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EDA 1994 10 20FILE COPY AGENDA HOUSING AND REDEVELOPMENT ~~b-~Y THURSDAY, OCTOBER 20, 1994, 7:30 P.M. CHANHASSEN CITY HALL,//90 COULTER DRIVE CALL TO ORDER APPROVAL OF MINUTES 1. Approval of September 22, 1994 Minutes. VISITOR PRESENTATIONS Anyone wishing to address the lIRA may do so at this time. PUBLIC HEARING 2. Public Hearing Regarding the land Sale of Outlot B, Retail Addition- OLD BUSINESS Consider Modif3ring the Redevelopnmat A~t with Ryan Con--on on Outlot B, Retail Addition. NEW BUSINESS 4. Review Architectural Style of Perkins and Taco Bell 5. Consider Approval of the 1995 Budget. 6. Update on Pedestrian Bridge. 7. Consider Approval of a Purchase Agreement for the Senior Housing Site. 8. Review Cash Basis for Hanus, Przymus and Pauly's. 9. Approval of Bills. HRA PRESENTATIONS CHANHASSEN HOUSING AND REDEVELOPMENT AUTHORITY REGULAR MEETING SEPTEMBER 22, 1994 Chairman Boyle called the meeting to order at 7:30 p.m. MEMBERS PRE~ENT: Don ~ Mike Mason, Gsry Boyle, Charlie Robbi_'-~ and Jun Bohn STAFF PRESENT; Todd Gerhardt, Asst. Executive Director APPROVAL OF MINUTES: Chh'del moved, Mason seconded to approve the Minutes of the Housing and Redevelopment Authority meeting dated June 23, 1994 as presented. All voted in favor, except Robbins who abstained, and the motion carried. Mason moved, Bohn seconded to approve the Minutes of the Housing and Redevelopment Authority meeting dated July 21, 1994 as presented. Ail voted in favor, except Robbins who abstained, and the motion carried. VISITOR PRESENTATIONS: None. IJ'PDA~ ON SENIOR HOUSING. Ger~dt: Just a quick update. Staff has been working with Mr. Demi JohnP. on in trying to enter into some option agreement on the piece of land along ~ Boulevard. We've come to agreement on what we ~inir is a purc~ price of about $100,000.00. He is also interested in coming in and looicing at the site plan and eliminating his rental properties them and coming in with owner occupied townhouses with a range of about $150,000.00 to $175,000.00. Boyle: Todd, where is the property? I'm sorry. Gerhardt: h's located, you know where the new townhouses are behind By, fly's? Boyle: Yes. Gerhardt: Okay. If you go down Kerber Blvd to the new road that was cut in just on the north side of the apamn~t boildlngs. Boyle: The gray ones7 Okay. I know where you're at Housing and Redevelopment Authority - September 22, 1994 Gerhardt: Okay. It would be, fight where that new road is cut in... Bohn: Northwest comer. Gerhardt: That's one of the sites that kind of stood out. It's a nice level walking path to take you over to the Byerly's and City Hall. There's a model ups~irs. Boyle: No, that's okay. I was just curious. Chmiel: Yeah, you should get it. I thiuk it would be a good idea. I tbi,~k it gives you a little better visual. Bohn: You know to me, the more I think about it, that's probably the best location for that senior housing. Chmiel: I've received a letter, unsigned but said representing several seniors indica~Jn§ that it would be a good site. Mason: I've had some coll.~ to the aff'mnative on that too. Boyle: Have you really, good. Mason: Yeah. I really have. They're pretty up on that. Bohn: One woman, and I can't think of what her name is. She lives out in Santa Vera I think or one of those Santa, one of those right over there. She was at the meeting, and I ran into her at a going away party for somebody and she was telling me that she thought it was the best site too. Gerhardt: This is Santa Vera and this is Kerber. The rental apartments sit over here. Holding ponds are down in this area. Boyle: Oh this is up on the hill? Chrniel: Yeah. Boyle: The old Kerber farm fight? Gerhardt: Yeah. Housing and Redevelopment Authafity - Seplember 22, 1994 Boyle: Okay. Mason: I would think the people across from Oak Ponds would be fairly pleased with this. Boyle: Is that a 3 story? C.~'hardt: It's 3 story and another fourth story with like a walkout. Robbins: Todd, just a general question with regard to the word senior. If we allow it W use the senior, will it be restricted for 55 or older or where does that come into play in terms of senior AARP or whatever it's going to be m~xxi at? Are we allowed to do that? Gerhardt: As far as I know we Mason: We are. Robbins: Because I know when we were involved with the Heritage Aparmmats, those were originally "senior" and that slru~ changed. I would just ask, will this come under the same philosophy? Gerhardt: No. This is a completely different financing package than what the Heritage Apartments are. This is where the city would look at selling essential revenue bonds for it so we would finance it publically through the city or the HRA, the bonding authority. The benefits of doing that is going to save probably 1-1 1/2% interest nnd that makes a dramatic difference in rent levels in feeding those rates like that. Robbins: Asking the question the other way, if you have a person that's a non senior who applies, will we mn into a problem ff they're not, ff they're mined down or if they don't q~sllf-y or whatever that comes into play? Gerhardt: There will be probably a set of regulations that the city and the HRA will have go along with and there will probably have to be a set of regulations of how you market the thing and some rules go along with the bond sale. Those specifics I can't answer umight Mason: I wonder if we can look into that before that meeting on the 3rd. I mean just ~ee what other. Robbins: Because you just don't want to raise uouble before you want to have trouble raised. If you know the answers... Housing and Redevelopment Authority - September 22, 1994 Mason: Yeah, and I just wonder what other senior housing developments do. What their rules and regs are. Robbins: The one I'm thinking of is like the Friendship Village and a few others where, I mean it specifically is, they've stated for 55 and older. How they do that when they buy there. See those are actually, well they're not condos either. Those are almost a forever lease but it does not use "assistance" from Bloomington. I mean it is a private entity and if it comes under our public funds, you might run into a problem by calling it for seniors only. I just bring it up. You just want to have it here. Chrniel: I think that Todd just sort of hit a little bit on that when he was talking. When you're going out and bonding for this, I think we will specifically have to have reguhtions as to who and what can be admitted inw this facility. It's being built strictly for senior housing. And that's what it really boris down to and I think that's, the age is another factor there and I'm not sure if it should be $5 or if it should be, I think you can't be discriminatory of a senior, depending where it goes. Robbins: Now where does that come into play? I don't know the answer. pond is, I'm going to have to move there. I lived where that Boyle: You might not qualify Charlie. Todd, who's going to manage the property, do we know at this time? Gerhardt: We do not know. We will be, that's what we're going to ask at our October 3rd meeting at 5:30 p.m. and we're going to meet with City Council. You're more than welcome to be at that meeting. The HRA is invited. What we're going to do is try to set up RFP's for...Two, to...for the management of the facility and then working out the details for the bond sale...because when you sell bonds like that, you're going to have to have information in place. Your market studies need to be updated. Projections for...so there needs a whole list of items that need to be prepared but those two are...The third one would be the amhitecture. So how would we, we'll bring in several firms that have a lot of experience with senior housing management An architect firm that has built a minimum number of housing projects and units in the Minnesota are~ And bring people in for... Bohn: That Heritage Park Apartments, how many apartments in there were subsidized? Not one of them has got a senior living in it. Gerhardt: ...senior projects and we're kind of following in their footsteps. We've worked with Springsted, our bonding consultants, who have sold bonds similar to this. They've come in and talked to the City Council at their last...meeting and Jim was at that one. Dakota Housing and Redevelopment Authority - Septrmber 22, 1994 County was very impressed, or had a couple of fairly successful projects that returned tax dollars back to the county... This project would be publically owned but it will pay taxes and it gives a lot of controls back to the city. Programming, subsidies. It gives you the whole gambit of how you want to...just gives you the whole control over the whole operation. Boyle: Any other questions regarding senior housing? Gerhs?dt: Just a reminder. October 3rd at 5:30. That will be to...RFP's proposals. Chrniel: October 3rd? Gerhardt: October 3rd at 5:30. Bohn: Are you going to send a notice out or anything? Cmrhardt: There probably will be a packet CAuniel: Didn't we have someihing else on October 3rd? I don't have nnything in here. Mason: That has nothing to do with lIRA. I was just curious if yon reme~. CONSIDER APPROVAL OF T~F, JAM TrLE , Boyle: Todd, do you want to make any opening conmm~ts on that? Get, t: Well it's interesting thnt we bring back seltlen~nt at the time we certify specials on the properties. In talking to Charlie...few years trying to come to this stage and we're tinnily getting something on a piece of paper that he's ngreed to and so we feel that the development agreement attached is one that is fair. It treats everybody with respect and it recognizes that certain things that were done that lays out n fair {xmxpen~ for Mr. Jnmes. He had a development that was npiaroved under our ordinnnces...with planning and activities that occurred in Chanlmsen and Target it changed the road ~ $o with that we dramatically, we elimina~ his project In most cases, some people would...sue the city. But we had a reason why we did that and that was because of the'frontage road on the west side of County Road 17, so we did impact that. That was a very kc'y element in how that road got that this settlement is in line. Boyle: Charlie, do you have any questions or comments? Housing and Redevelopment Authority - September 22, 1994 Robbins: Yes I do. With regards to the settlernent on the documents that we had looked at with the settlement from the atwmey. It says the settlement valuation coming up to the 134 or 138, wherever the dollar sign. Assuming that that's in line, does this mean then that, just by the word settlement, does this mean that the thing is settled finally or is there still anything that could be outstanding and come back to haunt us later on? Gerhardt: No. I should update you a little bit here. There was the award as far as condemnation. He was awarded money at that time and this is to make final compensation for that and they take the lowest of the appraisals and...we added the additional $194,000.00 in special assessments to that. Assuming the outstanding species on the remaining lots that Mr. James owns to the west of Byerly's,...if he did that, he would not pursue this any further. There was...We're kind of under the gun with them because they're already making representation to us that they're not going to be able to meet the obligation of the redevelopment agreement for Perkins and Taco Bell. I think...which is not the case so we need to take action on this settlement to move this whole project ahead. To delay it, that just gives Ryan another opportunity or another excuse that we are trying W... Robbins: So back to the question then. By the nature of the word settlement, this is a settlement. I mean this is a final because...Quit Claims I see those daily in the business I'm in, Quit Claims all it's doing is getting the rifle out of there. That doesn't mean you can't come back later on. But that does take care of it so this settlement agreement has been drafted and it alleviates any of the funds to be or anything, for whatever reason he cannot come back later on to us and ask for more money because the value of the property has again changed. C~rhardt: Right, he cannot and he will not. Robbins: Okay. Then I don't have a question. Boyle: Todd if somebody, assumes Perkins wants public assistance in conjunction with ownership and yet James is saying he agrees not to seek requests or apply for any public financial assistancc in conjunction with ownership but ff somebody else comes in there, can they come back then for public assistance? If winnin§, for example. Gerhardt: I guess everybody can come back. I would, typically what I tell some people. A good example is the Press property. The land behind the Press. That laud was in a tax increment district. People ask for assistance and when the district collapsed and we explained to them that that property got assistance. That when Mr. Beddor came in he used tax increment to...public improvements in that area. So in this case...we would tell him that he Housing and Redevelopment Authority - September 22, 1994 already got assistance and so did Mr..lames. If they're not satisfied with that, I guess they always have the right to come before you and ask for... Bohn: We're not obliga~! to give it. Boyle: No, but it could create a hinderance in the future. Gerhardt: I think that Mr. James is going to ult/ms~l.y own the land over there. That if he tries to enter into lease a/~eements and capture the revenue off of those, he doesn't dispose of his properS. He tries to retain it as the investor. Boyle: Paragraph 3, page 4. It says HRA acknowledges that lames had previously received city approval for a retail gasoline sales use on Lot 1, Block 2. What does that mean f~r the future? Does that approval still sUmd or at some point in time can he still come back and say I want to put a gas station on that property? Chrniel: Maybe I can answer that. Todd, I had discussions with Ashworth last wee2, Thursday and we talked with Gary Fuchs. Gary has not provided an item number 3 much different than what it reads here. It sort of gives us a way of weaselhg out and saying what we did agree to at that time and there's words contained in there that will rectify that problem. Because I too, one of my concerns and Mike has got his too. C, er~t: That section shouldn't be in this one. There are two settlement agreements. There's one for the HRA which basically deals with the money side of it and then there's another one going to City Council on Monday night that deals with more or less, what I'll say is the ordinance side of it. Chmiel: But both of those clarifications should I think be in here. And I'd like tlmt to be put in this one as well. Boyle: But with the two agreements, does one cause the other? Gerhardt: No. They're. Boyle: Stand alone agreements? Gerhardt: Yes. One deah with dty business and then one deals ~ HRA business. Like you have no authority to grant him and say that, he had a gasoline...use for the property. That can only be granted by the City Council And all he's looking for is that he just wan~s to be recognized that he did have gasoline there at one time because for some reason in his Housing and Redevelopment Authority - September 22, 1994 mind he felt that somebody told him he never did have that fight He is just in his own mind wants to feel comfortable that he did have that at one time. Staff isn't disputing that. City Council hasn't disputed that and the City Attorney is telling us that you're not legally binding yourself to saying anytt~g you did have or didn't have. $o if he wants it in the agreement, and that will get this thing settled, there it is. Boyle: Jim, did you have any comments? Bohn: No. Boyle: Don, anything further7 Chrniel: No. That's the only thing I had. Boyle: Mike7 Mason: That was the only thing I had. Boyle: So the next step would be to ask for a motion to approve. However, I think it would have to be approved Todd with amending paragraph 3. Excuse me, go ahead Charlie. Robbins: The thought is to have a motion with conditions on it for modifying anything where the HRA was not involved. Now we've seen paragraph 3 that's not an HRA item There might be other items in there that are non HRA rehted which were, for lack of a word, we're not knowledgeable of. Boyle: Would you make that motion for us Charlie? Robbins: Sure, I'll make a motion. I will move on the motion to accept the contract but with the restriction, or with the modification that the contract of anything HRA related. I'm sorry, non-HRA related be stricken and that come under the contracts with the City Council as opposed to HR. Boyle: May I have a second? Mason: Sure. Robbins moved, Mason seconded that the HRA approve the Settlement Agreement with the T.F. James Company with the modification that any non. HRA related condition be Housing and Redevelopment Authority - $~_1~ 22, 1994 stricken and come under the contracts with the City Council as oPlxMmd to HRA. AH voted in favor and the motion CaFFied. Geflmrdt: At our last meeting this item was mistakenly omitted from the packet At this time staff would just briefly like to go through some of the things that the HRA has !_,iO out for goals this year and where we are to date. Landscaping plans, beauti~cation plans for TH 101 and Highway 5 and Red-E-Mix. We had Mike Schroeder come in and make a presentation to the HRA regarding CR 17, Highway 5 into'section, Gmit Plains, or MarkL'i and Highway intersection and the both Red-E-Mix and Taco Shop ~on W put plants up here~ He made that presentation. Some of the concerns hrou~t up at the liRA that time were maintenance and cost. Those,. and we umk that plan on to CRy Council and they made the seine comments that you had. 'Fney wcrc a lie. lc taken back by some of the costs and main~ and some of thc direction that they gave was to look at trying to bring costs down and to make this a little more main~cc fi/cndly environment far our public works $chrocdcr end see with our equipment and how best to hy out this property so we can get in there with a mower and mow it fairly quickly. And thc snow removal and how best to lay that out. They should have met either this week or last week and I have...on how that meeting came out but that's where wc arc fight now. I would expect ~g beck in the next couple of months... Any questions? Robbins: Yes. lust a statement. Not a question. Who's allowing dmnping of the cars beck there? There's several vehicles that were smashed up that you can see from TH 5. What's the status of that? ~t: The cars have been removed. Thc cars were placed there as a part of the Hanus remodeling project. Wc put in a pe~king lot and landsce~ng trcauncnts that went into that area. They've got a repair area and they had some cars that were in the way so they set them over there at their own will, thek own risk and some local kids vandalized the cars. They have submitted a claim to us. We sent that ohm the in~ttrallge ~y and we're taking the position that they did it at their own risk. So those cars have been moved back onto their lxopm~ and, or towed. Mason: Was that submiued to HRA or to the City? Gerhardt: It's a blanket coverage we have. Mason: Why are we responsible? Housing and Redevelopment Authority - September 22, 1994 Robbins: We're not involved at all with that property. Crerhardt: The cars were on our property and he is contending that he was forced to move his cars over there and we disagreed with him. You can file a claim on anything these days so. The insurance company is more than likely going to fight it because they don't see any liability... He moved them over there physically by himself. Chmiel: Were any of those cars licensed properly? Robbins: Two of them were burned. Chrniel: No, I mean licensed with license plates with an updated license plate. Gerhardt: There were a couple that were not and he contended the other two he had licenses...and supposedly somebody stole one too. Chmiel: The Sheriff office pursuing that too? Gerhardt: There has been a claim, or a report filed with the Sheriff's office and I sent that on over to the insurance company. Boyle: Any other questions on landscaping? Okay, Todd. Gerhardt: The second one was the continuing to market the remaining land on West 79th Street... We've met with the planners to sit down and really look at what's best for this piece of property as part of the vision. Things like that. It was a possible senior housing site. There have been other questions. Maybe a hotel and things like that but what the planning staff is coming up with is they thought there's going to be a greater need for more additional strip retail and that maybe some auto related uses go along with it. Boyle: Mike's idea. Mason: Oh, that will go over big. Gerhardt: That you look at more of a multi-tenant type of arrangement there. Mason: Now that's even with the proposed entertainment retail complex, movie theater. Gerhardt: No, this is separate. 10 Housing and Redevelopment Authority - September 22, 1994 Mason: Well I know but this is in addition to the city is still saying we need more retail Gerhardt: ...we had a dance studio that had a real diffiodt time ~indlng space in ~own. Right now there's not a lot of retail space available. If you look around, Market Square's full Charlie ~an~ supposedly has his all leased out. Town Square is ~sed. Even Colonial Center now is fully leased. Total Mart over behind the Legion's fully leased. And so there's just no space available. You have some local people that want to expand and do some other things that we really don't have the oppommity for them fight now. Mason: What's Charlie have, do you know? Can you say? Gerhardt: He has Kinko's Copying and I heard Paper Warchouse or a Hirschficld's. (There was a tape change at this point in the discussion.) Boyle: Okay Todd, that brings us right up to the trail system. From downtown following the railroad tracks to Lake Susan Park. Gerhardt: I know this is Jim's goal on here and I think we keep running into road blocks every time we talk about it. Now Todd H~ is taking a strong stand that he will not reconunend supporting the trail that would go next to the railroad uack~ He just doe~'t think it's a safe situation for children and things like that. Bohn: Even with a 10 foot chainlink fence? Gerhardt: Even with the fence. He doesn't like the mix of children and railroad uacks. He just wouldn't support iL Boyle: Jim, maybe you and Todd can chat on that. I'm sorry Don, did you have any comments on that? Chmiel: No, I have nothing. Boyle: Todd, did you have anything else in regards to goals? Gerhardt: No, that's it. Boyle: Do we need to get an update on '94 goah? Gerhardt: No motion needs w be taken... 