;V az/- Sgt. Anding_Y Baltic �;• ,� #' 'ililr�- ' :� .�: . 'ram ���`�'"z'�. -�*. � �•"`ts�.. c ; ---+,.,.2.J-�..'+„•v..�-.q..w-..-.vp�+,.,+-�rrn^�,v.+.ar^+.�,.»;r.!,�.aR�+w�S..Wit'!x�.,,.,,�.*ex:aa"�v.�'°�"1+,...e'r!"""'; : - ...,,.:^,�,0+f:^ta�^,^*^^^^.F.. . _ -�^ ..Y,.�..�,�,p.•r<+,.^n•�+t.� ...