Proposed Halla Settlement AgreementE)ecq ye
CITY OF
CHANHASSEN 5 `m
690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317
(612) 937 -1900 • FAX (612) 937 -5739
' Attached is the proposed settlement agreement as proposed by Councilman Senn and as
drafted by the City Attorney. Staff recommends that this discussion take place in an
' executive session. This issue is a result of litigation regarding building without a permit.
The issue has gone beyond that now and Councilman Senn's proposed settlement
agreement grants legal non - conforming rights to the property. Again, staff would like to
' discuss this issue with the Council.
Steve Kirchman will not be available at the City Council meeting on September 9, 1996,
' but would be available to meet on September 23, 1996. If the Council desires the
executive session, it could be held at 7:00 p.m. before the regular Council meeting.
' \ \cfsI \vol2\plan\ka\halla.cc.doc
0
MEMORANDUM
'
'
TO: Don Ashworth, City Manager
FROM: Kate Aanenson, AICP Planning Director
Steve Kirchman, Building Official
SUBJ: Proposed Halla Settlement Agreement
'
DATE: September 4, 1996
' Attached is the proposed settlement agreement as proposed by Councilman Senn and as
drafted by the City Attorney. Staff recommends that this discussion take place in an
' executive session. This issue is a result of litigation regarding building without a permit.
The issue has gone beyond that now and Councilman Senn's proposed settlement
agreement grants legal non - conforming rights to the property. Again, staff would like to
' discuss this issue with the Council.
Steve Kirchman will not be available at the City Council meeting on September 9, 1996,
' but would be available to meet on September 23, 1996. If the Council desires the
executive session, it could be held at 7:00 p.m. before the regular Council meeting.
' \ \cfsI \vol2\plan\ka\halla.cc.doc
0
CAMPBELL, KNUTSON, SCOTT & FUCHS, P.A
STATE OF MINNESOTA
COUNTY OF CARVER
City of Chanhassen,
Plaintiff,
VS.
Halla Nursery, Inc., a
Minnesota corporation,
Defendant.
STIMULATION, made this day of
and among the CITY OF CHANHASSEN, a Minnesota m
HALLA NURSERY, INC., a Minnesota corporation, ( "O caner ").
RF
WHEREAS, Owner owns the following described p roperty ( "Subject Property ")
located at 10,000 Great Plains Boulevard in the City of Cha nhassen, Carver County, State of
Minnesota consisting of approximately 11.5 acres now devoted to retail nursery and garden
center use and legally described as follows, to-wit:
Lot 10, Block 1, Great Plains Golf Estates, a ccording to the
recorded plat thereof, Carver County, Minne
The Subject Property is zoned A -2, Agricultural ultural Estate Dist rict.
31155.03
07/22/%
Jul 22,96 10:21 No.003 P.02i14
DISTRICT COURT
'
FIRST JUDICIAL DISTRICT
CASE TYPE: 10 /Other Civil
'
Court File No. C8 -94 -851
fiTWIR,ATION FOR ENTRY
'
OF JUDGMENT
1996 by, between,
unicipal corporation ( "City "), and
,
'
'
,
t
' CAMPBELL, KNUTSON, SCOTT & FUCHS, P.A Jul 22,96 10:22 N0.003 P.03/14
WHEREAS, in early 1994, Owner constructed a new retail sales building ( "Garden
Center ") of approximately 5,000 square feet on the Subject Property, and no building permit
' or zoning approval was obtained. Owner has since used the Garden Center for retail sale of
' goods to the general public.
' WHEREAS, in May 1994, the City inspected the Garden Center. The City Building
Official found that the Garden Center did not comply with the Uniform Building Code
( "UBC ") requirements for a B -2 occupancy.
WHEREAS, on June 1, 1994, the City initiated a civil lawsuit against Owner seeking
to permanently enjoin Owner's operation of a retail commercial business from the Garden
Center unless zoning approval was obtained, a Building Permit was obtained, the necessary
' requirements for a B -2 occupancy were satisfied and a certificate of occupancy issued.
WHEREAS, on July 15, 1994, Owner filed an Answer and Counterclaim to the
' City's Complaint.
' WHEREAS, the Owner wants to provide for the long term land use of the Subject
' Property.
WHEREAS, the City is desirous of exercising its zoning and police powers for the
t public good.