11 Housing and Redevelopment Authority - September 22, 1994 Boyle: Okay. Before we go into new business, I'd like to recognize a visitor that has arrived and before we move on Steve, if you have any questions or presentations you'd like to give to I-IRA, you're welcome to at this time. Steve: Thank you. No, I don't know. I'm just really here just trying to get educated. Boyle: We all are. Thank you. Glad to have you. Okay, that brings us onto new business. REVIEW 1995 BUDGET PROPOSAL. Gerhardt: ...went through the budget and typically what we do is we take the months of September and October to start thinking about projects and ideas of what you want to see accomplished. Most of your projects are the West 78th Street upgrade and the Hanus facility remodeling and a lot of those projects aren't contained in your operational part of your budget. And attached is the 1994 budget to give you some ideas. You have an extensive staff that other than me and Don, that helps you in operating this tax increment district. The plans play a key role in making sure that a lot of the developments meet the planning aspect that you wanted to see with the pedestrian orientation, the style. Architectural style in roofing that goes along with the landscaping. 3ust the administration part of the finance department and you do have a good percentage of city staff assisting with this operation. Some of the other projects that you may want to start thinking about, I tbin~ you phyed a part of the September festival or the February Festival this last year with the fireworks. That was...for a first time program. It looks like the City Council will probably support that project again this year and Todd will probably submit another request of the I-IRA to fund the fireworks again for that one. I've been getting a lot of compliments on the banners in the downtown. We're trying W, one of thc things you may want to look at is corning up with a seasonal banner. Spring, summer, fall type banner that goes along with that. I think the boulevard area is really blossoming with the...looks kind of nice. The banners really add a little pizzazz and color to the downtown. My wife likes color so whenever you add color, she likes that. So that's what we're trying to accomplish with the banners is to provide a little more color and interest to the downtown. Bohn: How about Christmas tree lights7 Gerhardt: That could be another thing. That's one of the things that. Bohn: They weren't very good the last few years. Gerhardt: Well last year we were in the middle of the West 78th Street project so...electrical wasn't available for it...But I've been assured by Mike Wegler that there's more than enough 12 Housing and Redevelopment Authority - Sep~bcr 22, 1994 electricity to light it up and he's going to do that again this year and one of the other things we were thinking about doing .was s~d_dlng some of the garland to the light posts. Have some lights and bells that go on there like that to give it more of a festive type of look. Ot ff that's something that you want to try to... But that's basically what this general opcrafi~ budgct is for. It's you guys that come up with the projects and ideas like that to make the downtown a little more interesting. Boyle: Do you recall what the fireworks was last year~ What it cost? Gexhardt: I think it was around $5,000.00... Robbins: Todd, on the bann~ I recall about 2 or 3 years ago, or 4 years ago we had banners we had started to look at them then. Bohn: We did get some. We do have some. Robbins: We had allocated the money at that time. I thought we had allocated quite a bit to buy a lot of banners. At that time, which would have been 2 or 3 years ago. Bolm: Those were Chris~ banners weren't they? Robbins: I think it was more seasons where we had some ~rou~o~ the year. Gerhardt: What we have right now the Christmas banner and you're right Charile, it was a larger amount allocated at that time. What we also had to do at that time was buy the brackets. The banners are fairly inexpcn~ve. It's the brackets that they make the money on and you can save more money I think with $2,500.00 1 think we saved by going through the Jon...in Chaska and having them manufacture thc hmc, kets for us. They're a local firm so we kept it local and it was, if you look at those brackets out there, they're heavy duty and they're easier to put up and take down...also had some custom brackets. The square brackets that go along the pipes, is some of their own manufa~ .. so you did save some money there. Right now what you have in inventory for banners is you have the winter banners, Christmas banners. We have what is out there right now it's called the ca__tts__ils and also have the February Festival banners. Bohn: You don't have any spring or suffmier. (3erharclt: No. Boyle: Todd, what is promotional expense? 13 Housing and Redevelopment Authority - September 22, 1994 Gerhardt: Promotional expense is typically those dollars that went to the fireworks. Boyle: Okay, that stuff comes out of that. Gerhardt: And the rest of it goes over to the Rotary for putting on the 4th of July picnic. Where we give out the hotdogs... Boyle: $10,000.007 That's 5 for the fireworks and 5 for the 4th of July or something? Robbins: Why would the HRA fund the Rotary? Gerhardt: When we first started this picnic thing, city staff volunteered it's time to put it on and it got to be too much. It ended up to be too big so what we did was, and it was a real question of people wanting to be paid instead of volun~g and things like that. It was a real question of how much we can ~y ask the employees to volunteer for. And so we asked if the Rotary was interested in participating and serving out the hotdogs that we paid for. It was last year they did do that. Then this year we did pay them I think. Chmiel: I think it was $1,500.00 or something. Mason: That's what I remember. Gerhardt: For their labor in serving the hotdogs. Chmiel: Yeah. I didn't agree with that but. Boyle: Todd said, that would not be requested of us next year. That will not happen again. Todd Hoffman did. Gerhardt: The advertising...the picnic would be the last that we do that. ! think the Rotary found out itself that it was a lot of work... Bohn: We won't have a 4th of July? Gerhardt: No..it won't be free. I think the Rotary will take on. Chmiel: Maybe. Maybe yet. Gerhardt: Maybe? But I think we'll charge like a $1.50 for hotdogs. to pay for it. It won't be free. It will be, you'll have 14 Housing and Redevelopment Authority - September 22, 1994 Chn-fiel: What did it cost for total food last year? ~t: I think it was around $2,500.00. Chmiel: You know for $2,500.00, I look at it .nd I thi~k it's hell of a way to bring the community together and I think it's an exc~ent time of the year but more specifically 7uly 4th. I'm not, that's not a dead issue yet with me as far as I'm co~ I think what we're going to do is sec if we can get other volunt~m~. If Rotary doesn't want to take it, and I belong to the Rotary Club and I wasn't too darn happy noting what they did charge. I tMnk they're there to provide a service to the commnnity. At least that's what I in the club for and I don't think we should do things as we did do, and I've already mentioned this to our people. Qedu~t~ Well we we~ I mean Todd and Don and L..do that but we got caught, we didn't expect that it would go through that but we already had it advertised and...open it up to the Lion's or Jaycecs and things like that but it didn't give us enough time for people to prepare for it. If you are still thinking about it, doing it for next year, we need w start planning for it now and getting those people that might want to take it on. If the Rotary isn't interested, or if the Lion's isa't interested, then we may want ~ drop it and open it up to free enterprise. I thln~ that's one of the things that the Rotary had gone with is that's kind of competing with their hotdogs. Boyle: You know other service clubs do such events and contribute money back. A portion of the earnings they make. Not only do they buy all the food and all the pop and all the beer, money that is revenues in the past, other service dubs, have donated money back. They'll pay for the band or the tents or whatever and that can happen. I mean that's the way it should happen in my opinion. Gerhardt: The Rotary did give some money back and they do have a percentage of their sale... Boyle: Okay. Well we discussed that a little bit last meeting mo I think so. Okay, any other questions regarding the 1995 budget7 Gerhardt: This asain is it kecps...~ about what things you want to u'y to accomplish. Bohn: What is for '957 Are we going to be looking at the Post 15 Housing and Redevelopment Authority - September 22, 1994 Gerhardt: As part of the vision process, it's going to continue to look at the land in front of City Hall...The big issue that you're going to probably deal with is the back side of the Dinner Theater. Bohn: Yeah, Vernelle...were going to come to this meeting when I talked to her last month. C-erhardt: Yeah. We met with Vemelle last Thursday to update you on the bowling center... We met with Vernelle and they have taken their concept to the City Council. I think the City Council gave thumbs up on how the proposal looked on paper. However they still want to see more of thc de_to__i]s with the financials and make sure that this is a quality project. We had a meeting with the attorney and the city to start preparing those financial runs and what we need to do now is to get more of a commitment out of the Bloomberg Company and Mr. Dahlen and taking exactly what they're looking at from us. Right now there's some more questions out there of which one of us is going to do the parking lot and things like that. And are they looking at us buying the land or are they going to dedicate the land and so there's some details that we have to get with Bloomberg Companies and I would anticipate a meeting probably sometime next week to discuss those options. Bohn: When are they going to the Planning Commission? Gerhardt: I don't see it going to the Planning Commission for probably until after... Bohn: Has the Planning Commission seen any of this? Gerhardt: Yes. The concept that they presented to you, went to the Planning Commission and the City Council and they gave preliminary approval as to the concept Boyle: So that will be coming back to us: Gerhardt: What we're working on right now is the financial runs and seeing exactly what role you're going to be playing in this. We had some concerns regarding the road that goes back there and how it's...parking lot and how that's going to be done...I would anticipate it would be in the next couple of weeks with Clayton and... ' Bolm: Did they say anymore about the motel or restaurant? Gerhardt: The hotel is being started. There is constructed there in the early pan of November so. Financing is all in place and they're just completing their bids and... Bohn: How about the restaurant? 16 Housing and Redevelopment Authority - September 22, 1994 ~t: That would go .... APPROVAl. OF BILL,5. Boyle: Okay. I'd like to have a motion for approval of the bi~h. Chmiel: $o moved. Boyle: Questions? Robbins: Don, on 7/25/94, payment of $41,055.00 fur Hcrilage. Is that to the apsmmots or to the developer. Items 2 and 3 on the same page. The Skyway Tent and Metro Tent. Was that for the 4th of July celebration? Cm/mrdt: Yes. The Skyway Tent rental was for the 4th of July. h was part of the yearly contribution to that festival... And then as to the Hefi~e Park Apm'tmems. Under that agreement, you give back their tax dollars as a loan and then when you gets to the year 2002, instead of having to repay that back to the HRA...of investing that money back in and getting it back as non-taxable dollars... Robbins: On page 1 of dated 8-22-94. $1,112.44 to S~rgar. I thought we alre~y were using them to be the consultants. Gerhardt: I don't know, I think it was BRW that we were planning to use. Bohn: Yeah, BRW. Robbins: S~gar, I believe I have in that same category. I'm just curious what we're using tbem for is all. Gerhardt: I would think that that one is to, I would think that that had to deal with the Perkins and Taco Bell development. There were questions regarding stacking as they wanted to try to move the entrance closer to West 78th Street and they wanted to see it farther pushed wwards Highway 5 to allow for stocking for cars to make a right hand mm into the Perkins and Taco Bell and they felt that that did not lay out as to the/r site. The traffic tigh~ we had a problem with it so we probably hired Strgar to do a trat~ study analysis on that. Robbins: Okay, why wouldn't the developer pay for that revenue? 17 Housing and Redevelopment Authority - September 22, 1994 Gerhardt: Because we need justification of professionals that justify our requests. In showing that this is the best alternative and how it could work. That's my guess on that one. Ican. Chrnieh Yeah, I think that's right. That's what it was. Boyle: Jim, did you have any question? Bohn: No. Boyle: Mike or Don? Mason: No. Boyle: May I have a second? Mason: Second. Chmiel moved, Mason seconded to approve the bills of the Housing and Redevelopment Authority as presented. All voted in favor and the motion carried. Boyle: The meeting is adjourned. Mason: Well wait a minute. Almost done. I'm going to be out of town on the 20th of October. I'm wondering if we can reschedule HRA for the 13th or the 27th. Boyle: I'm out of town thc 27th. Mason: I'm wondering if we can reschedule HRA for the 13th of October. Boyle: I think I'm in town for the 13th. Does anybody have any problem with the second Thursday of October? Chmiel: Public Safety meeting. Mason: What time is Public Safety? Gerhardt: I don't anticipate a lot of... Mason: Well if there's nothing major, so be it. I guess it's not that big a deal. 18 Housing and Redevelopment Authority - September 22, 1994 Boyle: But we will miss you Mike~ Mason: Well thank you. I'll miss being here too. Bohn: Semi us a postcard. Robbins: In regard to resch~nllng. Maybe this goes into '95 but can we pose a time change of the ~g to 7:00 rather than 7:307 Boyle: I wouldn't have a problem with that. Bohn: I wouldn't either. Gerhardt: I think we can do that in January... Chmiel: The only thing, as I remember, most times that ~ leave it at 7:30 is allowing people enough time to get home. Do what they want to do to get here if they want to attend meetings. But as you can see, we have an awful lot. Robbins: We all live here, what ~ docs it make? Mason: Yeah, the only trouble is in the summer there's an issue for coaching soccer and that kind of thing. Chmiel: And most other meetings that are helit, including Council, are at 7:30. Planning Commission's 7:30 and I think there's trying to be a conaist~cy to that as well Boyle: Mike, would it be okay if I ask for a motion far adjournment now? Robbins moved, Mason seconded to adjourn the meeting, All voted in favor and the motion carried. Submitted by Don Ashworth Executive Director Pr~ar~d by Nann Ophcim 19 CITY OF 690 COULTER DRIVE · RO. BOX 147 · CHANHASSEN, MINNESOTA 55317 (612) g37-1900 · FAX (612) 937-5739 MEMORANDUM Housing and Red~opment Autharlty FROM: Todd Gerha~t, Assistant City Manager DATE: SUBJ: Public Hearing on Land Sale of O=flot B, R~d] Addition to Ryan Ck~stn~aon Under Minnesota Statutes, thc liRA must hold a public hearing whea selling public lands. Thc HRA should open thc public h~ring and r~l .u~ public oomm~t~ ~garding th~ proposed land sale of Outlot B, Retail Addition to Ryan Ckmsuuction ~y (see Attachment #1). After the public has finished their comments, the HR should close the public hearing. ~' "-:~- ~ ..:.=,,. '.': .... H the HRA is in agreement to go ahead With the sale o~ Ouflot B, Retail.' Addition m Ryan Consu'uction Company, I reconunend ~ HRA direct staff ~o establish a dosing dsle. The terms of the private redevelopment a~eement can far Rysn to pay the HRA $4/sq. fi., payable in cash at dosing. The eslimated square footnge'~ 137,214 sq. ft. with a total estimated purchase price of $548,856 (see Attaclmmat ). Attachments " Private Redev .e~._ me. nt Agreement .... ~ .... '":' ':"~-"~ ;1~,~'.- ':.:.,-~ ~.. ~,aiu~J~-" NOTICE OF PUBLIC HEAR~O CHANHAS$~ HOUSING AND RF..DL~VEI~~ AUTHORITy. CiTY OF CHANHASSEN Notice is hereby given that the Chanhassen Housing and ~opment Authority will hold a public hearing on Thursday, ~ 20, 1994 at 7:~0 p.m. The purpose of flg~ heafin~ is ~ consider the disposal of a certain ~ of land w wit: A portion of Chanhassen Retail Addition, Outlot B (see map). Thc ~afi~g is being conducl~ in accordance with ~ provisions of Minnes~a Siam~ Section 469.029. A plan showing the location of the proposal is available for public r~iew at City Hall during regular business hours. All interested persons are invited to attead this public ~afing and express their opinions in regard to this proposal. Todd Oedlardt Assistant Executive Director (Publish in the Chanlu~en Villager on October 6, 1994) PROPOSED LAND 8ALE AREA CONTRACT FOR PRIVATE R~nEV~LOPMENT BY AND BETI~EIq THE HOUSING AND RE~avahOPMENT AUTHORITY IN AND FOR THE ~ OF ~ RYAN CONSTRUCTION CCMPANY OF ]~qI~3TA, INC. This document was drafted by: Holmes & Graven, Cha.-to~od 470 l~buz-y Cente~ ~nne~po:lh, Mlq ~4o2 ~3.10-30 . Section Section 2.1. Section 2.2. Section 3.1. Section 3.2. Section 3.3. Section 3.4. Section 4.1. Section 4.2. Section 4.3. Section 4.4. Section 5.1. Section 5.2. Section 6.1. Section 6.2. Section 6.3. Section 6.4. Section 6.5. Section $. 6. Section 6.7. Section $. 8. SIGNATURES TESTIMONIALS SCHEDULE A TABr.]~ OF CONTENTS ARTICr.~. I Definitions ........................... ARTICLE II Representations and W~tie~ Representations by the Authority ......... , .... 5 Representations by the Redeve~r ............. 6 ARTICLE FrY Sale and ~ of ldmd Status of Propez~ . , ................ · .... 1' Conditions Precedent to. Conve3mnce of Feope~y . , .... 7 Purchase Price . . . . . . . . . . . . . . . . . · . · · .... 8 Closing ....... . . . . . ............ . .... 8 ARTICLE IV Public Assistance Construction of the _~mum Improvements .... , .... 10 Form of Public Assistance ................... 10 Third Restaurant ................... , .... Effect of Subsequent Sale , ...... , . , . . , , ..... 11 ARTICr.~ V Tax Inm~esmnt Tax Increment Certification . . , ............... 12 Real Proper~ Taxes; Speaial Assessments ..... . .... 12 ARTI_CF.1P. VI Additional Equal Employment Opportunity . . , . , ........... Restrictions on Use , ......... , ........... Provisions Not Merged With Deed . . , , . , . . , , , .... Notices and Demands . . . , .... , . , ..... , , .... Disclaimer of Relationships . . . , , . , ........... Covenants Running with the Land . . , . , , . , , . , . . . Modifications .... · ... ...... . ..... . ..... Counterparts .............. , ........... 13 REDEVELOPMENT PROPERTY LEGAL DESCRIPTION ~130-30 CONTRACT FOR PRIVATE THIS AGREEMENT, made on or as of the day of , 1994, by and between THE HOUSING AND REDEVEI~PMENT AUTHORITY 'IN AND FOR THE CITY OF CHANHASSEN (hat~_ -Actor refereed toas the "Authorit~) and RYAN CONSTRUCTION COMPANY OF MINNESOTA, INC., & Minne~ts oorpomtion (he~hu~fter ~ferred to as the "Redevelops"), WITNESSETH: WHEREAS, the Autholdty was ar~~ pul~. ,A,~t to Minnesota Statutes, Sec'tians 469.001-. 047 (the "Act") and was autho~d to t~n~et business and ~xe~e its powers by a resolution of the City Counail of the City of Chaxdla~e~ (he~r the "City") pureuant to Section 469.003 (folly Section 462.425) of the Aot; and WHEREAS, in ~mnoe of the olrJeetivee of the Aot, the Autho~ty has enLmL~ed in cam~h~ out a redevelopment project known as the Redevelopment Plan for the Downtown Cb-,~h--sen Redevelopment ~ (here~mftm, :t, el'~ to as the "Project~) in an az~a (hereinafter l~l'~ to as the ~:rJeet ~") located in the City; and WHEREAS, as of the date of ,MA A~eement there has been pin,red and approved by the Authority and the City Couna~ of the City & ~edevelopment plan for the project (which Plan is he~h~aft~ refereed to as the "~development Plan"); and WHEREAS, in order to finance, in pa~, the public redevelopment ooats of the Project the Authority and City h~ve oreatsd & Tax Inoz~ment Dist~et for the Downtown Ch~l~-~sen Redevelopment ~ (the "Tax Inarmmmt DIS~"); end WHEREAS, there B~A been presented by the .Redev~ to the City and the Authozdty for thei~ consideration a pz~posal for the development of a ~tafl faallity t/~ Project on property located with1- the Tax Inaeem~nt DIS~; and WHEREAS, the Authozdty b-- ~ewed the Redevelope~'s development proposal and has dete_,~~ that such p~x~d fi' completed would ~m. ve to accomplish the Lmm_ ~ and otrJeetivee for which the Project and the Tax Inorement Distr~ot were created; and WHEREAS, in order to achieve the otrJeetlvm of the Redev~~t Plea the Authority wttl aequtre ee~*-~- ~ propet~ in the ~ Area, mo~e l~t~lo~la~lF deserfbed in Schedule A annexed ~ and made a pa.--,t ~ (which pz~pm'ty as so described is he:t~lnaftm' rel'e~ to aa the "Redevel_opment Pl~:~t'ty~) , m:td is prepared to convey the Redevelopment Pl. opm,~ to the Redevelop~ in aed~ to brin~ about redevelopment in aeoordanoe with the Rede~alop~t Plan and th~ and WHEREAS, in o~dor to .~ddeve the objectives of the ~leve]o~msnt Plan the Authority has determined to p~retde aid and asalstanoe to the Radevelol~ment l~rpez~y as hereunder p~vtded; and WHEREAS, the Authority intends to flmd such aid and usls~ by usin~ tax increments generated from the Redevelopment Pt~j~.ty and the Improvements to be constructed thereon; and 4'm)49227 C1:L30-30 2, WHEREAS, the Authority believes that the redevelopment of the Project Area pursuant to this Agreement, and fulfillment ~enerally of this A~mement, are in the vital and best interests of the City and the health, safety, morals, and welfare of its residents, and in acco~l with the public put-poses and pr~vtsions of the applicable state and local laws and requtimments under which the P~lect has been undez, taken and is being assisted. NOW, THEREFORE, in 'consideration of the pz~mtses and the mutual obligations of the parties hereto, each of them does hereby eovanant and agree with the othe~ as follows: e' Section 1.1. Mnttions. In t~ts Ar~emat, unless ·-different clearly appear~ f~om the oontext: "Act" means M~--esota Statutes, Soc, tim~ 489 . 001-469 . 047 (formerly Munlalpal Housing and Redevelopment Act, Minnesota Statutsa, ~ 46~1.411,-482.711), u amended. "Agreement" moans tM~ ALceoemont, as tho asmo may bo ~ timo to t~n~ modified, amended, or supplemented. "Assessed Market Value" o~ "Assessed Market Valua~" means the market value of ~ p~e~ ~ de~~ ~ ~o ~~ ~F ~ ~ ~~ ~ ac~~~ ~ M~n~esom Smm~, ~ 273.11 (~ ~ ~y ad~ ~ ~ ~seasor, b~d ~ equal~.