' WHEREAS, the parties desire to amicably resolve and settle their differences and to
avoid the cost of further litigation.
NOW, THEREFORE, the parties stipulate as follows:
1. NONCONFORMING USE PERMIT APPROVAL ( "NUP' ). The City
hereby grants NUP approval in accordance with the terms of this Stipulation. Except as
31155.03 _
' 07/11/96 `2 1.
CAMF*BELL, KNUTSON, SCOTT & FUCHS, P.A Jul 22,96 10:22 No.003 P.04/14 '
otherwise provided herein, the Subject Property shall be subject to the zoning regulations of
the A -2 zoning district, as may be amended from time to time. No permitted, conditional, or
interim uses are allowed, however, except for the following existing uses at the locations
identified on Exhibit "A ".
A.
Office, Garage, Sales Building
K.
Storage Bins
B.
Garden Center
L.
Peacock Barn
C.
Green Houses
M.
Game Barn
D.
Shade IIouse
N.
Bridge
E.
suture Green IIouse
O.
Tuture Storage Bins
F.
Storage Building
P.
Parking
G.
Play Area /Gazebo
Q.
Outdoor Display of Materials
H.
Truck /Storage Building
R.
Storage, Growing and Outdoor
1.
Potting /Storage Building
Display of Nursery Stock
J.
Pump IIouse
S.
Permitted Signage.
The requirements of the City's Zoning Ordinance, as may be amended from time to time,
shall apply to the use of the Subject Property. These designated existing building and uses
may continue in compliance with this Stipulation unless such buildings or uses have become a
public nuisance as determined by a court of competent jurisdiction.
2. PLAN APPROVAL. The City hereby approves the Site Plan dated
, 1996, prepared by Owner and attached hereto as Exhibit "A ". The use
of the Subject Property shall be in accordance with the Site Plan. If the Site Plan varies
from the written terms of this Stipulation, the written terms shall control.
3. GARDEN CENTER. The Garden Center identified as Building B on Exhibit '
"A" may not be enlarged beyond its current footprint, nor may a basement or second story ,
be added.
I
31155.03 ,
07/22/96 -3-
CAMPBELL, KNUTSON, SCOTT & FUCHS, P.A Jul 22,96 10:23 No.003 P.05/14
' A. Retail Sates - Defined. Retail sales means sales to the general public of
products used in the care and maintenance, beautification and installation of lawns and
' gardens, as listed on the attached Exhibit "B ". (Permitted Products).
' B. Retail Sales Prohibited. All retail sales are strictly prohibited, except as
' expressly allowed pursuant to this Stipulation.
C. Allowed Retail Sales. The general public may enter and use the Garden
' Center, Greenhouses, Office and the outdoor areas shown as K, O, Q and R for the purpose
' of viewing, selecting and purchasing Permitted Products. All cash register checkout activity
must take place inside the Garden Center.
D. Expansion of Retail Sales. The buildings and outdoor areas where retail sales
' are permitted may not be expanded or relocated without the prior written approval of the
City.
E. Expansion of List of Permitted Products. The list of Permitted Products
' may not be expanded without the prior written consent of the City. The list of Pennitted
Products may not be expanded to include power tools which are not hand held, farm
' implements, motor vehicles, snow plows or snow plow blades, or recreational vehicles or
' non - handheld equipment of any kind.
F. Inspection. The City may inspect those portions of the Subject Property and
buildings which are open to the general public, without advance notice to the Owner, during
' the business hours when those portions of the Subject Property and the buildings are open to
' the general public. The City agrees to conduct the inspections in a reasonable manner, and
without any undue disruption to Owner's use of the Subject Property.
31155.03
07/22/96 -4_
CAI-IPBELL, KNUTSON, SCOTT & FUCHS, P.A
4. NURSERY.
Jul 22,96 10:23 No.003 P.06i14 '
A. Nursery Stock - Defined. Nursery stock means flowers, shrubs, plants and
trees.
B. indoors. The buildings on the Site Plan identified as C, D, E, I, f, and M
may be used for growing, storage and display of nursery stock.
C. Outdoors. The outdoor area identified as R may be used only for growing,
storage and display of nursery stock,
D. Expansion of Nursery. The buildings and outdoor areas where nursery
activities are permitted may not be expanded or relocated without the prior written approval
of the City.