~, ~m~al~ ~ ~~uo~ ~ ~y ~), "Authority" means the Housing and Redevelopment' Authority in and fo~ the City of Chnnhn-sen, or any sueeeasor oF assignee. "City" me~nn the City of Chmnhn~sen, a i~Jnn_;~cta muni~ oorporation and statutory aity aceo~ling to the laws of the State of Mlnnosota. "Closing" me-n- the aompletlon cd' the lm~x~aeflon contemplated in th,. Agreement between the partlas hat. to. "Construction pi.n., meen~ the plans, speeiflmtlons, drawin~ and n~latod documents on the construction work to be peri'~ by the Redevelope~ on the Redevelopment Property which shall be at least as detaflod as tho plans 1~1~ to be submitted to the buildtn~ ~napector of the City. "Development Contract" _man_n- the Development Contract fox. I,mtslla~ id' public improvements between the City and the Rodovelopez,. "~n~waun Improvements" means tho improvements dem2Flbod in the plans to be approved by the City in eonnoc~Lon with the site pt~n ~ prooeg8; and which shall eonslat of two restaurants and · flt~t elaas, ~ businoas astabllohment contusing approximately 10,000 equa~o feet. "Plat" means tho plat fo~ Chanhaasen Retail Addition. "Project" means Redevelopment Plan fo~ tho Downtown Chanhasoan Redevelopment Area. "Project Area" meana the ~.d pn~pez~ looatod wltM~ the boundaries of the "Pu~J~ase P~ee" mean. the txrml amount of mcaey to be paid by the Redeveloper for the Redevelopment 1~. "Redeveloper" me*_ na Ryan Construction Cmnpany of Minnesota, Inc., a _M~n~esota ~ol-porat~en. ~Redevelopment Proper~~ means the ~ prope~ to be deeded to the Redeveloper , a leLml description of which p~operty fs contained on the attached Sohedule A. ~Redevelopment Plan~ means the plan for the Downtown Chanhassen Redevelopment A~ea as amended as of the date of this A~l~ement. ~Tax Increment~ means that portion of the real pr~pe~y taxes paid with ~espect to the Tax Increment District which is r~nttted to the Authority as tax incr~ment pursuant to the Tax Inor~ment Act. "Tax Increment Act" means .~n,~esota Statutes, Seotions 469.174-. 179, u the same m~ be emended f~om time to "Tax Increment District" means the Authortty'e Tax Inar~a~t Dist~ct for the Downtown Chanhaseen Redevelopment A~ea u amended u of the date of ,h~, Agreement. ~Terminatton Date~ m~_ ~ the date when the Author~t~y has paid the full mount due under the te~ns of this AL~esment and the Limited Revenue Tax Inor~nent Note. "Tax Official" means any city or coun~ assessor; county auditor; city, oounty or state bcar~l of equalization, the comnflsatoner of revenue of the state, any state or fedex-al distr/ct couP, the tax cou~t of the state, or the State Supreme Court. ~Tttle Company~ m~ans the Old Republic Natlo~l Title Insurance Company. ~Unavotdable Delays~ means delays which are the direct result of acts of God, unforeseen adverse weather conditions, fl~ or oth~ meualt~ to the Mlnf~mm Improvements, litll~tton commenced by third ~ which, by injunction or other similar Judicial action causes delays, aots of any federal, state or local ~overnmental unit (other than the Authozqt~y in enforain~ its ~ts under this ALceeement), Authority defaults as to the Redeveloper~e delays, Redevelope~ defaults u to the Authordty's delays, or other matter~ which ar~ not wtth~n the contr~l of the Redeveloper as to the Redeveloper~s delays or not within the control of the Authority as to the Authorit~y~s delays. c~.3o-3o 4 · i Section 2.1. R resentetions the AuthGei . The Authoelty makes the following representa on its pact herein (a) The AuthGe~ty has the ~ht, powe~ and authozdty to ~m, ~~ ~d ~o~ im ob~~ a~~ ~ ~ ~t ~ ~ o~ ~m ~ ~ exerted by ~e Aut~~ p~~t ~~. ~ Au~~ ~ ~ ~ f~ ~d ~t~ ~e H~m ~ i~ ~ au~~ ~d~ ~ a~~~ ~ ~ ~ ob~ ~m ~e ~ ~~ Ge ~Ge ~~ ~ ~~ a~~ ~ ~~ ~ ~le~ ~e ~~on ~~~ ~ ~ f~- ~t. ~ Au~~ ~su~s ~e Redev~e~ ~t ~ ~~d~ w~ ~~~ th~ ~t ~ ~ o~er do~~ts ~e~~ b~ ~ Au~~ ~ ~ ~ ~ ~ Au~~ ~ d~ au~o~d to ~ ~ ~ on ~ ~ ~ Au~~ ~d ~ ~d ~ Au~~ ~e~to. (b) The PToJect is a ~redevelopment p~~ within the mee~ of the ACt and was created, adopted and approved in aoeGedanoo with tho terum of the Act. (c) The Tax Iner~aent Diet,ct is a "redeveiopment tax ~t dist~ct", which was created, adopted, eel'tifled and approved ~~A~t tO tho Increment Act. (d) Subject to satisfaction of the terms -,~ conditions of ,hi, Agreement, the Authority will convey the Redev~_!opmont 1~ to tho Rodov~ fGe development in aocordanoe with the terms of this Ag~.e~nt. (e) Neither the Authoelty, nor, to the best of the AuthGeity's knowledge, any entity or pe~on has, at any time (i) Sreleemods o~ activeiy oe .purlvely consented to the ~releuee o~ ~threetenod zqfl~msae of any ~otm Substanoe defined below) on or unde~ Ge ,hat would aEfect tho environmental oondition of the Redevelopment ~ez~y; Ge (fi) taken an~ action in "l~pm~e" to · con-ection with the Redevelopment PTOl~; Ge (iii) othoewJoo 'ong~ in ~ny activity Ge onfltted to take any action whioh could subject tho AuthoFlty Ge Redeveloper to ~_l~'lm~ for intolll:[oll~1 Ge 3~~Tlt tOF~, m~ Ge ~l~olutdl either pursuant to statute Ge common law, in __~~ with Hazardous ~ubetano~ (as defined below) located in Ge on the Redeveiopme~t Prol~t't~, inalu~ the Substanoe (as defined below). The tatm~ set witht- quotation ma~ks-above &hall have the meanin~ ~lven to them in the CompS® ~n~tal Liability Act, 4~ U.S.C. ! 9601 et seq., as amended ("CERCLA") and any state gubstanoes, formaldehyde, urea, polyPS, l~j~aon~ls, nubataneesU, Uhazaedm2o roteu, npo]lutantU, Ge u__flo,_~w~,m,~tu in CER~ 42 U.S.C. ! 9801 et ~eq., the Reoouroe ConseFvetion and RocovGey ACt u amendod, the Hazardous Mate~aln Tr~poFtetian ACt, 49 U.8.C. ! 1801 et se~., tho Clean Water Act, 33 U.S.C. ! 1251 et seq., any stato laws ~ enviz~nmental matter~, or any regulations pn~nulgatod pm~mnt to'any of tho fo~iuLug statutes. Cl330-30 (f) The Author~t~y does not know of any wells on the Redevelopment Property w~th~n the m~_ ntnj Off Minnesota Statutes, Section 1031. Section 2.~-. represents thnt: Representations b~ the Redeveloper. The Redeveloper (a) The Redeveloper has the ~-l~ht, power, and autho~ty to execute, deliver and perform its obligations aeco~ to this A~eement. (b) If the Redevelopment ~~y is conve~d to Redev~, it will construct the ~,~tm Improvements, and will do so in aoco~~ with the terms of tht~ As~eement, the Redevelopment P~-,~ and all local, itate and federal laws and zo~tnZ, bufl~t~Z code and public health laws and reLmlations. (e) If constructed, the _~,~,,~m Improvements will be con~~ at an agL~eL~ate cost of not less th~ $1,200,000 inoluatve of the value of the Redevelopment Property. Whether or not the Redevelope~ const~.uets the Improvements, the Redeveloper aL~s to the obligations imposed in Se~ 4.2(b). (d) The Redeveloper has received no notice or communication f~om any local, state or federal offlalal that tho activities of tho Redeveloper o~ tho AuthoFlty in the Project Area may be or will be in violation of any environmental law or reLmlation. The Redeveloper is aware of no faots the ex~tenoe of whlah would muse it to be in violation of any local, state o~ federal environmental law, refulation o~ review procedure. In the event that the Authority is req~ to take any action to obtn~ any neoessar~ ps,nits or approvals with respect to the Redeveloper Propert~f under an~f local, state or federal envi~,~_utal law o~ regulation, the Redeveloper will cooperate with the Authority in conneot~n with such action. (e) If the Redeveloper constructs the Minimum Improvements, it will do so in accordance with all appUcable local, state or federal energy conse~vation laws o~ reL~ulations. (f) Neither the execution and delive~-y of this ALq~Joment, the eonsunnnatton of the transactions contemplated hereby, nor the fulfilment of o~ complisnoe with the terms and conditions of th~= AL~reement is prevented, ltndted by o~ confltm with oe resttlts in a breach of, the terms, conditions or p~tsions of any re8~ o~ any evidences of indebtedness, aL~oement o~ lnstmunent of any ovidenoos of indebtedness, aL~eement o~ instmlmont of whateve~ nattu~ to which tho Redoveloper is now a par~ or by which it is bound, or constitutes & default und~ any of tho foreL~oin~. Section S.1. ~___mA_~S~S~. Subject to sat~nfaetion of tho terms and conditions of tht, ~en~rity will convey the Redevelopment Pn~peFty to Redeveloper by quit olAtm deed. Section 3.2. Conditions Procedent to Convoyance of ~rtv. (a) The Authortty's obli~a~n to convey the Redevelopment ~ Slutll be subject to satisfaatton, o~ walve~ in ~ by the Authority, of all of the following conditions precedent: (i) The Redeveloper not being In default unde~ the torres of tM, Ag~mment; , (ii) The Redeveloper havlnf soetm~ all L~ov~tal pemnits and approvals, neceosar~ to be obtained in onter to permit eonveyanoo of the Redevelopment Pry~eFty to Redeveloper. (iii) The Redeveloper shall have submitted to tho Authority evidence ~easonably acceptable to the Authority that upon transfe~ of the Redevelopment ~r~y to the Redeveloper, the constm~etion of the Minimum Improvements will promptly comm~_ ce and is ~rk_~ly to all be eompletod by not later than January 2, 1995 with rerpeet to tho two restaurants and not lator ?hA~ July 1, 1995 with respect to the impnyvements to tho tMrd parcel; (iv) The Redevelopm- shall have subndtted to the City nd the City shall have approved the site plans fo~ tho two mtauranm whioh constitute the Minimum Improvements; (v) The City having approved a plat fo~ tho Red. evelop~t P~pm*ty and adjacent lands p~lred bythe Redeveloper; ~ed, howove~, that the Authority shall pay fo~ tho cost of p~x~mtion of suoh plat and, at its expense, p~ovtde Redevelope~ with a mlFvo~ of tho RodovoloplMnt Pl~pel~; (vi) The Redevolope~ havinf en~ into such ag~emenm and contracts u a~e ~oq~ by tho City doalin~ with tho oonstmlotion of roadways and l~la~ improvemanm Within the boundald~ of tho Redevelopment Pl'oporly. In the event that all of the above conditions p~modent have not boen satisfl~ or waived In wrttin~ by the AuthoFlty witM, 1~ months followh~ tho date of this AL~i'eement, the Authority ma]~ ~ivo the Redevelope~ ton (10) dayu wTltten notieo of such defaults. If the Redevelop~ does not om, e the defaults WItM~ .tho tan day ~, thin Ag~o]nont shall bo null and raid, iud noith~ tho Autho~ty ~ Redeveloper shall have any obligation or liability to tho other ~. (b) The Redevolope~'s oblJfa~ to ~ tho Rodovolopment l~vpeFty shall be subject to satisfaction, o~ walve~ in writinf by tho Rodovelop~ of all of tho followtn~ conditions prec~dent~ (i) The Authority has aoq~ marketable title to the Redevelopment Property subject to any utilities currently located in the poFtion of West 78th Street which is to be vacated by tho City; and (ti) The City having mused to be oonst~,ucted the newly ~d 78th Street adjacent to the Redevelopment ~rty, and demolished and r~noved the portion of extstin~ .78th Street which crosses the Redevelopment ~rty. In the event that all of the above oonditions preoodent have not been eatlsflod or waived in writing by the Redeveloper wlth~ 12 months followins the date of this AL~'eement, the Redeveloper may five tho Authority written notice of such defaults. If the Authority does not cure the defaults wlth~,~ ten days fi, om the date of such notice, this AL~eement shall be null and void and neither the Redeveloper or Authority shall have any oblt~tion or liability to tho other ~der. Section 3.3. Purchase Price. The pm, abase price for the Redevelopment Property shall be Fo{ir Dollars ($4J00) per square foot payable in cash at closing. The Redevelopment Property oonsiste of approximately 3.2 am, os or One Hundred Thirty Nine Thousand Three Hundred Ninety-two (139,392) square feet. The exact square footage shall be detemnined by a suFvey p~pa.,,od at the Authority*s expense, in a form acceptable to the Authority and Redeveloper. Section 3.4. Closing. (a) Wtth~,~ ~ (3) days after satisfaction and/or waiver of all of the conditions oontR~,~ed in Section 3.2 of this Ai~Mament, the Authority shall oonvey the Redevelopment Property to the Redeveloper th~,ou~h the execution and delivery of its quit claim deed and all other documents reasonably Fequh~d by Redeveloper and the Title Company. This Cloain~ shall be at a location deaifnated by the Authority. If the Closing has not taken place on or before 13 months followln~ the date of t~_n AL~eement, either party may declare this A~q~emnt null and void, where upon each party shall be relieved of all obli~tions hereunder. (b) The Redeveloper shall take possession of the Redevelopment Prope~y upon execution and delivery said Quit C!-~m deed by the Authority at Closinf. (e) The Authority shah fuzmtRh to the Redeveloper a eor~ndtment (to be paid for by the Authority) for the issuance of an ALTA owner's policy of title insurance Form B-1970 equivalent (the ~Comwrltment~) issued by tho Title Company in the amount of Five Hundred Fifty-Seven Thousand Five Hundred Sixty-~t DoUm-s ($557,568.00), whereby the Title Company oommlts to insure that the Redeveloper has good and marketable title to the Redevelopment Propet-ty, flee of any and ail exceptions to title. The Redeveloper shall have SO days f~m tho N~Oipt of tho Commitment to furnish the Authority with the Redevelope~s written obJeotions to title. The Authority ai~ees to p~xax~,t in ~ faith and with all due ~ to attempt to cure the objections made by tho Redevelope~ and to do so prior to tho date of oiosing as provided in Seotion 3.4(a). If such objections cannot bo outed prio~ to such date and are not waived by Redevelops, this ai~eement shall be null and void and the par~es shall be relieved of any liability oF obltfa~n horgundo~. (d) The Authority shall pay at oioainf any ~unoml ~ estate taxes leviod against the Redevelopment Proper~ due and payablo foF all years prior to the yea~ of dosing. The ~ estate taxes'payable in the yea~ of eloain~ and any installments payable in the year of alosin~ of pr~dmmly levied speoiel useesments loviod afu~tt 01E)4922'7 cm3o..3o 8 the Redevelopment Pzoper~ will be pzo-zated between the AuthoFlty and the Redev®lope~ as of the date of eloslnf. Exoep~ u provi~ hez~,~, the Redevelope~ will pay all ~ estate taxes levied ag-~--t the Redeve!_~ment Pl~pm. ty togeth~ with all unpaid ~-tallments of special'assessments and an~ futu~ ~pe~_ -~ uaesanmnts payable in subsequent yea~s. The payment of ~ml estate taxes by the Redev~_!_r, pe~ includes -~y real estate taxes levied against the Redevelopment P~oper~y upon its change in assessment elasMfieation ~ "Or~m A~" agriattltural pu~uant to M~--esota Statutes, Section 273.111 to oommm~ l~l~Uant to Mtnnooota Statutes, Section 273.13. The AuthoFlty shall pay any defeFz~ zeal estate taxes oF iper~-I assessments mused by tho nGr~en Achesw cdas~~ of tho Rodev_~!_npment (e) The Authority shall pay at Cloeinf: (t) State deed tax; (fi) All oosta of obtaJ22fl~ and updatln~ the abetnicrt to tho Redevelopment Pr~ez~y, lneludin~ name seal~ms, JuSt seal, boo, tax searches, bank~ptey oeez~ms, and pz~e~ lnspeotlon foes; (iii) Reeon~n~ foes fo~ ~ve tnstnments zoqutz~ to zemove encumbrances and place marketable title in the Redevelope~'a name; (tv) The cost to =~3o~d this .4~eeement; (v) All ~ estate tax. obll~a~ due at olosin$; and (vi) Platting and m2_-we~ costs; (vii) Title ~--uranee c~enitment fees; (g) The Redeveloper shall pay at Closing: (i) All r~co~ fees and ~ othee than the State deed tax r~lating to the filing of the quit ~!-~m deed to be delivm~d by the Authority at closinf; (iii) The Clo~ fee chat~d by th, tttb ~y, if any; (iv) The cost a~ r~o~ the plat; and (v) The oost of ~ the Development C~n~. ~130..30 ARTICLE IV Public Allistance Section 4.1. Construction of the Minimum Inmrovements. SubJeot to the terms and conditions of this Agreement, the Redeveloper a~,ees to purchase the Redevelopment Prope~ and to constmiet or to muse to be constmieted the Minimum Improvements on the Redevelopment ~~y, in &ocordance with the Cons~~ Plans. Section 4.2. Form of Publio Assistance. In ottder to faellitete the financial ! feasibility of the redevelopment of the Redevelopment ~r~y and in consideration for the Redeveloper's fulfillment of its covanants and obli~a~ns under this AL~reement, the Authority will provide to the Redeveloper a payment of spe~_=l assessments from the tax inm, ements to,ether with a land wrttedown payment to be paid as hereinafter provided. The public assistance will be payable by the Authority as indicated below. (a) .Special Assessment Write-Off. The Authority a~,ees to provide a write- off of special assessments to be assessed a~ainst the Redevelopment Propez~y for public improvements in the A,,~nint of Seventy Thousand Dolla~ ($70,000.00). The write-off of special assessments is to be achieved by the Authority'8 colleetton of the total Annual tax increment ~eneratsd by the Redevelopment Proper~y A-d Minimum Improvements for a three-yea~ period as described in paragraph 6 and usin~ a po~.ton thereof to pay for the lpe~_ A1 usessment write-off. (b) Allocation of Tax Increment Public Assistance. The allocation of the tax increment public assistA,~ce to be provided by the ~uthortty to the Redeveloper pursuant to Section 4.2(a) above is esttmsted as follows: Total Year Estimated Annual Asmeasn~nt Pays. ble TB~.. Increment . Writs-Off 199 0 --- 1996 (X) 23,883 1997 (X) 1998 (X) In any year commenalng with the yea~ 1995 and ending in the yea~ 1998, in which the tax increment is not g2NNiter then or equal to the assealment write--off the Redeveloper ag2~s to pay the dflTerence between the lotus/tax inoz~nmnt amount and (Y) to the Authority as a deflalenoy w~th~,~ th~,~y (80) days of ~KNdpt Of written notice from the Authority. (o) The patties ~ that there ate unusual and si~dflmnt problems concerning the soils looated on the Redevelopment Property whiah will req~ extraordinar7 effom to co~. The Authority detez~(-,~ that it is approp~te correct unusual Boil oondltions to prepare the R~devel~ment ~ fo~ construction of the P~,~mum Improvements. Consequently, the Authority ~ to pay to the Redeveloper (so lon~ as Redeveloper is not in d~fault of any provisions of. this AL~reement) an amount not to exceed the lease~ of l) the aatual cost of remediatin~ unusual soft conditions under the bulldin~ pads (to,ether with such ~4m7 ct2Jo-Jo 10 pertmete? area as must be tnaidentally rmmKUated ~coz~ing to o~dlua~ engineering standards) as such is deter~Kt to be neoessary and ztasonable by the Autho~ty foUowing oonsultetion with the airy engines?; o~ fi) $120,000; o? iii) the mm)unt of Available Tax Inermnent. Fo? the purpose at rids pe.~g~aph, Available Tax Inm~ment shall mean the ~m~mt of tax in~t ~nl~ to the Authozdty with respeot to the Redevelopment Property in the yeazl 1998 tlLtYmgh 1998 inattmive afte~ first deducting ~ the foUowing: i) M4,086.?-2 fo~ each such yeeL~; fi) ten percent u an administrative ~; and fi/) any amounts used to make any pz~lous payments to Redeveloper. Requests fo? payment aball be z~Jewed and elthe~ app~ o~ zl~mted by the Authority witht~ 30 days ~ the date a z~quest containing documentation z~asonably neeessar~ to rmdew the Z~KlUest has been ~meived. Approved paynmnts _m1~11 a~-~te until the~e is ~t Av~tl-ble Tax hlollBe~t to pay tham. Section 4.3. Third Pm-cel. In the event that the th. it (du~, establishment containing appz~gimately 3,400 Iqua3~ feet to be ~eted in the northwest por~don o~ the Redevelopm~t l)z~ml~? ("R3") is not completed January ~-, 1995 but is completed by July 1, 1995, the ~ egtle that the described above SBA11 be modified as follows: (a) The po~don at the spe~-! u~esm~nt w~te-o~ to be aUomted to RS (in accordance with stana-~d city po!i. ey) shall be payable from tax inc~ement ~merated frmn the Redevelopment Prope~y du~ln~ the ~ 1997, 1998 and 1999 and the table appesrin~ at 4:2(b) will be modified acoordin~ly as will the Redevelope~'s obll~a~n to pay d_~__~mM_~ e~n~ ~. (b) The Available Tax Increment ecmputa~n in 4.2(c) s~-q be calculated from the tax ina,~ment fo? R~ fo~ ~mar~ 1997, 1998 and 1999 and fo? the balance of the Redevelopment ~ fo? the ~ 199~, 1997 and 1998. The deductions from tax inc~ement to ~ Available Tax Increment ahall be modified as follows: $102,260.15 (but not mo~e than $34,088.72 annually) shall be deducted each ~ from 1996 throu~ 1999 incltmfve. (c) If R3 is not completed on o~ beforo July 1, 1995, the payments requi~ed pursuant to 4.2(a) shall be modified ~o as to relfeve the Autho~ty of the obli~a~ to make any spea~ assessment payments a~table to R~; and 4.2 (c) shall be modified ~o as to ztlisve the Autho~ty at the oblJ~tion to provide any r~medistion assistance with ~peet to R~. Section 4.4. ]~Teat at SubmKluent ~ale. It fl Intlaipated that subsequent ~e ~nv~~ ~ ~e ~ev~~t ~ ~ ~ ~~ ~ ~ ~ ~ po~~ ~ ~e R~ev~~t ~ ~ ~ w~ ~ ~ ~ ~ ~~ ~e ~e. U~. ~ Au~~ ~ ~ ~ ~ ~ ~~ ~~ dete~es o~~e, ~ ~e ~ ~ ~ ~ ~ ~ ~~~t p~ ~ ~ d~ ~ ~~ ~ ob~~ ~ ~ ~ ~~~ M~ ~ ~h (o) ~d~~e~'l ~s~~. It M ~ ~~~ ~t ~~ ~ M A~t w~ ~~ ~ ~y ~ ~ ~ ~~~t ~ ~~ ~ ~ mpe~ ~ ~e ~ev~~t ~ ~ i~ ~~. 11 ARTICI~ V Tax ~t Section 5.1. Tax Inc~ement Certification. The Authority has established the Tax Increment District pursuant to the Tax Increment Act. Section 5.2. Real . . Propet~y Taxes] Special Assessments The Redeveloper shall pay, in accordance with Section 3.4(e)'hereln, ~11 ad valorem taxes and spe~_ -1 assessments on the Redevelopment ~r~y which are payable subsequent to cloaing on the sale of the Redevelopment Prope~y. This is · corporate obligation of the Redeveloper which shall continue even if the Redeveloper mdls the Redevelopment Property, unless the Redeveloper is released of its obli~ttons under th~n Agreement. The Authority sh~11 p?ovide such release if the Redeveloper can demonstx, ate to the reasonable satisfaction of the Authority that the successor in title to the Redeveloper to such portion of the Redevelopment Property ha~ · s~t net worth to pay such taxes and special assessments, and provided such suooeasor assumes in writing the obligations of the Redeveloper under this Agreement relating to such portion of the Redevelopment Px'operty. ARTIf~r.~ VI Addttkmal ~ Section 8.1. E~ual Employment O~l~ox. tunfty. The Redeveloper, for itself and its successor~ and uaigns, ag~es that, with respect to the matters contemplated ~, it will comply with all &pptimble fedemI, state and local equal emp~t and nondisc~m~,~-tion laws and ~e~ulatians. Section 6.2. Restrictions on Use. The Redeveloper agoras fo~ itself, and its successors and assigns, and evex? suooessor in interest to the Redevelopment Pr~pe~y, or an~ part the~, that the ReAeveloper, and ~ueh SUeO~SOrS and assiS~2s, shall devote the Redevelopment ~ to, and only to and in aeeo~oe Section $. 