5. CONTRACTOR'S YARD.
A. Approval. The outdoor areas identified on the Site Plan as Cy =
Contractor's Yard may be used for the outdoor storage of vehicles, materials and equipment.
B. Screening. The outdoor areas identified as CY on the Site Plan must be
screened, fenced or landscaped to provide complete screening of all vehicles, materials and
equipment from public streets and any property not owned by Owner.
C. Buildings. The buildings identified as A, F, H and J may be used for storage
of Owner's vehicles, equipment and materials used in conjunction with the Contractor's
Yard.
D. Expansion of Contractor's Yard. The buildings and outdoor areas where
Contractor's Yard activities are permitted may not be expanded or relocated without the prior
written approval of the City.
31155.03
07/22/96 -5-
' CAMPBELL, KNUTSON$ SCOTT & FUCHS, P.A Jul 22,96 10:24 N0.003 P.07/14
' 6. SIGNAGE.
A. Permitted Signage. The following signs are permitted:
' 1. Existing sign on the roof of the Garden Center.
2. Existing sigh at the entrance to the Subject Property from Highway
101, or an updated pylon sign of the same height and square footage.
' 3. The previous V shaped sign located at the corner of Highway 101 and
Pioneer Trail may be reinstalled. This sign must be removed within 30
' days after the sale and closing of the sale of the first lot in the plat of
Great Plains Golf Estates.
B. Directional /Safety Signagc. On -site directional and safety signage is allowed
provided that it is approved in writing in advance by City Staff.
' C. Prohibited Signage. All signs are strictly prohibited, except as expressly
' allowed pursuant to this Stipulation, or pursuant to a sign permit approved by the City.
7. PARKING.
A. Minimum Number of Stalls. The areas identified as P on the Site Plan are
' the minimum required parking stalls, which shall not be devoted to any other use.
B. Handicapped Parking and Fire Lanes. The handicapped parking stalls and
' fire lanes as shown on the Site Plan must be designated and marked as required by State law
and City ordinances.
8. FENCE.
A. Future Fence. Owner will obtain a fence permit from the City prior to
installing the future fence as shown on the Site Plan.
B. Installation Date. The future fence must be installed within thirty (30) days
after a certificate of occupancy is issued to any residential lot which abuts the Subject
31155.03 -6_
07/22/96
CAMPBELL, KNUTSON, SCOTT & FUCHS, P.n Jul 22,96 10:24 No.003 P.08/14 '
Property. Owner shall be granted a reasonable extension of this time limit if necessary due '
to weather or ground conditions.
9. PUBLIC ADDRESS SYSTEM. Owner shall discontinue all outdoor use of '
the existing public address system, effective January 1, 1997.
10. ENTRY OF ORDER FOR JUDGMENT AND JUDGMENT. Upon
execution of this Stipulation, the parties agree to submit the Order, attached hereto as Exhibit
"C ", to the Court. The parties hereby stipulate to entry of said Order by ex -parte motion of
either party.
11. SEVERABILITY. If any portion, section, subsection, sentence, clause,
paragraph, or phrase of this Stipulation is for any reason held invalid, such decision shall not
affect the validity of the remaining portion of this Stipulation.
12. WAIVERS /AMENDMENTS. The action or inaction of the City shall not
constitute a waiver or amendment to the provisions of this Stipulation. To be binding,
amendments or waivers shall be in writing, signed by the parties and approved by written
resolution of the City Council. The City's failure to promptly take legal action to enforce
this Stipulation shall not be a waiver or release.
13. RECORDING. This Stipulation shall run with the land and may be recorded '
against the title to the Subject Property.
14. REMEDIES. Each right, power or remedy herein conferred upon the City is ,
cumulative and in addition to every other right, power or remedy, express or implied, now ,
or hereafter arising, available to City, at law or in equity, or under any other agreement, and
each and every right, power and remedy herein set forth or otherwise so existing may be
31155.03 ,
07122/96 -7-
' CRMPEELL, KNUTSON, SCOTT & FUCHS, P.R Jul 22,96 10:25 No.003 P.09/14
exercised from time to time as often and in such order as may be deemed expedient by the
City and shall not be a waiver of the right to exercise at any time thereafter any other right,
' power or remedy.