3. Provisions Not Mex~red'Wlth Deed. None of the plmviMons o~' Agreement are intended to or shall be merged by ~ason of any deed transfemqng any inter~st In the Redevelopment Section 8.4. Notices and Demands. Exoept as otherwise ~xp~ in th~ Agz~ment, a notice, demand, or oth~ communication unde~ the Ai~ement o~ the Redevelopment Deed by efthe~ pm, t~ to the other shall be ~tly ~lven or delivered only if it is d/spatehed by ~ or certified marl, postage prepaid, retur~n ~eceipt requested, or deltv~ petmo~lly; and (a) in the case of the Redevelopm-, is add2~sod to o~ delivez~ l)eZ~maUy to the Redeveloper at 700 Intez~at4o-al Cent~, 900 Seoond Avenue South, ~nneapolis, MN 55402, Attention: Bill MoHBIe; and (b) in the case of the Authorfly, is addz~Bed to o~ delivee~d persona~ to the Authority at 690 Coulter D2dve, Box 147, Cbanlm~on, Mlnnelm 55317, o~ at such other address with respect to either such party aB that pm, ty may, f~m time Section 8.5. DMel,,l...~_ of Relationships. The Redevelop~ aaknow~~ that nothing contained in tb~. AL~eeement no~ any act by the Authority o~ the Redeveloper shall be deemed or construed by the Redevelop~ o~ by any t~d ~ to m~ate any relationship of t~-d-party benefla~-y, priucdpal and a~snt, tim(ted o~ ~ l~ner, or Joint venture between the Autho~ty and the Redeveloper. Section 6.6. Covenants Running with the Land. The ~ and prov~lmm of th~. Agreement shall be deemed to be eovananm ~ with the Red~t Proper~ and shall be biudtn~ upon any sueeessom o~ usi~ns ~f the Redevelol~ and any fu~ owners or m2oumbmnoes of the Redevilol)~nt 1~. Section 8.7. Modifications. This Agreement my be modil~d eolaly th~h wr/tten amendment~ hez~to exeou~ by the Redev;!_,,pe~ and the Autho~ty. Section 8.8. ~. This A~~nt t~ exec~t~ ~n ~n~ numbs. of counterpa~s, each ar whiah shall constitute c~ a~ the m inset. ~iD4m7 IN WITNESS WHEREOF, the Authority has caused this AL, reement to be executed in its corporate ~-me by its duly authorized offleera and sealed with its corporate seal; and the Redeveloper has caused this A~eement to be executed in its corporate name as of the date ftrat above w~tten. (S~L) THE HOUSING AND REDEVELOP~T AUTHORITY IN AND FOR THE CITY OF CHANHASSEN, MINNESOTA By: And STATE OF MINNESOTA ) ) SS. COUNTY OF CARVER ) On this ~ day of (~,u~,~- . 1994, before me. a Notary Public within and for said county, a'~"~pe[~eg~~~~d~._ and ~ to me peraonaily known, who bein~ by me ~l;My swor~, ~d say that they ar~ respeotively the Aotin~ Chairperson and ExecutiYe Dh~etor of The Houain~ and Redevelopment Author{ty in and for the City of Cb. nh~-sen, l~n~esota, a public body, corporate and politic, known as the Housini.~ and Redevelopment Authority in and fo~' the City of Chanhassen, under the laws of the State of l~esota, on beh-lf of the Houain~ and Redevelopment Authority. C~v;R ~'~3UNTY 14 RED--PER: By: STATE OF MINNESOTA ) '~~t~ ) ss. COUNTY OF ~ ) 0'1D49227 15 SCI~I~UL~ A to CONTRACT FOR PRIVATE REDEVELOPMENT REDEVELOPMENT PROPERTY LEGAL DESCRIPTION: Outlot B, Chanhassen l~.et~ Second Addition, Carver County, Minnesota According to the pl~t thereof to be recorded as shown on Bx.'bit A-1 a~ched hereto. ~,"~4~227 ~o-3o A-1 CITY OF 690 COULTER DRIVE · P.O. BOX 147 · CHANHASSEN, MINNESOTA 55317 (612) 937-1900 · FAX (612) 937-5739 MBMORANDUM TO: FEOM: DATE: Housing and Redevelopment Authority Todd C_~hardt, A~i~tant F.x~-ufiv¢ ~ ' October 14, 1994 SUBJ: Consider Modifying the Redev~~t Agreement with Ryan Cons~on on Outlot B, Retail Addition Attached please fred a request from Ryan ~- .,- on Company to be placed on the agenda. to discuss a revision to the Contract for Priva~,~el~t between the liRA and Ryan Construction. Specifically, Ryan is requesting.!th¢ ~ modify the agreement regarding the years in which they are to receive tax in~t fro~, 1996-1998 to 1997-1999. Tl~y are making this request because of delays that..~e ~ in receiving clear rifle to the property. There w~ two issues that nen~d to b~ re~...ved to obtain clear rifle,; one was that a Minnesota Transportation right-of-way:~n~at n~ approval from MnDOT to vacate the easement and the second was co~..16fion of the S~eat... Agmen~nt with Charlie James. Both of these items were just.'.:X:'omple~ last w~ Because of these rifle issues, staff was unable to set a closing date, ann"it's not feasible to ~ that Taco Bell and Perkins can complete their buildings by Janu/ry 1, 1995. Based on these two title issues, staff recomnm~ approval ~Ryan's request to ~ the years in which tax increment' Attachmentl. Letter from' Ryan C°nsU'U 2. Section 4.2 MnDOT ~ of the Private Redevelop~t~~t. 3. I.~Rea' from Rwan Companies lltYAN ' ';'IXJ Jt,l,..r,.di~mal ( ~,.Idl'(- .tfljlj %t"l,'tJIjil .'¥', .'11111,' .~t Jllt]l 61-~. :~:;~'~_ I.~.. l.,,I,,,,~,. 61:2:3;]7-5S¥~ tax Buihlintl. L~tstinl/, l~vluti,m.~'hil:~ September 28, 1994 Mr. Todd Gerhardt Assistant City Manager City of Chanhassen 690 Coulter Drive Chanhassen, MN 55317 RE: CONTRACT FOR PRIVATE REDEVELOPMENT - OUTLOT B CHANHASSEN RETAIL ADDITION Dear Todd: Pursuant to my letter of September 20, 1994 and our subsequent discussions, this letter shall serve as formal notice that Ryan Construction Company of Minnesota, Inc. wishes to be placed on the agenda for the next HRA Meeting. The issue which we would like to bring before the' HRA is a revision of the Contract for Private Redevelopment which would permit Ryan to receive tax increment under Section 4.2 of the Contract for the yeatrs of 1997, 1998 and 1999. The reason for this is that it is highly unlikely that the "Minimum Improvements" would be completed by January 2, 1995. Without the requested revision, Ryan would not receive the total tax increment benefit contemplated under the Contract. Based on comments that Mayor Chmiel made at the S .eptember 26 Council Meeting, it was clear to me that he would support such a request. If you have any additional questions or comments, please contact me at 337-3382. Otherwise, I look forward to seeing you at the HRA Meeting. Thank you for your assistance Thomas P. P Retail Leasing and Dev~opment Manager C: William J. McHale Mare L. Kruger, Esq. John Dean, Esq. Marie McCallum Section 4.1. Constmietion of the _t~-~,mun Imp~~ts. SubJeat to the tm. ms and conditions of th~, AKreement, the Redevelope~ ~ to p~ the Redevelopment ~r~y smd to conslamot o~ to muse to be conslametsd the M~,~,mim Improvements on the Redevelopment ~l, ty, in acoo~A~_~e with the Constmietion pl~... Section 4.2. Fora of Public ~a~tsno~. In o~d~ to f~_~tsts tbs f~b~ of ~ ~devel~ment ~ ~ ~dev~~t ~~ ~d ~ ~~de~n for ~e Redev~e~s f~t A~ent, ~e Au~~ ~ p~de assessm~ f~m ~ ~ ~~~ ~d ~ he~tsr p~ded. T~ pubBc ~~ ~ ~ ~b~ ~ ~ Au~~ (a) Spe_~_~! Assessment Write-Off. The Authority a~ to provide a write- off of special assessments to be assessed ag-ln-t the Redevelopment l~~y fo? public improvements in the -mount of Seventy Thousand Dollare ($70,000.00). The wr~te-~ of special assessments is to be aehisved by the Author~tyV8 eolis~flon of the total A-nual tax increment Lmnerated by the Redevelopment P~ and Minimum Improvements for a three-~ per~od as dea~ in paragraph 6 And usin~ a portion thereof to pay for the open-1 assessment wr~te-off. (b) Allocation of Tax Increment Public Assistsnee. The alloca~ of the tax increment public assistance to be' provided by the Authority to the Redevelope? pursuant to Section 4.2(a) above is estimated as follows: Total Yea~ Estimated ~--ual Assessment Payable Tax Increment W~lts-Of~ 199 0 --- 199~' (X) ~,~ 1997 (X) 23,833 1998 (X) Z~, ~34 In any year commenain~ with the Fea~ 1996 and endin~ in the ~ 1998, in which the tax increment is not ~ea~ then o~ equal to the assessment wr~te--a~ the Redeveloper a~ress to pay the dtfferenoe between the aotual tax increment amount and (Y) to the Authority as a deflaleney witM, thtr~y (80) days of receipt of wrl~ notioe from the Authority. , (e) The parties a~ree that ~ aro unusual and at~mnt problems coneer~ the soils located on the Redevelopment 1~ which will ~equiro extraor~t~A,~y efforts to ~. The Authority dete~ntnes that it iS approp~date com~ot unusual soil conditions to pz~e the Redeve!_r~ent Prope~ fo~ construction of the Minimum Improvements. Consequently, the Authm, lty ~ to pay to the Redevelope~ (BO lon~ as Redevelopee is not in default of any p~eovtsions of this AL~eement) an n~ount not to exceed the leese~ of i) the aotual cost of remed~t~-~ unusual soft conditions under, the bufldin~ pads (to~ethe? with such em..3o.-no 10 perimeter area as must be incidentally remedtated aooordln~ to or~tnn,E~ en~ineertn~ standards) as such is deter, mined to be necessar~ and r~asonable by the Authority following consultation with the city engineer; or fi) $120,000; or itt) the amount of Available Tax Increment. For the purpose of tht, paragraph, Available Tax Increment shall mean the amount of tax incrament r~mitted to the Authority with respect to the Redevelopment Propez, ty in the yeara 1996 ~gh 1998 inclusive after lb, st deducting therefrom the following: i) $34 , 086 . 711 for each such lfea~; ii) ten percent as an administrative charge; and iff) any amounts used to make any previous payments to Redeveloper. Requests for payment shall be rgviewed and either approved or rejected by the Authority within 30 days from the date a r~queet oontainin~ documentation reasonably necessary/to review the roquest has been rec~dved. Approved payments shall accumulate until there is sufficient Available Tax Increment to pay them. Section 4.~. Third Parcel. In the event that the first c!;-s, retail establishment oon~g approximately S,400 square feet to be constm3cted in the northwest portion of the Redevelopment Proper~y (~R3') is not completed before Januar~ 2, 1995 but is completed by July 1, 1995, the parties aL~.ee that the mattera described above shall be modtfled as follows: (a) The portion of the special assessment write-off to be allocated to R3 (in accordance with standard city policy) shall be payable fi. om tax increment generated from the Redevelopment Propet-ty during the yeara 1997, 1998 and 1999 and the table appeax'lntl at 4.11(b) will be modified acoordin~y as will the Redeveloper's obligation to pay deficiencies eont_Atned therein. (b) The Available Tax Increment computation in 4.2(o) shall be calculated from the tax increment for R~ for yeare 1997, 1998 and 1999 and for the balance of the Redevelopment Proper~y for the yeara 1996, 1997 and 1998. The deductions from tax increment to reach Available Tax Increment shall be morltfied as foUows: $102,280.16 (but not more than $34,086.72 annually) sl~All be deducted each year from 1996 through 1999 inclusive. (c) If R3 is not completed on or before July 1, 1995, the payments required pursuant to 4.9.(a) shall be modified so as to relieve the Authority of the obligation to make any special assessment payments attributable to RII; and 4.2(c) shall be modified so as to relieve the Authority of the oblt~tion to provide any remediatton assistance with rtspect to R3. Section 4.4. Effect of Subsequent Sale. It is anticipated that subsequent to the conveyance of the Redevelopment Proper~y to the Redevelope= it will sell all or portions of the Redevelopment Prcrpe~y to other1 who will aatually use and oeoul~y the same. Unless the Authority in the exercise of its reasonable discretion determines othez~dse, no sale of all or pa~ of the Redevelopment p~pe~ shall be deemed to create an obligation to make the payments described in pa~ph (e) of this section to any entity but the Redeveloper. It is understood that any alloca~n between the various purehase~ of the Redevelopment ~er~y shall be Redeveloper's responsibility. It is _~o underetood that notwfthstandin~ the sale off portions of the Redevelopment Pr~per~ to separate owners, any default of this At,cement which relates to any portion of the Redevelopment Prope~cy entitles the Authority to ter, n~te its per~o~nA~ce, inciudinl~ performance under this section, with respect to the Redevelopment Prope~.~y in its enthtty. 0~D49227 on~0-~o 11 10,'14,'94 11'24 ~$12 452 5550 CAHPB]3Y.Y. ]Edl%~SON ~.C3~A.~I. Cl~ 1;dY.L ~002/006 CAMPBELL, KNUTSON, SCOTT & FUCHS, P.A. Attorneys at october 12, 1994 (612) 452.5 ~\\'~ Fax (612) ~I$2-5550 Ms. Jennifer Bailey Minnesota Department of Trans~or~ation Metropolitan Division Right of way Section. Waters Edge Building 1500 West County Road B2 Roseville, MN 5§113 SUBJECT: $.P. 1002(5m121) 903 West 78th Street at. TH 5 RECONVEYANCE REQUEST O_u_r__File No. 12668/_352 _.__ Dear Ms. Bailey: Enclosed pursuant to your request please find Attorney's Certificate of Title executed by this office, along with copies of the recorded Deeds establishing fee title to the proper~y in the name of the Housing and Redevelo~mant Authority in and for the city of Chanhassen. As you may have guessed, please advise on the status of this matter once the packet te sent to St. Paul for approval. SRW: Enclosures CCi Very truly yours, jWalston Mr. Todd Gerhardt (w/enclosures) St,ire 317 · Eagandale Office C't. nrer · 1 ]80 Corpomre Center Ct,rye · Ea~m, MN 55121 Mn/IXIT ~30t (1;.-70) '~612 452 5550 CAMPBELL 1L'N'UTSON -~,~, CHA.\'. CITY KiLL MINNF "TA DEPARTMENT OF TRANSPO'-AqqON .? $.p. 100~{5--121)903 ' PARCEL NO. 5 Coun~ of ~ 003.'006 ATrORA~Y'$ CERTIF1CATM OF TITI~ That part of Lo~ 1, Block 1, and West 78th Street, Burdick Park 2nd Addition, according to th~ plat of record thereof, Carver County, Minnesota, described as follows: Beginning at the most westerly northwest comer of Outlot B, Chanhassen Retail Addition, according to the plat of record thereof; thence, South $8 degrees 19 minutes 24 seconds Eat along a north line of said Outlot B, assuming the north line of said Burdick Park 2nd Addition bears South 87 degrees 55 minutes 03 seconds East, a distance of 128.14 feet; thence North 01 degrees 40 minutes 09 seconds East, along a west tine of said Outlot B and its northerly extension, a distance of 79.95 feet more or less to the north line of said Burdick Park 2nd Addition, thence North 87 degrees 55 minutes 03 seconds West, along said north line to its intersection with the southerly extension of the west line of Lot 1, Block 2, West Village Heights 2nd Addition, according to the plat of record thereof; thence southwesterly to the point of beginning, ssc~zo~ ~ 4, TOWNSHZ~ ~ ~ ~, RANGE 23 W~ST, CARVER COUNTY, is at the date of this opinion in the f~li~wing named ~ersons: Hatur~ Name of_In~erest The Housing and Fee Title Redevelopment Authority in and for the City of Chanhassen, a public body corporate and politic , Da~ Book & Page Name of Spouse A~ ~ndlor D~c. No, _If Sin_~le. so s_mte 11/10/92 142309 and None 158662 During the past five years the title to ~d tract was in the following persons, if different than above: Nature Date Book & Page ~ ~ ~ and/.or Doc. No, B. C, Burdick Pee Title Unknown - County of Carve~ Right-of-Way Unknown - N~nc of $~use If Single. so stale (Over) CAIII:'BELL KNI.1TSON ..,.-,-, CItAN. c'r-'l~ HALL i~1004/000 OPMCE ~ OQ.UNTYAIiPOROIIIq IITAT1 talljillN# llOT& eOUKI~' 0 PUlr~ ~ 10/14/94 11'28 ~'612 452 5550 C.~I~PBELL l~%rl'$ON ~ CK&X, CI~' K~LL ~008.,'008 Fo~ No. 3-M--WAR~N~ DEED ~Ho~ U~t~ Oo~'~ ~--~- (1~) MI,.~ ~,, ~i~,. IndMd~.~ ~ Co~~ .... ' ........ No del~q~n~ ~ ~d ~~ ~~; ~ica~ OFFICE OF COUN~ RECORDER of ~ E~ V~ue ( ~ ~ ( ) ~o,~ ~eq~d STATE OF MINNESOTA ~Sca~ of ~ ;~ V~ue No. ~[ ~/~ COUN~ OF~ARVER This Is to. ce~'~at this docM~ent ~~ ~ y J , ~~,~. ~ wasfl~dlnt~soffi0eo~the~ay / i i~~ ~~ ~.~ ~ o~~ 19~.D.a~ clock '~ / --.. OCoun~ Auditor : ' -~ M, and was duly mco.~ed ~ STATE DEED TAX DUE HEREON: $ R _517 ,1992 ,. (reserved for reco~tni ~ta) FOR VALUABLE CONSIDERATION, B.C. BURDICK and BRIGITTE BURDICK hu~bpnd and wife .Grantor(s). (marital statud he. by convey (s) and wa~ant (s) ~ THE. HOUSING AND REDEVE_LOPM~_N_T_ AUTHO_R!Ty_ I__N_ A~D . FOR THE CITY OF C/{ANHASSEN .. _. .Grantee. a public bcdv corporate and politic under the ~ of Mtnhesota . real ~oper~ in CARVER County, Minnesota, de~ettbed a~ follows: Lots 1, 2, 3, 4, and 5, Block 1, BURDICK PARK SECOND ADDITION, acco:ding to the recorded plat thereof, and situate in Carver County, Minnesota, except thaK part shown as Parcel 205 on Minnesota Department of Trans- portation Right-of-Way Plat Numbered 10-1, file~ in the office of the County Recorder as Document No. 112541. --. GRANTORS CERTIFY THAT GRANTORS DO NOT KNOW OF ANY WF~LS ON THE ABOVE DESCRIBED REAL PROPERTY. {If mote ~:e ie needed, centlnue on · ~ogethet with ~11 hereditaments ~nd appurtenances belonging thereto, subject to the following exceptions: Affix Deed Tax Stamp Hm-e STATE OF MINNESOTA COUNTY OF a~x~, ' ~ ss. Thafo~egoingiastzumentwu~kaowledged'beforemaf, hll I_~.. dayof ~O0~b~ ,19~~ ..~ B.C. Surdick_~nd Briqitte B~rdick,/~usb~nd ~nd wife _ .... -, _. ' n , ' / THE' HOUSING AND REDEVELOPMENT AUTHORIT~ IN AND'FOR THE CITY OF CHANHASSEN ~PB~L, ~UTSON~ S~TT & FU~S, P.A. 317 Eagan~le Office ~ter 1 380 Corporate ~nter ~rve Minnesota 55~ 2~ Eagan, (612) 452-5000 JRW: srn 690 Ooulter Drive, Box 447 Chanhassen, Minnesota 5531 7 TTTLE INSURANCE COUPANY ~ U1Nt~ 25'7 South Mar':chall Road. ~lte 205 SluLkopee, I~lnnerob 55379 ........... 10,'1.I.,'94 11:27 '1~612 452 5650 CAtfPBELL ILNIJT$0N -~-~-~ CHA.~, CITY HALL ~006:'006 Minnesota Department of Transportation Mm-opolium Division Risht of Way S~:tion Watsrs F_.dss Buildi~ 1500 West Coum'y Road B2 Row~e, ~[l-~som 55113 lames R. Walston Campbell, Knutson, Scott & Fuchs, P.A. 1380 Corporate Center Cm've, Suite 317 Ea~andale Office Center l:%~n, MN 55121 Phons ¢612) I;82-12.~__ PAX (612~ Dsie 10/10D4 Dear Mr. Walston, SUBIECT: $.P. 1002(5-121) 903 PAR. 5 West 78th Street at TH 5 RECONVEYANC~ RF_.Q~T This letter is to inform you that your request to obtain pot~-ntially surplus MN/DOT right-of-way at the subject location has circulated through our fimctional groups with positive results. In order for me to forward this transaction to our Central Office for further processing, MN/DOT ne~ls either a Warranty De~ or an Attorney's Certificate of Title to verify ownership of thc underlying fee for the subject p~. MN/DOT cannot scent a Quit Claim De~ for this verification. This is contrary to our phone conversation of 10/10/94, pleas~ accept my apology for the misunderstanding. I am enclosing two blank Attorney's Certificate of Titles for your use, should it be necessary. As soon as I receive this documentation from you, I will send out this reconveyance package recommending that the subject portion of right-of-way be reconveyed. Please call if you have any questions or concerns. ',cfnifer IM~y {, / ~t-of-Way R~..onvcy~c/~ Unit ,, CITY OF 690 COULTER DRIVE · P.O. BOX 147 · CHANHASSEN, MINNESOTA 55317 (612) 937-1900 · FAX (612) 937-5739 MF. MOEANDUM TO: FROM: DATE: SUBS: Housing and Redevelopment Authority Todd Get. t, Assistant Executive Director October 14, 1994 Review Architecunal Style of Perkins and Taco Bell Attached please find a conceptual sim plan for reviewing these plans is to ensure their exterior ma~'rials Corick, stucco, etc.). A present at Thursday night's meeting to make developmenc and Taco Bell. The HRA's wle in in the downwwn in reference to color and from Taco Bell and Perkins will be presentation ~egarding their gmpos~ Staff is recommending approval of the development area. The HRA should ~be aware plan at their October 10, 1994 meetia~.~s~e attached Attachments ~f~. ~' Proposed Site Plan ..:,.:;.;?':"' Planning Report _..- -... .... ':~ ~..-~ consistent with the mst of the · porOo CITY OF PC DATE: 8/17/94 CC DATE: 9/26/94 10/10/94 CASE ~. 92-5 PUD, 94-6 SPR STAFF REPORT I- Z PROPOSAL: LOCATION: APPLICANT: City of Chanhassen requests Preliminary and final plat approval for Chanhassen Retail 2nd Addition to plat Outlots A and B. Ryan Companies is requesting preliminary and final plat approval for Chanhassen Retail 3rd Addition to plat Ouflot B into Lots 1, 2, and 3, Block 1, as well as and site plan approval for Lot 1, Block 1 for a Perkins Restaurant and Lot 3, Block 1 for a Taco Bell Highway 5, Powers Boulevard, West 78th Street, and Target Lane City of (~anhassen 690 Coulter Drive Chanhassen, MN 55317 Ryan Companies of Minnesota 700 International Centre 900 Second Avenue South Minneapolis, MN 55402 I.l.I PRESENT ZONING: Planned Unit Development PUD, BO ACREAGE: INTENSITY: Current Outlot B: 4.62 ac Proposed Outlot B: 3.15 ac Perkins 1.37 ac Proposed Outlot A: 1.47 ac Taco Bell .84 ac .. Proposal Future Restaurant: 0.95 ac 0.05 F.A.R., site coverage 68% ADJACENT ZONING AND LAND USE: N. General Business, BG, vacant, West 78th Street S - Highway 5 E- PUD, Target W - R12, ponding area, Powers Boulevard WATER AND SEWER: Available to the site PHYSICAL CHARACTER: The site is bordered by 3 major collectors, Hwy. 5, West 78th, and Powers Boulevard. 2000 LAND USE PLAN: Commercial Chanhassen Retail August 17, 1994 Update 9/20/94 Update 10/5/94 Page 2 PROPOSAL/SUMMARY (Note: additions tO this report since the 9[26/94 City C91mdl hearing are in bold and underlined.) There are four actions being considered with this proposal; two subdivisions and site plan approvals for a Perkins Restaurant and a Taco Bell Restaurant The City will be platting Chanhassen Retail lind Addition. This subdivision is the replat of Chanhassen Retail Addition Ouflot B. Ouflot B was created with the "Target" plat for future development The city will be creating two ouflots with the Chanhassen Retail 2nd Addition. Ouflot A will be retained by the City for landscaping and gateway features. Ouflot B will be sold to Ryan Companies. Ryan Companies are proposing to pht Outlot B, as part of Chanhassen Retail 3rd Addition, into 3 lots for a Perkins, Taco Bell, and furore restaurant The Perkins on Lot 1, Block 1 is 1.37 acres and includes a 5,000 square foot building with 85 parking stalls and Taco Bell on Lot 3, Block 1 is 0.84 and includes a 1,800 square foot building with 34 parking stalls. Both sites are in for site plan review concurrently with the subdivision review. The design of the Taco Bell is proposed to be double Roman concrete roof tiles. The color will be terra cotta. The building will be stucco, manor white and sandalwood beige trim. The roof is a mansard style. It is pitched but fiat on top. The height of the building is approximately 17 feet The pitched roof element is 5 feet The design of Perkins is stucco with a ceramic tile accent band. Columns are spaced 15 apart. The building is 17' 8" high with a 4b/foot high standing seam side pitched roof element. Both designs are consistent with the Highway 5 overlay district and the standards of the PUD. The City Council requested,that this item be t~bled and brou~h~ O~;k Io that the appli~nt could provide building material sampl~ and change the O)10r Wries for Taco S l. Staff is recommending preliminary and final pht approval for Chanhassen Retail Second Addition, preliminary and final pht approval for Chanhassen Retail Third Addition, and site plan approval for Lot 1, Block 1, Chanhassen Retail 3rd Addition (Perkins) and LOt 3, Block 1, Chanhassen Retail 3rd Addition, subject to the conditions contained in this staff report. Chanhass~n Retail August 17, 1994 Update 9/2O/94 Update 10/5/94 Page 3 II~ACK(~ROUND At thc t/mc of conceptual review for the Target PUD, Ryan Cons~on had proposed 3 alternntives for Ouflot B. Version lA of Ouflot B included 4 bu_iMings and 26,000 Kluare feet. Outlot Vers/on lB included $ buildings and 29,100 square feet of building. Outlot B Version lC includes 6 buildings and 25,000 square feet. Numerous negotiations were held ' between Ryan Companies and the city to review how Ouflot B should be developed. The city always intended to have some form of gateway on the prope~. In addition the hnpetvious surface requirement was exceeded on the Target site and this wonld have to be balnnced on the remnining portion of outlot. The city has decided to retain a lariat portion of Outlot B and sell that portion that can be platted into three lots. Staff is pleased with the results considering where development of this parcel mxte~ At one time there was under consideration six building sites on Ouflot B. The three lots being proposed anows the city to landscape the perimeter of the development, lessen the intensity of development and meet the impervious surface requircment~ The liRA has had Hoisington Koegler Group working to develop gateway treaffnents for three entrances areas in the city. The city council is curt~fly reviewing some cost and maintenance considerations. When developed these plans will be reviewed by the Planning Commission. Since the approval of the PUD for Chanhassen Retail Center, the city has adopted the Highway 50vcrhy District. Thc standards of the overlay district include: le Parking and building orientation: The building setback needs to be 50 feet from Highway 5. Both sites meet this standard. The parking setback needs to be consislent with the overlay disuict which is a minimum of 20 feet. The site pa~k-i~g meets this requitetteat. o The architectural desiin is consistent with the overlay mndarch. Both bm'Minis stucco. The Taco Bell has a Roman barrel (tile) roof. The Per~n~ has a mansard style roof and standing seam ~dlng. Staffs original concerns with roof top 8croelling from the high point on Hwy. 5 to the roof of Perkins and from West 78th to the'roof of Taco Bell have been alhyed based on the cross section review provided. The materials and details of the buildings are consistent with the Hwy. $ mndard~ The Taco Bell is proposed to be mangr white with mmdlewood bei~ accents. :t:lm ~l~V,&'~m~& ~.~.s. ~av & ~,~6,,mm.d. fd,&; ~bm. LI,-' .... ~j~ d,&l' ~mm.&mum~vvwm.m~ ereen, nnd red accent awning 4appl~mately 1~ feet in width that runs alone the ~ntire buildim, just below the rooflin~ The City Council directed at the 0/26/~ Chanhassen Retail August 17, 1994 Update 9/20/94 Update 10/5/94 Page 4 henrin~ that the apvliennt tone down these colors with neutral ~rthen tone colors. Additionally, the Council reouested that the auolleant look at the nrchitecturnl detail of the buildin~ to determine If n unloue deslnn could be vrevared for the (~hnnhnssen Retail Center ~ite. The Perkins buildintz consists of sandlewood biege aecen~ bnn~ Ired C010mn~ #nd ~n ndg~ I~gggnt for the tnniorltv of the building. Tw9 elevnflon~ will h~v, y~low nwni~nn~. ,A one foot wide forest areen tile accent hand rg#nds nroun~l ~he top 9f ~he wall. Staff has discussed the City Coundl conditions renardinn the TgW Bell buildinn with the appli~nt's architect. The ~rghit~,ct h~ ~t~t~! that he will urovide alternatives for the buiidin~ colors to the Council at ~eir meeting on October 10. 1994. As one option~ the #rchitect ~at~d that ~he bandine could be eliminated completely~ by deletine the ~awnino. #nd ~he b~ilding's vrimar_v color would be vsed. Landscaping around the perimeter will be done by the city including the gateway. The interior landscaping needs to be revised per staff recommendations. SUBDIVISION .Chanhassen Retail 2n~l Aqldition The City will be platting Chanhassen Retail 2nd Addition. This subdivision is the replat of Outlot B, Chanhassen Retail Addition. Outlot B was created with the '"I'arget" plat for future development. The city will be creating two ouflots with the Chanhassen Retail 2nd Addition. Ouflot A will be retained by the City for landscaping and gateway featm-es. Ouflot B will be sold to Ryan Companies. The platting of Ouflot B establishes the development parameters for the site. Chanhassen Retail ~rql Addi~ion Ryan Companies is proposing to plat Outlot B, Chanhassen Retail 3rd Addition, into 3 lots for a Perkins, Taco Bell, and future restaurant. The Perkins on Lot 1, Block 1 is 1.37 acres and includes a 5,000 square foot building with 85 parking stalls and Taco Bell on Lot 3, Block 1 is 0.84 acres and includes a 1,800 square foot building with 34 parking stalls. Both sites are in for site plan review concurrently with the subdivision review. The HRA is also considering a gateway treaunent on a portion of Outlot A, Chanhassen Retail $~ Addition. Chanhas~ Retail August 17, 1994 Update 9/20/94 Update 10/5/94 Page 5 GRADING/DRAINA(~E The grading plan dated Sepmntmr 6, 1994 indicates that the entire parcel is proposed to be graded. However, there is no infommtion provided as to whether there will be excess mamial hauled off the site and/or borrow mamial brought in if soil ~on is needed. If there is excess material to leave the site, the d~velop~r shall ~ the quantity as such and define an appropriate haul roul~ for npproval. The phms do indica~ locations for erosion conlrol. A gravel construction enuance shall also be required at the sil~ entrance. Sit~ access shall be limited to Target Lane. A wamahed permit will be required prior to commenc/ng any site grading. In terms of drainage design for the entire site, it appears that the drainage areas have changed to conform with the approvccl Target site plan. The original Target site plan indicated that the southerly half of Ouflot B would drain via stomi sewer to thc Target pond while the north~ly haft of the site would drain northeasterly, eventually discharging into the new pond in the northwest quadrant of Tnmk Highway 5 and County Road 17 (Powers Boulevard). Thc existing storm sewer systems for the Target pond and the West 78th Street pond have been sized consistent with the originally approved drainage plan for the Target site. The developers shall provide drainage calculations and a drainage sub-area district map verifying flow quantities and proper pipe capacities for the proposed intmmtl storm sewer sysl~m which will discharge into the existing Target sit~ and West 78th Slreet systems. AH storm sewer within the site is considered private and shall be maintain~ as such. A low point is proposed on Lot 2, Block 1 without storm drainage. The grades should be adjusted so it sheet drains off the site. With respect to the specific drainage from the Taco Bell site, the part.~g lot grade has been reconfigured to drnln to the easterly lead of the two storm sewer leads pmvkied to this sit~ from West 78th Street.. The westerly storm sewer lead provided is inm~ied w serve the Thc Surface Water Management Plan (SWMP) would not apply with this plat since the Target site and the West 78th Street roadway ~ements have provided the nm~ssm'y downstream storm water treatment facili~. 'l'nese pmcels are being assessed for the West 78th Street improvements. Sanitary sewer and water is available to this overatl developmmt via existing public facilities. ALl proposed internal sewer and water service facilities assocint~ with this development are considered private and shah be maintained as such. The developer shall denote on the tttih'ty Chanhassen Retail August 17, 1994 Update 9/20/94 Update 10/5/94 Page 6 plans which lines are private and which lines are public. The developer shall be responsible for all costs associated with protecting all existing public facilities including, but not limited to city sanitary sewer, water, phone cable and gas within the site as the proposed improverncnts are constructed. The developer should provide the city with a financial escrow of $5,000 to guarant~ boulevard restoration and prot~on of the city's infrastructures. The financial guarantee shall be in the form of a letter of credit or cash escrow which would be released upon satisfactory completing site restoration. EASEMENTS The old West 78th Street right-of-way alignment runs through the northerly portion of this overall site. This right-of-way should be vacated in conjunction with this proposed development. However, in conjunction with this right-of-way vacation, utility easements will need to be obtained and/or maintained over the existing public utilities running through the site as follows: A 30-foot drainage and utility easement centered on the existing sanitary sewer alignment through the site. The existing drainage and utility easement obtained with the underlying plat of the West Village Heights 2nd Addition shall be maintained in existence. An additional 20-foot wide drainage and utility easement shall be granted along the south line of the previously described West Village Heights 2nd Addition drainage and utility casement. From review of the site plan dated September 6, 1994, it is apparent that the proposed Taco Bell building would encroach upon the proposed 20 foot drainage and utility easement and the northwest building comer would be approxirnately five feet from an existing phone cable. If this is approved by the phone company, an encroachment agreement for this condition will need to be execul~i. STREETS/ACCESS This property is bordered by 3 major collectors; State Hwy. 5, County Road 17 (Powers Boulevard), and West 78th Street West 78th Street has been realigned to the north as it approaches Powers Boulevard. All access to the site will be gained off of Target Lane. The site plan has been reconfigured to meet staff's recommendation to align with the existing curb August 17, 1994 Ulxhte 9/20/94 Update 10/5/94 Page 7 cut. The common driveway aides are proposed to be 25' feet wide. Staff recommmts they be incre2tsed to 26' feet face to face. Su'gar, Roscoe, Fausch has looked at the traffic generation for thh area and Unffic issues. They have completed a future peak trip generation for the 78th and Powers area based on complete development of this area (both sides of west 78th) as comme~fial development. Even with total development the tmf~ as proposed will not exceed the design capacity. All internal streets within this development are considered private and shah be mainmineA as such. The main enuance to this development is npproximately 250 feet south of the West 78th Street intersection. This access location was consuucted as a part of the Target parking lot. Access to these lots shall be limited to the proposed common driveway from Target Lane. At the Plnnning Commission rneel~g, the commi_stsion request~ staff nnd the applicant explore placement of a sidewalk throu~ the sites to promote pedestrian trnffic. Staff has recommended a meandering 5' wide concre~ sidewalk along the east~ly portion of Lots 1 and 3, Block 1. Subdivision Findings 1. The proposed subdivision is consistent with the zoning ordimmoe; Finding: The subdivision meets all the requirements of the PUD - BO, Planned Unit Development - General Business District . The proposed subdivision is consist with aH applicable dry, county and regional plans including but not limited to the city's comprehen~ve plan; Findint: The propo~ subdivision is consistent with applicable plans. . The physical characmistics of the si~ incl~g but not limited to topo~phy, soils, vegetation, susceptibility to erosion and siltafi~ susceptibility to flooding, and storm water drainage are suitable for the proposed devel~t; Finding: The proposed siu~ is suitable for devel~t subject to the conditions specified in this report Chanhassen Retail August 17, 1994 Update 9/20/94 Update 10/5/94 Page 8 1 The proposed subdivision makes adequate provision for water supply, storm drainage, sewage disposal, streets, erosion control and all other impwvements required by this chapter, Finding: The proposed subdivision is served by adequate urban infrasu'ucture. 5. The proposed subdivision will not cause environmental damage; Finding: The proposed subdivision will not cause environmental damage subject to conditions if approved. 6. The proposed subdivision will not conflict with easements of record. Finding: The proposed subdivision will not conflict with existing easements, but rather will expand and provide all necessary easements. e The proposed subdivision is not premature. A subdivision is premature if any of the following exists: a. Lack of adequate storm water drainage. Lack of adequate roads. Lack of adequate sanitary sewer systems. Lack of adequate off-site public improvements or support systems. Finding: The proposed subdivision is provided with adequate urban infras~*ucture. GENERAL SITE PLAN/ARCHITECT~ Ryan Companies are proposing to pht Chariot B, Chanhassen Retail 3rd Addition, into 3 lots for a Perkins, Taco Bell, and future restaurant. The Perkins on Lot 1, Block 1 is 1.37 acres and includes a 5,000 square foot building with 8/i parking stalls and Taco Bell on Lot 3, Block I is 0.84 acres and includes a 1,800 square foot building with 34 parking stalls. Both sites are in for site plan review concurrently with the subdivision review. P~rkins Thc applicant is proposing a 5,000 square foot Perkins Restaurant on Lot 1, Block 1, Chanhassen Retail Third Addition. The design of Perkins is stucco with a ceramic tile accent band. Columns are spaced 15 apart. The building is 17' 8" high with a 4~ foot high Chanhas~ Retail August 17, Update 9/20/94 Update 10/5/94 Page 9 s~mding seam side pi~ched roof element. W'mdow canopy awnings are provided on two sides of the building. An accent band runs above and below fl~e ceramic file accent panels and approximately 2 1/2 feet above grand around the entire building. Taco Bell The design of the Taco Bell is propo~ m be double Roman concrete roof files. The color will be terra coua. Thc building will be rmcco, manor whi~e m~d sandalwood beige u'irn. The roof is a mansard style. It is pitched but fl~ on ~p. The h~ight of the building is approximately 17 feet. The piWhed roof elemeut is 5 feet Arched elero~nts ~re included at DEVELOPMENT STANDARDS The Following Development standards we~ approved with the first phase of the C~mahas~um Retail Center. These standards are to be useA for the entire PUD or any additional phases. a. Intent The purpose of this zone is to create a PUD comm~c~/~l~l zone. The use of the PUD zone is to allow for more flexible design slm~dards while creating a higher quality and more sensitive proposal All utilities are required to be placed underground. Each lot proposed for developmem shsll proceed through sit~ plan review based on the development standards outlined below. b. Permitted Uses The permitted uses in this zone should be ~ ~o appropria~ commercial and service uses consistent with the City's C~D d~velopment goals. The uses shall be limited to those as defined herdn, if there is a question as to the whether or not a use meets the definition, the City Council shall make that inierl~tion. ,- 2. 3. 4. 5. 6. 7. 8. Day Care Cenu~r Standard Restaurants Health and recreafioa dubs Retail Financial Institutions, incAuding drive-in service * Newspaper and small printing Ve~il~lry (~iinle Animal Hospi~ Chanhassen Retail August 17, 1994 Update 9/20/94 Update 10/5/94 Page 10 10. 11. 12. 13. Offices Health Care Facility Garden Center (completely enclosed) Bars and Taverns Fast Food Restaurants (Maximum of 2) * Drive thru's should be buffered from all public views FINDING: The uses are permitted in the PUD district. e. Setbacks In the PUD standards, thc building setback for commercial is 50 feet from any public right-of-way, parking along right-of-ways shall be set back 20 feet. Street Building Parking Setback Setback West 78th Target 55 feet 20 feet Ouflot B ~50 feet 20 feet Powers Boulevard 50 feet 20 feet Hwy. 5 Target 120 feet 20 feet Outlot B 50 feet 1~ feet FINDING: The location of Perkins and Taco Bell meet these standards. Chnnhassen Retail August 17, 1994 Update 9/2O/94 Update 10/5/94 Page 11 d. Development Standards Tabulation Box USE Lot Area Bldgs Bldg Sq Ft Parking Coverage Target 10.29 ac 1 117,165 585 76.3 Outlot B 2nd Add 4.62 ac. 0 0 0 0 Outlot A 1.46 ac. 0 0 0 0 Landscaping Perkins 1.37 ac. 1 5,000 85 Taco Bell 0.84 AC. 1 1,800 34 undeveloped 0.95 1 3,400 57 TOTAL 16.31 4 127,365 761 66 {..~mT~Ulative L~ ~s 1, 2, and 3 Bloc~ 1 i.. ~8 percent unperwous e. Building Materials and Design The PUD requires that the devcloprnent demonswate a higher quality of architecttual stnndards and site design. AH mechanical eqnipmcnt shall be screened with material compatible to the building. . surfaces shall be nllowed on the Targe~ store only. 2. Brick may be used and must be approved to assure uniformity. 3. Block shall have a weathe~d face or be polished, fluled, or brok~ face. . Concrete may be poured in place, flit-up or pm-cast, and shall be finished in stone, ~.~mred or ~ . Metal standing seam ~ding will not be approved except as support material to one of the above mat,Hals or amain wall on ~ components. Chanhassen Retail August 17, 1994 Update 9/20/94 Update 10/5/94 Page 12 All accessory slrucm~s shall be designed to be compatible with the primary structure. All roof mounted equipment shall be screened by pitched roofs, except for the Target store shall have a parapet wall for screening. Wood screen fences are prohibited. Screening shall consist of compatible materials. All outlots shall be designed with similar material and colors as Target. (Target will be the first store to build and they will establish or set the theme.) 9. All buildings on Ouflot B shall have a pitched roof line. FINDING: The development meets the building materials and design criteria established as part of the PUD. The applicant has provided a cross section from Highway $ and West 78th Street which shows that the pitched roof screens rooftop equipment from the roadways. Trash enclosures shall be architecturally compatible with and of the same materials as the principal structure. Trash enclosures shall also be vegetatively screened from all right-of-ways. ~ection 20-14S4 (e) orovides the following prohibition within ~h~ Highwar $ corridor: "As building element~ cgmbination of el~men~s~ or another site s~ru~ure lhat acts as a ~nspicuous buildin~ emblem or signature. Example~ im;l~d~ garish elements orange roofs)i use of bricks~ blocks~ or ~iles to t~rn ~ wall into an ou~zed ~ign or !o~o: #nd other attempts to u~e a buildin~ or wall ~ #dvertisement," This section would avvear to prohibit the use 9f the I~rightly ~olore~i 8rip~! awnino a~ p~rt of the Taco Bell building,. f. Site Landscaping and Screening In addition, to adhere to the higher quality of development as spelled out in the PUD zone, all loading areas shall be screened. Each lot for development shall submit separate landscaping plan as a pan of the site plan review process. All open spaces and non-parking lot surfaces (outlo0 shall be landscaped, or covered with plantings and/or hwn material. 2. Outdoor storage is prohibited. The master landscape plan for the Target PUD shall be the design guide for all of the specific site landscape developments. Each lot must present a landscape plan for approval with the site plan review process. Chanhasscn Retail August 17, 1994 Update 9/2O/94 Update 10/5/94 Page 13 e Loading areas shall be sonmned from public right-of-waya. Wing wall may be required where deemed ~ o FINDING: The applicant has prepared a landscaping plan for the dc-velopnamt. Such plan exceeds the minimum landscaping requirement for tree q-nntities. However, to maice the plan meet the higher PUD standards some minor luvisions ~ necessary. The applicant shall revise the landscaping plan to replace the pin oak with red oak (Quercus rubra) and provide one bur oak (Quercus macrocarpa) in the landscape area on the south side of the site entrance. The applicant shall install nn aerati~ation tubing, see figures 11-2, if sepma~ inignfion is provided, or 11-3, if separate irrigation is not provided, attached, in each peninstt~ or island type landscape area less than 10 feet in width. g. Sipul~e One freestanding pole sign be permitted for Target and one for the other buildings in Outlot B. All buildings in Chariot B should be limited to monm'nent signs. Each property shall be allowed one monmnent sign ~ near the driveway into the private site. Monm'nent signage shnll be subject to the monutnent standards in the sign ordinance. o Wall signs are permi~ on no nmr~ that 2 street frontages. The total of aH wall mounted sign display areas shall not exceed ~ (153 percent of the total area of the building wall upon which the signs are moun~ 3. Atl signs require a separa~ pem~ o they shall not be solely mounted on a pole of a foundation. FINDING: The applicant hns met the intent of the PUD mndards for the site. However, the applicant is permitted wall signs on only two walls per building up to a maxinmm of 15 percent of the wall area. Taco Bell and Perkins elevations shall be revised to comply with Chanhassen Retail August 17, 1994 Update 9/20/94 Update 10/5/94 Page 14 this condition. In addition, only one pylon side is permiu~i for the three lots. Each parcel may have an individual monument sign on their lot. The applicant shall incorporate individual dimensioned letters within the development. Monument and pylon signs shall be a wlnimum of 10 feet from the property line. The Piannina Commission reviewed the Si~na~e package on September 21, 1994, The Pi~mnina Commission auuroved the si~n oackame lubiect to the site ulan avuroval conditions and the followina additional conditions: 1. No backlit ownings. 2. Signage for Taco Bell shall be limited to the north ired e~ facia. 3. No brightly colored ~triping or bands ~ball be oermitted. h. Lighting Xe Ali light fixtures shall be shielded high pressure sodium fixtures. Light level for site lighting shall be no more than ½ candle at the property line. This does not apply to street lighting. 2~ Glare, whether direct or reflected, as differentiated from general illumination shall not be visible beyond the limits of the site from which it originates. Lights shall be on a photoelectric cell to turn them on and off automatically as activated by yearly conditions. 