15. NOTICES. Required notices to the Owner shall be in writing, and shall be
either hand delivered to the Owner, its manager, or mailed to the Owner by registered mail
' at the following address: 10,000 Great Plains Boulevard, Chaska, MN 55318. Notices to
' the City shall be in writing and shall be either hand delivered to the City Manager, or mailed
' to the City by registered mail in care of the City Manager at the following address:
Chanhassen City Hall, 690 Coulter Drive, Box 147, Chanhassen, MN 55317.
16. SUCCESSORS AND ASSIGNS. This Stipulation shall be binding upon the
' parties, their successors and assigns, and subsequent purchasers of the Subject Property.
17. JURISDICTION. The District Court shall reserve and retain jurisdiction to
enforce this Stipulation and issue additional orders as it deems just and proper.
18. EQUAL PROTECTION. The City will not enforce any provision of law
against Owner unless it is enforced on all A -2 users in accordance with the equal protection
doctrine.
' 19. PUBLIC INTEREST. This Stipulation shall be liberally construed to protect
' the public's interest.
CITY OF CHANHASSEN
' BY:
Donald 1. Chmicl, Mayor
AND
Don Ashworth, City Manager /Clerk
31155.x3 _8_
07/22/96
CAMPBELL, KNUTSON, SCOTT & FUCHS, P.A
STATE OF MINNESOTA )
( ss.
COUNTY OF CARVER )
Jul 22,96 10:26 No.003 P.10/14 '
The foregoing instrument was acknowledged before me this day of
, 1996 by Donald J. Chmiel and by Don Ashworth, 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
CAMPBELL, KNUTSON, SCOTT
& FUCHS, P.A.
Elliott B. Knetsch, #168130
Attorneys for Plaintiff
317 Eagandale Office Center
1380 Corporate Center Curve
Eagan, MN 55121
(612) 452 -5000
OWNER
HALLA NURSERY, INC.
Its
AND
Its
31155.03
07/22/96 -9-
' CAMPBELL, KNUTSON, SCOTT & FUCHS, P.A
' STATE OF MINNESOTA )
SS.
' COUNTY OF )
Jul 22,96 10:26 No.003 P.11/14
The foregoing instrument was acknowledged before me this day of
' , 1996 by and
the and
of Halla Nursery, Inc., a Minnesota corporation, on behalf of
' said corporation.
' Notary Public
BY;
' 31155.03
07/22/96
Mr. Robert J. Bruno, #12415
Attorney for Defendant
107 Burnsville Professional Plaza
1601 East Highway 13
Burnsville, MN 55337
(612) 890 -9171
-10-
CAMPBELL, KNUTSON, SCOTT & FUCHS, P.A Jul 22,96 10:27 No-003 P.12/14 ,
EXHIBIT "B" - PERMUTED PRODUCTS ,
PRODUCTS FOR THE INSTALLATION, SALES, CARE, MAINTENANCE AND
ORNAMENTATION OF PLANTS, LAWNS, ANIMALS AND OTHER LANDSCAPE
FEATURES.' .
FBRTILIZERS'
RMICMES'
FUNGICIDES'
BIRD SUPPLIES'
BIRD FEEDERS"
BIRD HOUSES'
BIRD BATHS 1 - 2 - 4
WEED BARRIER FABRIC AND ?INS'''
POWER AND HAND TOOLS'
SEEDS'
SPREADERS'
WATERING EQUIPMENT''
INFORMATIONAL TEXT'
PONDS'r
STATUARY'-'
F$NCING'-
TRELLISF-S'.
GAZEBOS'''
LIGHTING''
CHRISTMAS TREES AND ACCESSORIES 1 - 2 - 4
BULBS'
CLOTHING'
PESTICIDES'
cams
POTTERY'• ;
ANIMAL REPELLENTS'
SOD=
PATIO PRODUCTS''
ORNAMENTAL ITEMS'
WATER PRODUCTS'
BULK SOILS
BULK MULCHES
BAGGED MULCHEV-
BAGGED SOIL''
SITE FURNITUREP
CONSULTATIONS `
GAUGES'
TWINE'
POLY'
CLOTH AND NETTIN
PLANT SUPPORTS "'
FOUNTAINS 2 . 4
FISH AND WATER PLAN - rS''
STRAWIMARSH HAY'
LABELS'
BIRDS''
LANDSCAPE DESIGNS 2.3
LABOR`
MAINTENANCE 2 ' '
SNOW FLOWING 2 ' '
INSTALLATIONS''
CONS TRUCTION%'
RECONSTRUCTION
REMOVAL"'
WOOD TIES
TOOL AND EQUPIIwMNT RENTALOA
SOIL AMBNDMENTS"'
DELIVERY'.''
BOULDERS'
2 plulvv
T?J2A - SHRU ' , AND PLANT MA'TERIAL'�'�'. '
INSURANCEMAMAG EDGING
32 EVALUATIONS'' STRUCT 1
GIFT CERTIZZCATES 1-1 1 OUTDOOR LIVING ACCESSORMS
GAM ' ?ARM ANIMALS AND SUPPLIES'-"' PLAYGROUND EQUIPMENT''
RBTADM40 WALL PRODUCTS= DRAIN TILE AND ACCESSORIES'-
NUSCLLLANEOUS ITEMS, PLANTS OR MATERIALS FOR THE AESTHETIC,
PRACTICAL, �'ROVEM$NT, OR USE OR INDOOR AND OUTDOOR LIVING
SPACES 'A'.
'Indoor sales from the Garden Center
2 0utdoor sales
'Indoor sales from the Office
4L,
from the QrcaTihotlR�c ,
' CAMPBELL, KNUTSON, SCOTT & FUCHS, P.A
EXHIBIT "C"
' STATE OF MINNESOTA
COUNTY OF CARVER
----------------------------
City of Chanhassen,
1
1
Plaintiff,
VS.
Halla Nursery, Inc., a
Minnesota corporation,
Defendant.
ORDER FOR JUDGMENT
ORDER FOR JUDGMENT
AND JUDGMENT
Based upon the Stipulation for Entry of Judgment, and upon all the files, records and
proceedings herein, IT IS HEREBY ORDERED:
1. The City of Chanhassen, Halla Nursery, Inc. and the Subject Property are
each subject to and bound by the terms of the Stipulation for Entry of Judgment, which is
incorporated herein by reference.
2. Defendant Halla Nursery, Inc. is hereby permanently enjoined from using the
Subject Property in violation of the Stipulation for Entry of Judgment. Defendant's violation
of any obligation under the Stipulation will constitute inunediate and irreparable damage to
the Plaintiff not compensable in money damages and entitles the Plaintiff to preliminary and
30982.02
07/22/96
Jul 22,96 10:27 No-003 P.13/14
DISTRICT COURT
FIRST JUDICIAL DISTRICT
CASE TYPE: 10 /Other Civil
Court File No. C8 -94 -851
CAMPBELL, KNUTSON, SCOTT & FUCHS, P.A Jul 22,96 10:28 No.003 P.14i14 ,
permanent injunctive and equitable relief to cure the violation upon application to the District '
Court.
3. Plaintiff's violation of any obligation under the Stipulation will constitute
immediate and irreparable damage to the Defendant not compensable in money damages and
entitles the Defendant to preliminary and permanent injunctive and equitable relief to cure the
violation upon application to the District Court.
4. Defendant Halla Nursery, Inc.'s Counterclaim is hereby dismissed in its
entirety with prejudice.
S. The Court shall reserve and retain jurisdiction to enforce the Stipulation for
Entry of Judgment, and issue additional orders as it deems just and proper.
THERE BEING NO JUST CAUSE FOR DELAY, LET JUDGMENT BE ENTERED
ACCORDINGLY, FORTHWITH.
Dated:
, 1996.
BY TIDE COURT:
Judge of District Court
JUDGMENT
The above Order hereby constitutes the Judgment of this Court.
Dated: , 1996.
(Court Seal)
By:
30982.02
07/22/96 _2_
. 22 '96 11 :01 RJB,LTD.
STATE OF MINNESOTA
COUNTY OF CARVER
City of Chanhassen,
Plaintiff,
vs.
Halla Nursery, Inc., a
Minnesota corporation,
Defendant.
STIPULATION, made this _ day of
, 1996, by, between and
among the CITY OF CHANHASSEN, a Minnesota municipal corporation ( "City") and
HALLA NURSERY, INC., a Minnesota corporation ( "Owner "),
RECITALS
WHEREAS, Owner leases the following described property ( "Subject Property ") located
at 10,000 Great Plains Boulevard in the City of Chanhassen, Carver County, State of Minnesota,
consisting of approximately 12 acres now devoted to retail nursery, garden center and
contractors' yard and legally described as follows, to -wit:
Lot 10, Block 1, Great Plains Golf Estates, according to
the recorded plat thereof, Carver County, Minnesota.