4. Light poles shall be Cortex, shoe box light standards. FINDING: The development complies with thc lighting requirements established in the PUD. Lights shall incorporate photoelectric cells for automatic activation. PLANNING COMMISSION UPDATE The Planning Commission met on August 17, 1994 to hold the public hearing for Subdivision //94-9 for Chanhassen Retail Center 2nd and 3rd Additions and voted for preliminary approval subject to staff conditions by a vote of 5 to 0. The Commission also held the public heating for the site plan review of the Perkins and Taco Bell sites and voted for approval subject to staff conditions and additional conditions added by Commissioners by a vote of 3 for and :2 against. The 2 votes against approval were due to the fact that the required revisions to the site access would cause a change to thc parking lot layout and traffic circulation that could not be evaluated at that time. The majority of the Planning Commission felt that staff would August 17, 1994 Update 9/20/94 Update 10/5/94 Page 15 adequately address any revisions and that if si~ifieant changes were proposed, the issue would be brought back before the Planning Commis,lon. The applicant has revised their sit~ plan to inccupora~ the southern access since the Planning Commission reviewed the plans. The Plannine Commission reviewed ~e Si_ona_~ tm~Ckn_oe on September 21, 1994. The Plannine Commission auvroved the sin Dackafe subject to the sile vllm 81)vmvid oonditions and the following additional conditions: !. No backlit awnings. 2. Si~nate for Taco Bell shall be Hmited to the north and east facia. 3. No briahtly colored striuinn or band~ I~lmll ~e p~rmi11~, RECOMMENDATION Staff recommends that the City Council adopt the following motions (revisi~ to the conditions based on staff review of the revised plan are in boki): Subdivision conditions of approval "The City Council approves 92-5 PUD for the prelim/nary and final plat for Chanhassen Retail 2nd Addition and Chanhassen Retail 3rd Addition as shown on the plans dated July 2.5, 1994 and subject to the following conditions: le Developer shall petition the City to vacate the old West 78th Street right-of-way which u'averses the overall sil~. 2. The following easements shall be dedi,r~m:d on the final plaU Thc existing drainage and ~ easement obta/ned with the underlying plat of the West Village HeiSts 2nd Addition shall be ~ These easemm~ An additional 20-foot wide drainage and utility easement shall be grant~ along the south line of the Nreviously ~ West Village Heights 2nd Addition drainage and utility easement Chanhassen Retail August 17, 1994 Update 9/20/94 Update 10/5/94 Page 16 . It appears that the northwest corner of the Taco Bell building would encroach into the proposed 20-foot drainage and ut,IiW easement and be approximately S-feet south of the existing buried phone cable. The developer shall obta/n approval from the phone company for this condition and if obtained, a subsequent encroachment agreement shall be executed for this condition. . Provide a permanent landscape easement over the northern 8 feet of the e~rn 170 feet of Lot 3, Block 1, Chanhassen Retail 3rd Addition. . The developer shall supply the city with a financial escrow in the amount of $$,000 to guarantee boulevard restoration and protection of the city's infrastructures. The financial escrow shall be in the form of a letter of credit or cGsh escrow." Site Plan Conditions of Approval "The City Council approves site plan ~)4-6 as shown on the plans dated September 6,1994 subject to the following conditions: . Developer shall be responsible for obtaining all necessary agency permits associated with the development of this site including but not limited to watershed district, PCA, MWCC, Health Department. e All proposed storm sewer and sanitary sewer and water services within the site are considered private and shall be maintained as such. The sizes and types of lines shall be labeled on the plans. . Developer shall submit to the City Engineer drainage calculations and a drainage map for the entire site showing areas and quantity of flow to the Target pond and to the County Road 17 pond that are consistent with capacities of the existing storm sewer systerm 0 Developer shall indicate any quantities of borrow material and/or main'iai to be hauled off site including a proposed haul route. . Developer shall be responsible for all costs associated with protection of the existing public utility facilities within the overall site. Developer shall also differentiate on the final site plans which lines are public and wMch are private. Chanhassen Retail August 17, 1994 Update 9/20/94 Update 10/5/94 Page 17 o for the use of the common driveways. e The developers shnll enter into a sit~ developtmnt conlract with the City and provide the necessary finan~ security to goarant~ comp~ with the trams of approval o Construction access to the parcel shah be from the existing Target driveway and not West 78th Street or Powers Boulevard. The applicant and/or conunct~ shall install and maintain a gravel construction entrance until the access driveway is paved with a bituminous sttrf~. o Trash enclosures shall be architectm-ally compare with and of the same nmtmials as the principal ~. Tras~ enclosures shall also be vegetatively screened from aH fight-of-ways. 10. A Linden, either greensplre or littleleaf, shall be planted within the permanmt landscape easement to replace the two ornamental trees being removed along West 78th Street. 11. The applicant shnll revise the landsenping plan replacing the pin oak with red onk (Quercus mbrn) and providing one bur oak (Quereus nmcroenr~) in the landscnpe nren on the south side of the site entrance. 12. The minimum peninsular landscape island width is 8 feet. One tree per each 250 square feet or fraction thereof of landsca~ area. Each landscaping island must be a install an aeration/irrigation tubing, see figures 11.2, ff sepnrnte irrign~ is provided, or 11-3, if sepnrnte in*lgatlon is not provi~ allached, in each peninsular 13. The applicant is permitted wall signs on only two walls per buil~g up to a maxinmm of 15 percent of the wall area. Taco Bell and ~ elevations shah be ~zvised to parcel may have an individual monmncnt sign on their lot. The appfleant shall ineorpornte Individual dimensioned letters within the develop~L Monument and pylon signs shall be a minimm of 10 feet from the property line, no ~u~dit awninlm are allowed, siumtR~ for Taco Bell $1mll be flmlted to facia, and no briehfly colored striuine or banfi~ sh~..ll be Chanhassen Retail August 17, 1994 Update 9/20/94 Update 10/5/94 Page 18 14. Fire Marshal recommendations: Additional fire hydrants will be required. Contact the Chanhassen Fire Marshal for exact locations. Relocate the fire hydrant from the perimeter landscape area north of Perkins to the landscape ishmd e~t of Perkin~ Add an additional hydrant on Lot 2, Block 1, north of the proposed future restaurant. bi Install "No Parking Fire Lane" signs and paint curb yellow in designated fire lanes. Contact Chanhassen Fire Marshal for exact locations of signage and curb painting. (See attached schematic) A ten foot clear space must be maintained around fire hydrants, i.e. street lamps, trees, shrubs, bushes, NSP, NW Bell, cable television transformer boxes. This is to ensure that fire hydrants can be quickly located and safely operated. Pursuant to Chanhassen City Ordinance Sec. 9-1 The landscaping plan for Taco Bell, Perkins, and Lot 2, Block 1 shall be compatible with the final landscaping plans that the City implements for Outlot A. 16. Staff and the applicant will develop a pedestrian walkway system with~ the development and from West 78th Slxeet. A $' wide concrete sidewalk shall be provided along the eastern property line from West 78th Street to Ouflot A. The sidewalk shall meander around the landscape being provided on site. The planting bed being displaced in the northeast comer of the site shall be improved to provide an entrance feature for the sidewalk. The final design shall be ~ubject to staff review and approval. 17. The sign package must come back m the Planning Commission for approval. The applicant is permitted wall signs on only two walls per building up to a maximum of 15 percent of the wall area. Taco Bell and Perkins elevations shall be revised to comply with this condition. In addition, only one pylon side is permitted for the three lots. Each parcel may have an individual monument sign on their lot. The applicant shall incorporate individual dimensioned letter~ within the development. Monument and pylon signs shall be a minimum of 10 feet from the property line. 18. Either provide stormwater pass-through openings in the bottom of the Perkins' trash enclosure, reduce the size of the enclosure, or move the enclosure west to Chanhassen Retail August 17, 1994 Update 9/20/94 Update 10/5/94 Page 19 permit stormwater to flow unimpeded into the morro sewer/retch basin located in the comer of the parking area. 19. Increase common driveway aisle from 2S feet wide to 26 feet wide bce to face and align the access omo Target lane with the existing curb llne in the TaFget parking lot," AT~A{~NT~ le 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. Development review application. Target PUD agreement. Memo from Bill Wechnan, C. arvcr County dated August 8, 1994. Memo from Dave Hempel and Diane Desotelle dated August 10, 1994. Notice of hearing and property owners. Prelimina~ plat and site plan. Plann~g Commission Minutes of 8/17/94. Fire Signing Schematic Figure 11-2 Figure 11-3 Tree Guide, from A Guide to Field Identification: Trees of North Ameli~t~ C. Frank Brockman, Western Pub]i,hing Company, luc., 1986. Reduction of original site plan. City Council Minu~ of September 26, 1994. Revised site plan dated Septe~nl~r 6, 1994. CITY OF CHANHASSEN 690 COULTER DRIVE CHANHASSEN, MN M317 (612) $37.19oo DEVELOPMENT REVIEW APPLICATION ~PPLICANT~Rya.n_~ies of Mirme~Qta OWNER: City of ~nha~n~ ._ ADDRESS: 700 'l'n~.ern;f-.t n~ 1 · _ 900 Second Ave. S. H.tTmea_no]~, TELEPHONE (Day time) 336-1200 TELEPHONE: 937-1900 1 1 1 · e Comprehensive Plan Amendment Conditional Use Permit ! ~mdln~t~oavatlon Pe~lt Intedm Use Permit I 11~ Vacation of ROW/Eoements 12. Vadance 13. Wetland Alteration Permit 14. Zoning AppeaJ 5.. Planned Onit Development 15. Zordng Ordinance Amendment 6. Rezoning i 7. Sign Permits 8. Sign Plan Review i g. X Site Plan Review 10. Subdivision I 16. X Prelim/nary and Final Plat ' , Notification 81grin ? : ~ ~ ii X Escrow for Fillng FeeNAttomey Colt" ·: ..' .~.-~ $100- CUP/SPF[/VAC/VAR/WAP 1400 Miner SUB,~Vletee & Boun~ · i TOTAL FEE $ ~ A Ilat of all property owners witNn IIX) feet of ~e boundaries of the property muat InCluded with the application. · Twenty-slx full size foldoql, copies of the plans mum be aubmltted. 8T~" X 11" Reduced copy of transparency for each plan ' NOTE - When multiple applications are processed,"bSe appropriate fee shall be charged for each application. "Escrow will be required for other appllcaflon~ through the cleve~opment contract JUL-lB-S4 liON 15:07 RY~I O01~PhN1E$ ; ?-18-9~, ; I:$?PJl; FAX NO, 812+337+5552 ~I) ~33 ll))~ II:NNIAPOL!$, P, 03 · · _ _ -- DESCRIPTION_~e~t~.ne~M__ _ ,, ,. -- -- i pjm -m I · · I m I PRE$ENT 2:0NING FLEOUE~'I'ED ZONING PmE~ LAND USE DBSIGNATION ' Vmc~n~ RF. OUEGTItD LAND I.~E DF~IONATION- _r~m~___re%nt__~m~au~*n~. mr~ ptlm~ mqu~r~ by m~tle, mble OW Ordlnm~ ~,ov'mlore: Bel~m tgino gae ~n, you ~ould cod~ wtll~ I~ I will keel) fr~.ff iflform~ of tho d.ad~rHm f~r m~~n M ~~ i~ ~ ~ ~ ~ ~ I ~r Ap~lr~m~ PieGehm, d on ...... Fee Paid_ ,, _ .... Reaa4pt No._ , · ~ Ipplloint ~h~uld c~rrdot e~ ~or · inept of 1he MM/N~rt Wh)eh wig ~ iwIMaMm on Fddly prior to the re#ting, ff not ;enraged, i ~oi~ of ~ reT)on wtTi N ~ to the qqdloe~'e ado're~ : Outlot B: Chanhassen Retail Narrative Document APPLICATION FOR APPROVALS OF PRELIMINARY PLAT AND SITE PLAN July 18, 1994 Prepared for City.of Chnnhnssen, Minnesota Developer: Rynn Construction 700 International Centre 900 Second Avenue South Minneapolis, MN 55402 (612)3;36-1200 Prepared By: .. RLK Associates, Ltd. 922 Mninstreet Hopkins, MN 55343 (612)93;3-0972 -.-..-. . . · Outlot B: Chanhassen Retail Narrative for Preliminary Plat and Site Plan Approvals July 18, 1994 -o SUMMARY -.. . . . · . . · The site currently forms OUTLOT B Of PUD ~Y24. This PUD. includes the Target site and Outlot B. The l~r0posal is for the replatting of Ouflot B into four lots; three buildable lots and an outlot to remain under Ci~ control. The remaining outlot essentially surrounds the building lots along Hwy. 5, Powers Blvd., and West ?gth St. 'Two of the three building lots are proposed as sites for nL, w restaurants. The third building lot is · reserved for furore development. · This submittal package comprises the applications for prelimi~ plat and site plan approvals. '- -. SITE DESCRIPTION The site includes approximately 4.62 acres of undeveloped land surrounded on three sides by existing roads: Hwy. 5 on ~the south, West 78th St. on the north,.and Powers Blvd. on the west. The Site plan, supporting plans, and Preliminary Plat included in this submittal packet show the site location, site layout, and design details necessary for site plan approval. The respective areas of the proposed lots are as follows: ; .. Lot 1 (Perkins) . 1.37 acres Lot 2 (furore) 0.95 acres Lo~ 3 (Taco BdO 0.84 acres Outlot B 1,46 acres 'TOTAL 4.62 acres DEVELOPMENT STANDARDS . · .-. Intent .. - .-~ : .. · . .. The intent of the PUD is to promote high-quality commercial'development.' Specific guidelines and standards for the development of Outlot B are listed in the existing PUD.' For example, ali utilities are to be u .nderground, building materials shall be high quality and durable masomy, and pitched roof lines are required on Ouilot B. These and all other requirements of the PUD will be met by the proposed development. The future '--. development on Lot 2 will be required to undergo individual site plan review when an appropriate restaurant is found for that lot. These and other intents and purposes of the PUD are met by the current proposal. .. · Outlot B' Chanhassen Retail page 2 Permitted Uses Uses recommended for and allowed in the PUD include standard restaurants and fast food restaurants. Not more than two fast food restaurants are to be permitted in Outiot B. The current proposal is for one fast food restaurant and one standard restaurant. The fast food restaurant drive through will be buffered from public views as required. Uses included in the proposal are permitted in the PUD. .Setbacks The following setbacks are required: Building Setback Parking Setback West 78th St. 50 feet 20 feet Powers Blvd. 50 feet 20 feet Hwy. 5 50 feet 20 feet These setbacks will be met. Development Standards Table Lot Area No. of ~ldg. Parking lmpers: (acres) Bldgs. Area (sO F.A.R. Stalls Surface Lot I (Perkins) 1.37 I 5000 0.08 97 Lot 2 (future) 0.95 I 3400 0.08 , , 57 Lot 3 (Taco 0.84 I 1800 0.05 34 Bell) Outlol B i.46 'ha no na na TOTAL 4.62 3 10.200 0.05 188 68% The proposal falls within the PUD maximum for.impervious of 70°4. The overall F.A. IL is a low 0.05. Buildinlz Materinls and Design All building facades will include an assortment of roclfface concrete.block, Dryvit, and tinted glazing using colors which are cohesive with the existing Target building. The roof lines will be sloped in accordance with the City of Chanhassen requirements using either standing seam metal or asphaltic shingles. The Taco Bell building .will use concrete tile Outiot B: Chanhassen Retail page 3 . - . . rather than asphaltic shingle~. Details can be ~ on the building elevation ~heet~ included in this submittal packet. . . -. .' Lnndscnnint nnd ScreeninR .. = .. - -. -. .- A preliminary landscaping plan is pan of this submittal i~et. The plant materials ' ' specified are consistent with the quantity and type of materials currently existing within the Target parcel to the.east. The landscape plan will unite these two parcels with a uniform plant material palette. .' · Sii~nnlze .- '- -- Each lot will have one monument sign. One freestanding pylon sign for all three lots is included in the proposal. These signs comply with the PUD signage requirements. Ail PUD and applicable sign ordinance requirements will be'met. Refer to the site plan for signage locations. Refer- to the building elevations for sigriage proposed on the individual · buildings. ' .. · - ! . . Li2htin~ . .: A preliminary lighting plan is included as pan of this submittal packet. Lighting intensity at the property lines will be I/2 foot candle as required in the PUD. At locations where. the property abuts with West 78th St: and Target Lane,' the light levels will match the .. existing light level at the property line. -- " STREETS AND ACCESS -. . · The site is surrounded by three major collectors: 'Hwy. 5, West 78th St., and Powers Blvd. Access to the site Will be from Target Lane only. Trnfflc will access Target Lane. from 78th St. No other access is prop?.sed:- .-. . . .. . . Traffic lights exist at. Target Lane/78th, PowersF/8th, and Powers/Hwy. $... The traffic study prepared for the area by a City consultant was based on complete development of the area for commercial uses. Projected traffic Would not exceed the design mpa.city of theroads. .. -. ,. .,.:. .. ., . · . . . Pedestrian access to Powers'Blvd. and downtown'will be'~rovided via'a'sidewalk located on the south side of West 78th Si." ' ' ' ":'-: ' : '-- ...-. . .. · x =. . .. . . · Outlot B: Chanhassen Retail page 4 GRADING AND DI;tAINAGE A preliminary grading plan is included in the submittal packet.. The grading plan was designed with the site balancing for cut and fill. A final take off for quantities of earth to be moved is not yet known. ." .: , .. ... Drainage will be southeast to the e~sting stormwater pond constructed for the Target store located on Outlot A. This pond was designed to handle and treat to NURP standards the runoff, from the Outlot B site as'well as the Target site. The current p,'oposal may require additional review by the Riley Purgatory Bluff Creek Watershed District. UTILITIES ' Prelin:in~'3: utiSty p!ans .a. re pa,~ ,3.*',,he submittal p,..eket. Water m'td'se~ver are available to the site. Nc reiocatien of lhe sewer line' or water trunk line will be necessary, ~s comen:plated in earlier reviews ofthis site.. I!111Iili Il! / I I '1 · c -.f .... ir-___. iBLVD~ ii -t I I J i · I '" --" "~';. .'-,,, ' ,,.'~1~ ~' ; "' . § f, ....~. ~ .. -,,~.' -.-..-,~., , "*.ItB~t~ ~.: · J , ,,, -'--~..... '""~ .' /" ., ~. ,.~.~-IZ~ .... ~ ...... t ......... ' ' / ' / ' / -',,~ '~ · i , · . .... '( , ~ .i i ' .... -7- ....... /,~/ /..,, ; ~:-~---.-_~... ,_ ;. , , ' ] ,~ " ' ,- -:" ,~' ,, ;; !1 I'" ,,,- i , ., / ~' / / ,_ ..... ~ .,~" :!' .,, ,; ... / ! / / .~' //x.'./~-~, ".~!, ,.,, D. , :ii_ -, .~.-,, - ,.. / '/ ,,,,~_ II~L~ ,~,~..;,:,~l~ ~ -, / / / / ,.-.......-._ ! ,._. lr,~gI L.--__.--._.L-...--... .... ~.':"7 ",..~.~ t' ! · ............... ' ..... 5> g r-----r- · ! i_~1: Iij '""- - ,' !1 ! !ili ~'-,,-... 2-'-'..". ;7"~ '-, ,/,' :: '~"' L. ':.'~'::"-~'-.'~. ~:"~". _,~_ . ~. · ..'..- -. '...: '~..' -- :,.,Z.T.~ ~./.~.~.,,~;._',.4.,'--?.,-'.:...,-.· ~' ~ /, ::- '.:' '-'." :' -: "-I' .:'...-'~. ' 2-."._., ':.' -:'-..-. I":..:". './ .' /' '~.,~'.' :,-".... :, -; '.-'. '-':. ~: I'.'.'-:: '~, / - ,' .,~D'IFI~ .... /'"' .:' '-';'"'-'-..:: :~'-:~':-.. 2.'/ ! . - .. .'.":. ..' ",,.... '.. ~.. .-. .. _, -.' · .~ .... .: -.- . d':. -'.:. .'-. .. ..: ~.-'.'-', .-',I ' - :..:-..-' .:..: ~... ~..' :~..~.. '~ .:.- / /.' ~' / ,.7'~ ~ i .I ~.~-h l~r :" ~'' ·; .. :" ':' .:' "..'"3' ~'.. ~ ) ! ~,~ "'' ' ' ~'~' '~ " ' ' i 4' / 5.:~ '":- --~ ,-'-- .- / ! ., ~l ?// :1 -.-- -- ~ , ~ ,/11 I, ' /// II ¢0] .~H~EKEHT dated OctOber 26 , 1992, by, be~een, and amon~ Y ~'.~g~, a ~~o~a ~cSpa$~ co~orat~on (h&re~fter . e~ to as ~e 'C~y~) ~ 'and ~~ ~SO~ ~R~~O~ a po~on, and B.O. ~~ ~~CE ~ ~~ ~~Z~ husband , · (~ere~nafter colle~[vely refe~ ~o aa ~e "~va~op~"). . · . ~.. ~e~est ~o= ~p=~a~. ~e ~elope= has asked ~e C~ty ~o r~ 'a pSa~ed ~ developer ~or ~e land legal$y descrLbed 'o~ . . ~. ~ond~t~ons o~ App~l. ~e City h~y ~~ts ~D a~prov~ conditions set £or~h in'this Aqraement. ,~. Development Plans. The PUD shall be developed Ln accordanop · · the following plans. The plans shall not be attached to · ee.~. eat. :Z~ the plans vary from the vz'~!:ten terms of this Ac~ee,~er~, ! Conditions listed Ln Staff ~epor~ dated s.a~e~ber 2~. , i ~992, at~ached hereto as Exhibit "B". ' B. Site plan datod Assoc£at'es Ltd. ~repared by PJ~ Co Landscape plan dated _ ~ove_mber e , X~92, prepared, bM . I D. Plat of Chanhassen Retail Addition. . : 4. Boning. Except as modified by ~his Aqreenant, BG, General . : _, Lfl4ss Dlstric~ zoning, u ~ay be amended f~om tine ~o time, shall ~ · · · ! · -' $. Additional ~pz~vaXs. Prior to develo~mmn~, the £ollowing : it~onal approvals are required. This list is not inclusive and dc~s ' · ~ .. not ex~pt the l~veloper from any o~her requirmaents ~nposed by statutes, rules, or ordinances. Required approvals include: &. PUD requirements in the City's zoning ordinance. Be Preliminary and final plat approval for Outlet B, Chanhassen Retail Addition. C. Site plan approval for each lot, except Lot 1, Block Chanhassen Retail Addition which has been approved. ~. &lloved Uses. The follovtng uses are perattted vtthin the * Day Care Center * Standard Restaurants * Retail * Financial Institutions, including Drive-in Service * Newspaper and Small Printing Offices * Veterinary Clinic * Offices * Health Care Facility * Garden Center (completely enclosed) * Bars'and Taverns, if not more than 40% of gross revenue is derived from the sale of intoxicating liquor * Fast Food Restaurants on Outlet B, Chanhaseen Retail Addition (a maximum of two] Except as provided above, all other permitted, conditional, and interim uses are prohibited. 7. Building Materials and Design. All buildings within the PUD shall conform to the following requirements: Ae All materials shall be of high quality and durable. Masonry material shall be used. Color shall be introduced through-brick or colored block or panels. Painted surfaces shall be allowed only on Lot 1, Block 1, Chanhassen Retail Addition. Block shall have a weathered face or be polished, fluted, or broken £aoe. Ce Concrete may be poured in place, tilt-up or pre-cast, and aha11 be finished in stone, textured, or coated. D, Metal standing seam siding nay only bo used as support material to one of the above uatsrials, curtain wall on office components, or as a roofing material. F. All accessory structures shall be designed to be compatible wi~h the primary structure. All ground mounted equipment, trash storage, etc. must be fully screened by compat£ble masonry walls. All roof mounted equipment shall be screened by pitched roofs, except for Lot 1, Block 1, Chanhassen Retail Addition;'eha11 have a parapet wall for screening. Wood screen fences are prohibited. Screening shall consist of compatible materials. G. All outlets shall be designed with similar material and colors as the building on Lot 1, Block 1, Chanhassen Retail Addition. H. All buildings on Outlet B, Chanhassen Retail Addition, shall have a pitched roof line and use architectural themes consistent with each other, the building on Lot 1, Block 1, Chanhassen Retail Addition, and representative of the Chanhassen CBD. 8. Landscaping and 8oreenLng. Development within the PUD shall conform to the following requirements'. Ae Each lot within the PUD must have a landscaping plan approved by the City as .part of the site plan review process. B~ Ail open spaces and non-parking 'lot surfaces shall be landscaped, or covered with plantings and/or lawn material. ¢. Outdoor storage is prohibited. De The master landscape plan for LOt 1, Block 1, Chanhassen Retail Addition, shall be the design guide for all of the specific site landscape developments. Each lot must present a landscape plan for approval with the site plan review process. Loading areas shall be screened from public right-of-ways. Wing wall nay be required where deemed appropriate. F. Outlet B, Chanhassen Retail Addition, shall be seeded and maintained in a weed free condition in all areas proposed for future development. Tree preservation areas shall be clearly staked and marked by snow fence. Prior to the start of grading, City staff may require minor revisions to grading including the potential use of retaining walls, if it appears that tree preservation will benefit. Protected trees lost due to development activity shall be 3 rxx/og/g2 replaced on a caliper inch basis in accordance with plan. approved by City etaff. Exterior signage in the PUD is limited to the following= A1 Lot 1, Block 1, and Outlet B, Chanhassen Retail Addition, are each allowed one pylon sign. Bo Each lot shall be allowed one monument sign located near the driveway into the lot. Monument. signage shall be subject to the monument Standards in the sign ordinance. C. Wall signs are permitted on no more than two (2) street frontages. The total of all wall mounted sign display areas shall not exceed fifteen percent (15%) of the total area of the building wall upon which the signs are mounted. Di The signage must have consistency throughout the PUD and shall tt~ the building materials to be consistent with the signs. This includes freestanding wall and monument signs. Signs shall be an architecture feature, they shall not be solely mounted on a pole of a foundation. . Consistency in slgnage shall relate to color, size, materials, and heights. F. Sign permits from the City are required for each sign. Go Temporary signs are allowed if consistent with the City sign code. Lighting. The following exterior lighting standards in the PUD shall apply.' A1 B. C. D. All light fixtures Shall be shielded high pressure sodium shoe box fixtures. Light level for site 1.ighti~g shall be no more than 1/2 candle at the property line. This does not apply to street lighting. Glare, whether direct or reflected, as differentiated from general illumination shall not be visible beyond the limits of the site from which it originates. Lights shall be on a photoelectric cell to turn them on and off automatically ss activated by yearly conditions. Light poles shall uae shoe box light standards. 11. Special Provisions. PUD development shall also comply with the following special provisions= A. All buildings on Outlot B, Ch.nh.seen Retail Addition, shall have a pitched roof. B. The City lay require · revised oonoept'plan for Outlot B, Ch.nh.seen Retail Addition, depending upon the alignment for West 78th Street. C. The impervious surface for the entire PUD shall not exceed seventy percent (70%). All site plans and development shall be consistent with this requirement. X2. Representations b~ Developer. 'The Developer represents to the City that the PUD and its development will comply with all city, county, metropolitan, state, and federal laws and regulations, including but not limited to= subdivision ordinances, zoning ordinances, environmental regulations, the Federal Clean water Act, and the applicable Minnesota statutes and regulation, regulating wetlands. If the City determines that the PUD does not comply, the City may, at its option, re~use to allow construction or development work in the PUD until the Developer does comply. Upon the City's demand, the Developer shall cease work until there is compliance. 13. Changes in o££Aolal controls. Unless the Developer has materially breached the terms of this PUD permit, for two (2) year. from the date of this Agreement, no amendments to the City's Comprehensive Plan, except an amendment placing the PUD in the current metropolitan urban service area, or official controls shall.apply to or affect the use, develcpment density, lot size, lot layout or dedications of the approved PUD unless required by state or federal law or agreed to in writing by the City and the Developer. Thereafter, notwithstanding anything in'this Contract to the contrary, to the full extent permitted My state law the City may require compliance with any 6;.6 s z~3.x/og/g2 amendments to tha City's Comprehanstv~ Plan, official controls, platting or dedication requiremanta enacted after the date of this Agreement. 14. mesponstblllty for easts. A. The Developer shall hold the City and 1ts officers, employees, and agents harmless from claim~ ~ade by ttself and third · parties for damages sustained or costs incurred resulting from PUD approval and development. The Developer shall tndemni£y the City and Its officers, employees, and agents for all cost~, dmges, or expenses which the City may pay or incur in consequence of such claims, including attorneys' fees. B. The Developer shall reimburse the City for costs incurred in the enforcement of this Agreement, including reasonable engineering and reasonable attorneys' fees if the City prevails. C. The Developer shall pay in full all bills submitted to it by the City for obligations ~ncurred under this Agreement within forty-five (45) days after receipt. If the bills are not paid on time, · the City may halt PUD development and construction until the bills are paid in full. Bills not paid within forty-five (45) days shall accrue interest at the rate of eight percent (8%) per year. (SEAL) m xx/om/mm PUBLIC WORKS DEPARTMENT (612) 361-1010 FAX (612) 361-1025 August 9, 1994 COUNTY OF CADVEi CARVER COUNTY COURTHOUSE 600 EAST 4TH STREET, BOX 6 CHASKA, MINNESOTA 55318 ":~'""' ~-~ 1994 Ci'l f Oi- TO: FROM: SUBJ: Robert Generous, Planner II · Bill Weckman, Assistant County Engineer Chanhassen Retail Center- Taco Bell Planning Case: 94-9 SUB and 94-6 SPR We have reviewed the information submitted by your memo dated July 20, 1994 for the Chanhassen Retail Center proposal located north of TH5 and east of CSAH 17 (Powers Blvd). The proposed development will not Impact the County Road system. The development occurring as part of this proposal does abut the County Road right of way. The developer should be advised that no direct access to CSAH 17 (Powers Blvd) will be permitted. Thank you for the opportunity to review this proposal. Affirmative Action/Equal Opportunity Employer Printed on Recycled Paper Contains Minimum 10% Post Consumer Waste CITY OF 690 COULTER DRIVE · P.O. BOX 147 · CHANHASSEN. MINNESOTA 55,317 (612)'937-1900 · FAX (612) 9,'37-5739 MEMORANDUM FROM: Housing and Redevelopment Authority Todd Gerhardt, Assistant Executive Director DATE: October 13, 1994 SUBJ: Consider Approval of the 1995 Budget Attached for the HRA's consideration is the have also included the revenue and The commentary section of the budget role and responsibility of the HRA. The associated with the key personnel and capital improvement projects and Plan, Vision 2002 Study, senior hou,, landsca~ for banners and the HRA's of the 4th Festival. Staff will be prepax~ Th.ur..sdii~ night to a~swer any proposed budget and would propose npprovs~ of the 1995 · ~-.. :'i 1995 Budget (see A__tt~c-hrr~-nt #1). I e debt s~rvice transf~ for your review. i !9~ operatio~ budget outlines the corn se~fic~s~eeded to adminis~ each of the ects the ~ has taken on (Highly 5 Corridor ~, etc.). I have also included money ~uly Festival ~ma ~~ the HRA may have on the as presented. CITY OF CHANHASSEN 1995 BUDGET Commentary Tax Inorement Dl~rlct #1 General Comment: This fund is Included In the 1994 Budget for notational purposes only. This operating budget, per state law, is officially adopted by the Housing and Redevelopment Authority. Should funds be necessary over and above the tax increments generated within the district, or should the HRA propose to establish a general level of taxation/require bonding, their budget would require action by the City Council. As City personnel maintain the accounting records for both the HRA as well as the City funds, one soume document Is desired to review overall accounting activities. Revenues/Expenditures: The Housing and Redevelopment Authority adopts a yearly work program which outlines in detail the specific revenue/expenditure levels proposed for the current year. The HRA's "Revenues, Expenditures, and Cash Flow Analysis" describes the specific revenues/expenditures shown In the budget book and is hereby adopted by reference. Generally, Fund 460 acts as the parent fund to control the numerous activities currently being engaged in by the HRA. For example, the Housing and Redevelopment Authority has underwrttten the expenditures associated with various public Improvement projects within the downtown area and business park. Each of these projects are a separate fund In and of themselves. Each fund requires a specific debt payment to be paid each year during the course of the next 5-10-15 years. Recognizing that Fund 460 is the parent fund, all tax increments are receipted into this master fund. Slmilariy, all current and future debt transfers are shown within the parent fund as a proposed transfer out in the year necessary to =over the expenditure associated with that particular project. In addition to making payments for debt service funds, the parent fund also accounts for payments made as Incentives to businesses locating within the community, paying administrative costs associated with the Housing and Redevelopment Authority, and completing acquisitions of parcels within the downtown area In accordance with the Redevelopment Plan. Prior to the formation of Tax Increment District No. 1, less than 1% of Chanhassen's valuation was commerclaFIndustdal. Today, nearly ~ of the valuation is commercial/industrial. By the time the district ceases it is anticipated that at least 30"/,, to ~ of Chanhassen's total valuation will be commercial/industrial. This diversification wtll significantly benefit Chanhassen's ability to meet future local needs while not creating a tax burden during the period that the valuation is being generated. Expendlturea: Personal Services & Commodities represent a proportional share of the associated costs of the "key personnel" involved in the general and financial administration of the fund. The percentage allocations are: City Manager 2(P/o Planner II 25% Ass't City Manager ,50% Planner II 75% Office Manager 2(fi= Treasurer 20% Planning Director 20% Finance Coordinator 10% Planning Secretary 20% Planner I 25% City Engineer 10% 4130 Computer software. 1995: Vision 2002, Landscape Entries, Relocation Services, Soil Bodngs, Plating for Outlot B Retail Addition, ADA Compliance Report. Senior Housing, Moderate-Cost Housing Alternatives. 4375 1994: Banners for February Festival and Fall ~attails"; February Festival Fireworke; 4th of July Plonk=. 1995: Banners for Christmas, Spring and Summer; February Festival Fireworks, 4th of July Picnic. 4703 1994: Computers for Assistant City Manager and 25% of the cost for Planning Director. 1995: HRA's percentage of the GIS System. CITY OF CHANHAS~EN 1995 BUDGET TAX INCREMEHT DIS1~ICT Tax Increment DIItrlct ~1 DESCRIPTION 1994 1994 1995 I BUDQET RE-E~rlMATE BUDQET I REVENUE GENERAL PROPERTY TAX 3012 Tax Increment Receipls * TOTAL GENERAL PROPERTY TAX 4w757~93 4w757r293 5~150~000 4,757~93 4,757A93 5,150,000 OTHER REVENUE 3801 Interest Earnings * TOTAL OTHER REVENUE . TOTAL REVENUE 4,817p193 4~817,293 6,238,1~ REVENUE OVER/(UNDER) EXPENDITURE8 3,441~43 3,165~)52 3,748,653 TRANSFER TO DEBT SERVICE Develop Contract T.I. Bonds of 1988(Pking/Const) Taxable Bonds of 1988 G.O. Bonds of 1988 G.O. Bonds of 1989 G.O. TI Refunding Bonds 1990A Taxable T.I. Bonds of 1991 T.I. Bonds of 1992B T.I. Taxable Bonds of 1993A T.I. Bonds of 1993B T.I. Refinding Bonds of 1993E TOTAL TRANSFERS 53,700 0 0 85,172 85,172 82,055 277~75 277~75 311~350 635,67g 638,67g 581,237 838,556 838,556 517,071 271,755 271,755 273~805 169,875 169~75 214~75 313,138 313,138 309~e8 76,980 76~e0 76~80 FUND BALANCE FORWARD 182,20~ 182,20~ 18,~16 LESS REQUIRED RESERVE TOTAL RESOURCES OVER/(UNDER) MABIMTIES 0 0 0 CITY OF CHANHASSEN 1995 BUDGET TAX INCREMENT DISTRICT #1 Tax Increment Dlatrlct #1 ACCOUNT DESCRIPTION i 1994 1994 1995 BUDGET , RE-ESTIMATE BUDGET 4010 4020 4030 4040 4050 Salaries & Wages-Reg Salaries & Wages-Temp Contributions-Retirement Contributions-Insurance Workers' Compensation TOTAL PERSONAL SERVICES 126,100 128,100 132,000 6,000 6,000 6,000 15,600 15,600 16,500 13,000 13,000 11,600 ,1 ~000 . 1 ~000 , 1 ~000 161,700 161,700 167,100 4110 4130 il, Supplies-Office Supplies-Program TOTAL MATERIALS & SUPPLIES 1,600 1,600 1,600 2,000 21000 2~000 3,600 3,600 3,800 4300 4302 4310 4320 4340 4360 4370 4375 4380 4420 4510 Fees, Services Fees, Legal Telephone Utilities Printing & Publishing Subscriptions & Memberships Travel & Training Promotional Expense Mileage Admin. Fees (Overhead) Repair & Maintenance-Building TOTAL CONTRACTUAL SERVICES 40,000 120,000 50,000 6,500 20,000 15,000 100 100 100 1,000 2,100 1,000 1,600 1,600 1,600 450 250 250 4,000 3,000 4,000 10,000 10,000 10,000 100 100 100 75,000 75,000 75,000 2~000 200 0 140,750 232,350 157,050 4703 Office Equipment TOTAL CAPITAL OUTLAY 10L000.. 10~000 10~000 10,000 10,000 10,000 Special Assessment Pyrnts. TOTAL DEBT SERVICE .1 ~060~000 1 ~244~591 1 ~151~730 1,060,000 1,244,591 1,1 51,730 ** TOTAL TAX INCREMENT DISTRICT~I 1,376,050 1,662,241 1,489,480 CITY OF 690 COULTER DRIVE · P.O. BOX 147 · CHANHASSEN, MINNESOTA 55317 (612) 937-1900 · FAX (612) 937-5739 MEMORANDUM FROM: DATE: Housing and Redevelopment Authority Todd Gerhardt, Assistant Executive Director Octolx=r 13, 1994 SUB~: Update on Project Costs for the Pedexa/an Bridge At your .last HRA motrin§, staff was asked to to date for the construction of the pedestrian expended and estimated project costs: Listed below you will find the dollars Construction Items Embankment ('lYails, Construction D~gn (Design, Plans, Planning Grant Application .<./?-'"~ ~oto Image/M..odel'" L~gal :?:. ;.:, :: . :~,:..~. -. ~.-. Total ISTEA Contribution mi)ate $ 20,000 0 51,756 11,215 3,400 8,386 $ 120,000 515,000 93,500 15,000 3,400 8,386 87,000 $ 726,286 - 280,000 Total Contribution from the lIRA $ 566,286 CITY OF 7 690 COULTER DRIVE · P.O. BOX 147 · CHANHASSEN, MINNESOTA 5,5317 (612) 937-1900 · FAX (612) 937-5739 MEMORANDUM TO: FROM: Housing and Redevelopm~t Authority Todd Gerhardt, Assistant Executive ~ DATE: October 14, 1994 SUBJ: Consider Approval of a Ptm:hase Agreement with Dean 3ohn~n for Senior Housing As you know, the search for a senior housing site Ires been very difficult and that numerous sites have been considered and eliminated eithm~r, ause of location or costs. The ~ now under consideration is one that meets the obj~ of being close w the downtown, city hall and is competitive in price (see Attac~t #1~ ~ has been ~egotiating with Mr. Johnson for the past several months and now has agre~ to ~ terms and conditions of a purchase agreement (see Attaclunent ~2). The gen~~'ms ~ as follows: Key Elements ~the Agreement A~.:.-'~- ~ ~-. 2. The closing is set for April -t.~ 199:5. ·--::'i/-" 3. The HRA must cxeCUm':an amendmgnt to the Private,., edevelotma~t Agreement with ~ R. Johnson'Construction, Inc. based_on change~, his development and using the HRA 3 year Special.~~ Staff will be prep~ Thursday night to answer any que-stt~~flie~~e regarding this agreement .. SULff would recommend that the }IRA . attached purchase ~t and direct staff to make thc nccessa~ modification to the Private Redevelopment Agreemem with R. Johnson Conslruction dated April 12, 1994. Attachments . I. xxgation map Purchase Agreement REAL ESTATE PURCHASB AGREEMENT THIS AGREEMENT (the "Agreement") made and entered into this day of , 1994, by and between the CITY OF CHANHASSEN, a municipal corporation under the laws of the State of Minnesota, with offices at 690 Coulter Drive, Chanhassen, Minnesota 55317 (referred to herein as the "Buyer"), and DEAN R. JOHNSON CONSTRUCTION, INC., a Minnesota corporation, with offices at 8984 Zachary Lane, Maple Grove, Minnesota 55369 (the "Seller") . In consideration of the mutual covenants and agreements herein, it is hereby mutually agreed by Seller and Buyer as follows: SECTION 1. ~ALE AND PURCHASE OF 1.1) Seller shall sell to Buyer and Buyer shall purchase from Seller, upon the terms and conditions hereof, the following property (all collectively referred to as the "Subject Property"): 1.1.1) The land in Carver County, Chanhassen (the "City"), Minnesota, legally described on Exhibit "A" to be attached hereto and incorporated herein, together with all right, title, and interest in and to any roads or alleys adjoining or servicing such land, rights-of-way, or easements appurtenant thereto, and in and to any ditch, water, or riparian rights and claims appurtenant thereto. SECTION 2. PURCHASB PRICE 2.1) The purchase price for the Subject Property (the "Purchase Price") shall be One Hundred Thousand Dollars ($100,000.00) and shall be payable in cash or certified check by Buyer to Seller on the Closing Date as described herein. 18434 10/05/9~ BECTION 3. TITLE MATTEI~J~ 3.1) Seller, at its own expense, shall furnish to Buyer within twenty (20) days hereof a current commitment for the issuance of a 1987/1990 ALTA Form B owner's policy of title insurance (the "Commitment") issued by Title Company acceptable to Buyer ("Title") in the amount of One Hundred Thousand Dollars ($100,000.00), committing to insure that Buyer will have good and marketable title to the Subject Property, subject only to standard exceptions to title, matters to which Buyer may consent in writing, mineral rights reserved to the State of Minnesota, all easements of record, and a Development Agreement between Seller and the Buyer. 3.2) In the event any exceptions are listed in the Commitment for title insurance (except standard exceptions and matters which are consented to by Buyer), if the same results from any voluntary action by the Seller, the Seller shall promptly cause the exception to be removed. With regard to any other exceptions, if the Seller fails to remove the same within the time allowed for closing on the Subject Property, the Buyer shall have the right to terminate this Agreement. BECTXON 4. 4.1) The closing (the "Closing") shall be at a location designated by Buyer, and shall occur on April 1, 1995 (the "Closing Date"). 4.2) On the Closing Date, Seller shall deliver to Buyer possession of the Subject Property. Until possession is delivered to Buyer, Seller shall not make any material changes to ~,..~ 2 10/05/94 the Subject Property and shall keep the Subject Property in a neat and orderly condition. On the Closing Date, Seller shall execute and deliver 4.3) to Buyer: 4.3.1) A duly executed warranty deed, free from all exceptions to title except for standard exceptions to title and matters to which Buyer consents in writing. 4.3.2) A customary affidavit that there are no unsatisfied Judgments of record or tax liens affecting the Subject Property; no bankruptcy proceedings filed against Seller; no labor has or materials have been furnished to the Subject Property for which mechanic's liens may attach; and that to the best of Seller's knowledge there are no unrecorded interests relating to the Subject Property. 4.3.3) A certificate executed by Seller certifying that all representations and warranties of Seller contained in this Agreement are true and correct as of the Closing Date. 4.4) Seller shall pay at Closing all the general real estate taxes levied against the Subject Property due and payable for all years prior to the year of closing, together with any unpaid installments of special assessments due therewith ("Taxes"), and any Taxes deferred. General real estate taxes and the installment for special assessments against the Subject Property due and owing in the year of Closing shall be prorated to the Date of Closing. The remaining unpaid balance of special assessments assessed against the Subject Property shall be assumed by Buyer. 4.5) Seller shall pay at Closing: 4.5.1) state deed tax; 4.5.2) all costs of obtaining and updating the abstract to the Subject Property, including name searches, tax searches, bankruptcy searches, and property inspection fees incurred for title insurance purposes; 4.5.3) title insurance commitment fees; and 18434 3 10/05/9~ 4.5.4) recording fees for corrective instruments required to remove encumbrances and place marketable title in Buyer's name. 4.6) Buyer shall pay at Closing: 4.6.1) all recording fees and charges relating to the filing of the deed described in Section 4.3.1; 4.6.2 ) title insurance premiums; and 4.6.3) if any. the closing fee charged by the title company, SECTION 5. COVENANTS. REPRESENTATIONS. AND Wi%ItI~NTIES OF SELLER 5.1) Seller, as an inducement to Buyer to enter into this Agreement, and as part of the consideration therefor, represents, warrants, and covenants with Buyer and its successors and assigns that: 5.1.1) There are no leases, options, purchase agreements, rights to redeem, tenancy agreements, or rights of occupancy, written or verbal, and no person or party has, or will have any rights of adverse possession, regarding the Subject Property; 5.1.2) Seller will maintain in force insurance against public liability from such risk and to such limits as in accordance with prudent business practice and suitable to the Subject Property from the date hereof to the Closing Date; 5.1.3) Except for obtaining 'the Phase I Environmental Audit prepared by dated , Seller has made no other independent environmental investigation of the Subject Property and can m~ke no representations as to actions of previous owners. The Seller has not received any written notice related to environmental issues at the Subject Property. Except as disclosed in said Environmental Audit, and to the best knowledge of Seller, no entity or person has done the following: i) "released" or actively or passively consented to the "release" or "threatened release" of any Hazardous Substance (as defined below) from any "facility" or "vessel" located on or used in connection with the Subject Property; or ii) taken any action in "response" to a "release" in connection with the Subject Property; or 10/05/94 iii) otherwise engaged in any activity or omitted to take any action which could subject Seller or Buyer to claims for intentional or negligent torts, strict or absolute liability, either pursuant to statute or common law, in connection with Hazardous Substances (as defined below) located in or on the Subject Property, including the generating, transporting, treating, storage, or manufacture of any Hazardous Substance (as defined below). The terms set within quotation marks above shall have the meaning given to them in the Comprehensive Environmental Response and Liability Act, 42 U.S.C. Sec. 9601 et seq., as amended ("CERCLA") and any state environmental laws. "Hazardous Substances" means hazardous waste, toxic substances, formaldehyde, urea, polychlorinated biphenyls, asbestos, petroleum, natural gas, synthetic gas usable for fuel or mixtures thereof, any materials related to any of the foregoing, and substances defined "toxic substances" as "hazardous substances", , "hazardous waste", "pollutant", or "contaminant" in CERCLA, Resource Conservation and Recovery Act as amended, 41 U.S.C. Sec. 9601 et seq., the Hazardous Materials Transportation Act, 49 U.S.C. Sec. 1801 et seq., the Clean Water Act, 33 U.S.C. Sec. 1251 et seq., any state laws regarding environmental matters, or any regulations promulgated pursuant to any of the foregoing statutes. Seller shall indemnify Buyer, its successors and assigns, against, and shall hold Buyer, its successors and assigns, harmless from, any and all losses, liabilities, claims, fines, penalties, forfeitures, damages, administrative orders, consent agreements and orders, and the costs and expenses incident thereto, including, without limitation, reasonable attorneys' fees, consultants' fees and laboratory fees, which may at any time be imposed upon, incurred by or awarded against Buyer as a result of or in connection with the breach of any of the above representations and warranties, whether such breach is discovered before or after closing. Each of the above representations and warranties shall survive the closing. Consummation of this Agreement by Buyer.with knowledge of any such breach by Seller shall not constitute a waiver or release by Buyer of any claims arising out of or in connection with such breach; 5.1.4) Seller is unaware of any wells located upon the Subject Property. 5.2) Ail of Seller's covenants, representations and warranties in this Agreement shall be true as of the date hereof (and shall be a condition precedent to the performance of Buyer's obligations hereunder) and as of the Closing Date. If Buyer discovers that any such covenant, representation, or warranty is not true, Buyer may elect prior to closing, in addition to any of its other rights and remedies, to cancel this Agreement, or Buyer may postpone the Closing Date up to ninety (90) days to allow time for correction. Buyer shall not be deemed to have waived any claims for breach of warranty if Buyer consummates the transaction set forth in this Agreement withthe knowledge that one or more of Seller's warranties are false. 5.3) Seller is, or by Closing will be, the sole owner of fee simple absolute title to the Subject Property, has all requisite power and authority to execute and deliver this Agreement and the documents listed in Section 4 above. SECTION 6. INVESTIGATION AND TESTING 6.1) Buyer and its agents shall have the right, at its sole option, to enter the Subject Property without charge and at all reasonable times, to perform such engineering and environmental investigation and tests as Buyer may reasonably deem appropriate. If Buyer investigates and tests the Subject Property pursuant to this section, Buyer shall pay all costs and expenses of such investigation and testing and shall hold Seller harmless from all costs and liabilities arising out of Buyer's activities. If the purchase and sale contemplated by this Agreement is not closed, Buyer shall repair and restore any damage to the Subject Property caused by Buyer's engineering and environmental investigation or testing, at Buyer's expense, and shall return the Subject Property to substantially the same condition as existed prior to such entry. M434 6 10/~/~ ¢Ot,'TZ1;GI~N~TI~8 7.1) The obligations of Buyer under this Agreement are contingent upon each of the following: 7.1.1) The representations and warranties of Seller set forth in Section 5 of this Agreement must be true as of the date of this Agreement and on the Closing Date. 7.1.2) Buyer shall have determined on or before the Closing Date, that it is satisfied, in its sole discretion, with the results disclosed in any engineering or environmental investigation or testing of the Subject Property. 7.1.3) Buyer shall have determined on or before the Closing Date that it is satisfied with the results and recommendations of any feasibility report concerning Buyers proposed use of the Subject Property. If any one of the contingencies set forth in Section 7.1 have not been satisfied on or before the Closing Date, then Buyer may, at Buyer's option, terminate this Agreement by giving written notice to Seller on or before the Closing Date. The contingencies are for the sole and exclusive benefit of Buyer, and Buyer shall have the right to waive the contingencies by giving written notice to Seller. 7.2) The obligations of Seller under this Agreement are contingent upon each of the following: 7.2.1) a) Chanhassen City Council approval of: The 'final plat of Oak Ponds 3rd Addition satisfactory to Seller, following all appropriate public hearings and procedures as required by Chanhassen City ordinances. 7.2.2) The execution of an amendment to that certain Contract for Private Redevelopment Agreement between Seller and the Housing and Redevelopment Authority in and for the City of Chanhassen and Dean R. Johnson Construction, Inc. for Oak Ponds 2nd Addition dated April 12, 1994 to provide for modifications to said Agreement resulting from the execution of this Agreement satisfactory to Seller. 1~$4 7 10/05/94 If any one of the contingencies set forth in Section 7.2 have not been satisfied on or before the Closing Date, the Seller may, at its option, terminate this Agreement by givingwritten notice to Buyer on or before the Closing Date. The contingencies in Section 7.2 are for the sole and exclusive benefit of Seller, and Seller shall have the right to waive the contingencies by giving written notice to Buyer. SECTION 8. MISCELLANEOUS 8.1) Buyer and Seller warrant that neither party has been represented by a real estate broker in this transaction and that no brokerage fees are due any party as a result of this transaction. 8.2) Any notice, demand, or request which may be permitted, required or desired to be given in connection herewith shall be in writing and sent by certified mail, hand delivery, overnight mail service such as Federal Express, or Western Union telegram or other form of telegraphic communication, directed to Seller or Buyer. Any notice shall be deemed effective when delivered to the party to whom it is directed. Unless other addresses are given in writing, notices shall be sent to Seller or Buyer at the applicable address stated on the first page of this Agreement. 8.3) Time shall be of the essence in this Agreement. Where any date or time prescribed bythis Agreement falls on a Saturday, Sunday or statutory holiday, such date or time shall automatically be extended to the next normal business day. 8.4) Each party hereto shall promptly, on the request of the other party, have acknowledged and delivered to the other party any and all further instruments and assurances reasonably 1~ 8 10/~/9~ requested or appropriate to evidence or give effect to the provisions of this Agreement. 8.5) This Agreement represents the entire agreement of the parties with respect to the Subject Property and all prior agreements, understandings, or negotiations between the parties are hereby revoked and superseded hereby. No representations, warranties, inducements, or oral agreements have been made by any of the parties, except as expressly set forth herein, or in other contemporaneous written agreements. This Agreement may not be changed, modified or rescinded, except by a written agreement signed by both parties hereto. 8.6) If Buyer defaults under any of the terms hereof, then Seller shall have the right to pursue any remedies which are available to Seller at law or in equity, including without limitation, specific performance, damages (including attorney's fees) and to the cancellation of this Agreement. 8.7) If Seller defaults under any of the terms hereof, including, without limitation, the delivery of marketable title to the Subject Property as set forth in Section 4 hereof, and any of Seller's representations, covenants, and warranties in Section 5 hereof, then Buyer shall have the right to pursue remedies which are available to Buyer at law or in equity, including without limitation, specific performance, damages (including attorney's fees) and to the cancellation of this Agreement. 8.8) If any provision of this Agreement is declared void or unenforceable, such provision shall be deemed severed from this Agreement, which shall otherwise remain in full force and effect. 18434 9 10/05/94 8.9) Failure of any party to exerci;e any right or option arising out of a breach of this Agreement shall not be deemed a waiver of any right or option with respect to any subsequent or different breach, or the continuance of any existing breach. 8.10) This Agreement shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, personal representatives, successors and assigns. 8.11) This Agreement shall be construed in accordance with the laws of the State of Minnesota. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first above written. CITY OF ~N~%NH~SEN By: Donald J. Chmiel, Mayor By: Don Ashworth, City Manager/Clerk DEAN R. JOHNSON CON~TRUCTION~ INC. By: Dean R. Johnson Its President Its 1~34 10 10/05/9~ · % STATE OF MINNESOTA ) COUNTY OF CARVER ) The foregoing instrument was acknowledged before me this day of , 1994, by Donald J. Chmiel and by Don Ashworth, respectively the Mayor and City Manager/Clerk of the CITY OF CHANHASSEN, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by its City Council. Notary Public STATE OF MINNESOTA ) ) ss. COUNTY OF ) The foregoing instrument was acknowledged before me this day of , 1994, by DEAN R. JOHNSON and , the President and of DEAN R. JOHNSON CONSTRUCTION, INC., a Minnesota corporation, on behalf of said corporation. Notary Public THIS INSTRUMENT WAS DRAFTED BY: CAMPBELL, KNUTSON, SCOTT & FUCHS, P.A. 317 Eagandale Office Center 1380 Corporate Center Curve Eagan, MN 55121 Telephone: (612) 452-5000 JRW 11 E~IEIT ']~' to REAL EBTATE PURCH~BE AGREEMENT LEGAL DESCRIPTION OF ~ B_UBJ_BCT PROPERT~ Lots 1, 2, 3, 4, 5 and 6, Block 5; Lots 1, 2 and 3, Block 6; Lots 1, 2, 3, 4, 5 and 6, Block 7; and Outlot B, all in OAK PONDS 2ND ADDITION, Carver County, Minnesota, according to the recorded plat thereof. 18~,3~ 12 10/05/9~ Oak Thee Post Office et.--= Wetlan~ CITY OF 690 COULTER DRIVE · RO. BOX 147 · CHANHASSEN, MINNESOTA 55317 (612) 937-1900 · FAX (612) 937-5739 MEMORANDUM FROM: DATE: Housing and Redevelolmaent Authority Todd Gerhard~ Assistant Executive Director October 13, 1994 SUB1: Review Cash Basis for Hanus, Pryzmus and Pauly's Attached please find the individual cash basis for your review. No specific action is needed on thc agenda to keq~ you updamd on thc you will receive these monthly stamngnts as agenda. The HRA should also be aware September and the remainder of the ye~' Hanus, Pryzmus and Pauly's facili~ information, but this imm was placed of each of the.baildings~ In the future, s~ts arc current through If you have any questions regarding Thm's~y night's me.e~g. A ~g~~lon Attachment ~ 1. Cash Basis S~t~'--" --- ':!'i*' "' _...::.~' · ).., /. '.? ·. ~-.2.. ' ~ .... will be prepared w discuss them at this imm. 000 O0 0 ooo oo o ~ ~ . Administrative Section WILSON DEVL SVC 10/15/94 12:46 PO1 . 612 446 4676 WILSON WILSON DEVELOPMENT SERVICES 'HELPING C/TIES AND BUSINESSES GROW" October 13, 1994 Todd Gerhardt Chanhassen City ~all P.O. Box 147 Chanhassen, MN 55317 R]~; Bill Townsend Relocation ~ligibility Dear Todd: The following is my recommendation and findings with respect to Mr. Townsend's relocation eligibility. Mr. Townsend has said that he wants ~o appeal the as-of-yet verbal denial of any further claims. Statements of Fact: The City purchased the subject property on 12/19/90. Hr. Townmend moved into the sub]eot property 12/92 Basic Relocation Eligibility [Section 24.2 Definitions, (g) Displaced Person] "The term 'displaced person' moans any person who moves from the real property or moves his or her personal property from the real propertyi [This includes a person who occupies the real property prior to its acquisition, but who does not meet the length of occupancy requirements of the Uniform Act as described at Para 24.401(a) and 24.402(a)]. (i) As a direct result of a written notice of intent to acquire, the initiation of negotiations for, or the acquisition of, such real pro~erty in whole or in part for a project." Relocation eligibility is tie8 directly to the acquisition of the displacement unit. It is the act or process of acquiring the unit, with the subsequent displacement that creates eliglbility. Relocation Eligibility is, therefore, not established by moving into a City- or Public agency-owned property after the public agency has taken title. Mr. Townsend moved into the subJec= property 2 years after The City acquired the uni~. Chestnut St., Suite 200, Ch.lca, MN 55318 O~ice: (622) 448-46ao FAx.. g~o~ a~u.,, '~ 612 448 4676 .'~. --' -I- f',e~' " '"' ~' ~ ~ I L.SON DI/VL SVC 1/)~13/94 12: 47 1~2 Conclusion; Mr. Townsend is not eligible to re=eive relo~ation benefits under Tho Uniform Relooation Aot and Minnesota Statutes 117.52, nor is The City obllgated to ~ke any further payments to him. I spoke with Curt Hafner of The Minnesota Dept. of Trans- portation who serves as Minnesota's Relooation Offioer. ]~e agreed with the above conclusion. Sin y, - D~ntel a. Wilson Principal DHW~h 612 448 4676 WILSON DEVL SWC le/13,,'94 12:47 PS3 . .. WILSON DEVELOPMENT SERVICES 'HELP/N{] ~ITIE$ AND BUSINESSES GI~OW' October 13, 1994 Todd Gerhardt Chanhassen City Hall P.O. Box 147 Chanhassen, MN 55317 RE: Residential Relocation Claim Jerry Sin~er William Llnsmayer Dear Todd: Attached are the following relocation claims: Jerry Singer: Claim for Rental Assistance Claim for moving & relate4 expenses TOTAL $4,000 40O $4,400 william Linsmayer~ Claim for Rental Assistance $4,000 Claim for moving & related expenses 400 TOTAL $ 4,400 Mr. Linsmayer will move this weekend if he has a check. In any event, both will be out by 10/31/94. Mr. Anderson is out of jail. He chooses not to respond. I would suggest that your building inspector declare the building unsafe and give Mr. Anderson notice to vacate by 10/31/94. Daniel H. Wilson 510 Chestnut St., Suite 200, Cha~ka, MN 55318 'l~ 612 448 4676 ,, WI LSON D£VL SVC 18/~4/94 17:29 WILSON DE.VELOPMI!NT SERVICES 'HELPING CITIES AND BUSINESSES GROW' October 4· 1994 MeMO FRON; Todd Gerhardt ~~] Dan #llson ~ Residential Rel~oation ~ettl~a~nt Pauly Building I met with Jermy Ginger, R/chard Anderson, #illiam Linsmayer, and Bill Townsend last Monday night. We discussed the idea of their accepting a $4,000 Rental Assistance 'up-front' claim and $400 self-move-claim in lieu of receiving palm~nts over a 42-month period. There was general acceptance and agreement to th_e concept. I prepared claim forms and delivered, them last Friday. I received Linamayer'e today: Singer's is supposed to be forthcoming. Mr. Anderson is apparently in Iai1, for how long and why I don't know. Please call on how we should pro. ced. WILSON DEVELOPMENT SERVICES "HELPING OITIE$ AND BUSINESSES GROW' September 21, 1994 S F F ? 994 CITY OF CHANHA~sEk: Jerry Singer P.O. Box 141 Chanhassen, MN 55317 Richard Anderson P.O. Box 253 Chanhassen, MN 55317 William Linsmayer P.O. Box 491 Chanhassen, MN 55317 REt City of Chanhassen Tenant Relocation Dear Mr. Singer, Mr. Anderson & Mr. Linsmayer= To date we have not made contact with you in order to assist you submit a claim to the City of Chanhassen for potential relocation benefits. The City of Chanhassen still seeks to complete your displacement, as soon as possible. The City has proposed paying a flat $4,000.00 to you in order to move your displacement a along. In order to move this situation along, I am requesting that we meet Monday, September 26, 1994 at 7=00p.m. at Pauly's. If it is too noisy, we can move to one of your apartments or any place else. If you are not available Monday night please call with an evening that you are available. Daniel B. ~ilson Relocation Consultant for City of Chanhassen ".i .. '".... · . cc: Todd Gerhardt 510 Chestnut St, Suite 200, Chaska, MN S5318 Office: (612) 448-4630 FAX: (612) 4484676 lheStRlul September 16, 1994 PUFAHLS AUTO BODY 227 WEST 79TH STREET CHANI-IASSEN MN S$317 Claim: Insured: Date of Loss: Re: -. COpy OPO~30 0080 22M012 City of CImnlmssen 08/01/~ 3800 W 9(hh St.. Ste. 300 gbXlklgml. MN 56431-1060 ~ 612.693.6700 Cllints Flaindl 612.893.6980 612.663.6978 In reviewing the above claim end the coverage we carny on the ci~ of ~snhsssen, the St. Paul Fire and Mar~e lnmu'ance Company is 8oin8 to deny the claim. We ~ no insm'ance for dram that wcn~l, d cover your vehicles. I would su88est you contact your inmuance company and report the loss. If you have any questions, please do not hesitate fo give me a call Since~y, Barb Cleland - "~ ~ Claim Service ~~.~e Upper Midwest Claim Service Office BC.wir cc: Dolliff Inc. LOTUS REAI,TY SF, RVICES FACSXHXLE TRANSHXSSION - COVER SHEET ! DATE 9/~6/94 NUMBER OF PAGES 3 TO John Dean PHONE 337-9310· FROM Vernelle Clayton FAX PHONE '612-934-5472 I did a summary'of our meeting yesterday for th~ owners and thouuht I would pass along a copy.'to bhe meeting parbicipants in case there is a need for correc~ion of any of my . 'assumptions/summaries. ' · ' .~ · · I had a question after the meeting=-' What constitutes creating the district? This'question is in the con~ex~ of meeting the need to have it created by 12/31/94. Is it simply a motion by the.ap~r0pria~e body or is there some additional evidence and/or action needed? .. We're excited ab0ub this project and we look forward to working with you again. cc: Todd Gerhardt · . · · · o 545 WEST 78TH STREET · P.O. BOX 235 · CHANHASSEN, MINNESOTA 55317 · (612) 934-4538 · FAX (612) 034-1505 Se~ 15~ 1994 l~n Aslworth, Todd C~r~dt, ~ohn Dean, Std Trm~, Vernelle Claytc~ RE~ TIF Assistance to Pr~ EnaCt ~oJect The term of the nee district ~as 4iecussed hrte£1y as 12 - 15 Fears. It is anticipated that the parcels involve~ ~ill be decerti£ied and requalife~ in a ne~ district. There are t~o tests which m~st be aI~i~ in determining qualificatim: 1. ?0~ of the parcels n~ to be occupied vt th i~~~n~ ~rlth a minimum of 15~ t_m?rovements. (graval parking ~ cc~tittute an improvement. ) (~e concluded that an actual evaluatt~ ~lld most ge~initely prove qualification o~ this point.) 2. Of the bulidt~s ~ the parcels, 5C~ bare to be bligbtet. ~be qualifier here is that: ~ ~ost to bring tt~ Ixttl~L~g to o0~e vould exceed 15~ of the replacement value. (We concluded that an actu~ evaluation ~catld v~ry likely prove qualification on this point. ~. Assumin9 the paz~ol8 qualify, them the £ollovi~ ig t_m.no,~cant~ 1. ~he assistance packaging focused pr~_-=_rily ~n two a~uue~ or a cc~binati~ of the tvo: A. Assessment write dovn ~ a pay as y~ ~o basis. B. City purchase, ~, mintain and retain olmershtp of the parkin9 lot (as a vehicle for lundin9 the cost of the facades. ) .o 2. An identification off all existing perc~ls involved (by PTD # and By existing revenue) needs to be cc~le~ed soon. 3. Following cce~letion of %2, an overlay of those parcels needs to be made, which would outline the re-plat for the newly created parcels. The anticipated revenue frown the new [~rcels ulx~ comt~letion of proposed in~rovementa must then be projected. 4. From the above, the amount of available assistance can be determined. Se Prior to cc~letion of $4, a ne~ting of the owr~r~hij~ entities with Todd and Kate needs to be held in order to arrive at an under~ding of intended improvements for each parcel and a clear understanding of parcels involved. 6. All of the above should be con~leted prior to consideration by the ~ of the pro~c~ed package. 7. There is now an additional 30 day notification o£ affected taxing districts prior to creation of a new district. This places additional emphasis on the need to accomplish all of the above quickly. 8. Due to anticipated limitations on the ability to create this ty~e of new district (which are likely to be imposed during the next legislative session), we were advised that it is critical that the approval process be completed prior to 12/31/94. · o . Chanhmmn V~lon 2002 ~. wr~ w~.t,~m,e~t, or~.e,,.~a.r~oyoom,..~.~ee? ' ' Chanha/ en Vi lon 2002 P/erue ~ ~ few momeat~ ~o review lad commem oa ~ documeat. You ~y ~ ~ ~ m ~ ~ ~&~ ~ ~ ~ m ~& y~ u~ ~. 2, WJ ~tbe do you dfsqree? Chtnhassen,~ $b317 Chanhassen Vision 2002 $1.~VE¥ CARD Pleaze lake n few moments to review and comment on this document. You may remm this cazd m City Hall either in the mail or with your ufilivff bill 1. With what elements of the newsletter do 2.o~ nsl2 ? 2. With what elements of the newsletter do you strongly disagree? Chanhmmn Vision 2oo2 P~z~e take a few ~ to review and ~ on this ~t. tq a Mr. Todd Gehrhardt ,.. City of Oumhassen ~)0 Coulter Drive -"" Chanha~en Vision 2002 Please take a few moments to review ~nd COrnm~'X~t on this document. You may return this card to Civ~ Hall eith~ in the mail or with your utility bill. With what dements of the newsletter do you ~ronsly 1~:,,..,,, - ,~ .ool .' c~--,~* ,.,.~k,~' m i I ii i i ]Viz'. Todd Gehrhardt City of Chan.h~en 690 Coulter Drive Chan~ssen, MN 55317 hhl,,I,l,,,lh.,lll,,,Ihh,h,,I,h,h,,llhh,lh,,I,h,I t ~ CAItD Hease ~ · few moments to zeview and cozmnent on this document. You may rea~ tl~ cjzd W City Hall e/tl~ in lie mail cr with your ulJlJly bill # 1111 I,I,I,,I,I,,,II,,,,III,,,IM,,I,,,I,I,,I,,,III,I,,II,,,I,I,,I Chanha~en Vision 2002 SLTR~¥ CARD Please take a few moments to review and comment on this document. You may return tkis card to City Hall either in the mail or with yo~ utility bill. 1. With what elements of the newsletter do you strongly arree? ~/~-~ ~-~/~ / :2. With what elements of the newsletteF do you stron~ disagree? ! Chanhauen VI'sion 2002 Please t~¢ s few moments to review and comment on tlzis document. You may return titis cm'd to City H,11 either in the ~ or with ),om' utility bill. 1. With what elelnqnts of the. newsletter do yoq StFon~ q~e #.,_. ~/ .. ~ Wi~ what ~emenU ~ ~e ne~e~ do y~ ~~ ~? Chanhanen ~ 2002 Please take a few moments to review and comment on You ~y~ ~ ~~ ~ ~h~~ ~~~ ~. :2. With what dements of the ~ do yo, u ~ dlmtsrue? i i