The Subject Property is zoned A -2, Agricultural Estate District.
WHEREAS, in early 1994, Owner constructed a new retail sales building (" Garden
Center") of approximately 5,000 square feet on the Subject Property, and no building permit or
Zoning approval was obtained. Owner has since used the Garden Center for retail sale of goods
to the general public.
P.'
mvk-
�Ge V 2 � C) ✓Y�,
3:00 p m
DISTRICT COURT
FIRST JUDICIAL DISTRICT
File No. C8 -94 -851
STIPULATION FOR ENTRY
OF JUDGMENT
"Jb 11 ;01 RJL,LIU.
P.
WHERE in May, 1994 the City inspected the Garden Center, The City Building
'
Official found that the Garden Center may not have complied with all the Uniform Building Code
'
( "UBC ") requirements for a B -2 occupancy.
WHEREAS, on June 1, 1994, the City initiated a civil lawsuit against Owner seeking to
'
permanently enjoin Owner's operation of a retail commercial business from the Garden Center
'
unless zoning approval was obtained, a Building Permit was obtained, the necessary requirements
for a B -2 occupancy were satisfied and a certificate of occupancy issued.
,
WHEREAS, on July 15, 1994 Owner filed an Answer and Counterclaim to the City's
'
Complaint,
'
WHEREAS, the Owner and City want to provide for the long term land use of the
Subject Property.
'
WHEREAS, the City is desirous of exercising its zoning and police powers for the public
'
good.
WHEREAS, the parties desire to amicably resolve and settle their differences and to
'
avoid the cost of further litigation.
NOW, THEREFORE, the parties stipulate as follows:
1
'
PERMIT APPROVAL" The City hereby
grantsV�W approval in accordance with the terms of this Stipulation. Except as otherwise
'
provided herein, the Subject Property shall be subject to the zoning regulations of the A -2 zoning
'
district. In addition to preexisting Grandfather rights, the following existing uses are permitted by
this Stipulation at their locations identified on Exhibit A:
,
A. Office, Garage, Sales Building K. Storage and Bins
B. Garden Center
'
L. Peacock Barn
C. Grecn Houses M. Game Barn
Z
_2 '96 11 - 02 RJB,LTD.
P. -3
'
D.
Shade House
N. Bridge
E.
Future Green Houses
0. Future Storage and Bins
'
F.
Storage Building
P. Parking
G.
Play Area/Gazebo
Q. Outdoor Display of Materials
H.
Truck/Storage Building
R. Storage, Growing and Outdoor
I.
Potting/Storage Building
Display of Nursery Stock
J.
Pump House
S. Acceptable Signage
'
These
designated buildings and uses may continue in compliance with the Stipulation in
'
perpetuity.
2. PLAN APPROVAL,
The City hereby approves the Site Plan dated June 10,
1996,
prepared by Owner and attached hereto as Exhibit "A ". The use of the Subject Property
' shall be in accordance with Exhibit A.
3. GARDEN CENTER The Garden Center identified as Building B on Exhibit A
may not be enlarged beyond its current footprint, nor may a basement or second story be added.
' A. Retail Sales - Defined. Retail sales means sales to the general public of
products as listed on the attached Exhibit "B" (Permitted Products).
' B. Retail Sales Prohibited. All retail sales are strictly prohibited, except as
' expressly allowed by preexisting Grandfather rights, zoning and pursuant to this
' Stipulation.
C. Allowed Retail Sales. The general public may enter and use the Garden
' Center, Greenhouses, Office and the outdoor areas shown as K, 0, Q and R for the
purpose of viewing, selecting and purchasing Permitted Products. All cash register
checkout activity must take place inside the Garden Center,
D. Expansion of Retail Sales. The buildings and outdoor areas where retail
' sales are permitted may not be expanded or relocated without the prior written approval
of the City.
3
c2 'y6 11 :02 RJB,LTD.
P.5
E, Expansion of List of Permitted Products, The list of Permitted Products
'
may not be expanded without the prior written consent of the City. The list of Permitted
,
Products may not be expanded to include power tools which arc not hand held, farm
implements, motor vehicles, snow plows or snow plow blades, or recreational vehicles or
'
non - handheld equipment of any kind.
'
F. Inspection. The City may inspect those portions of the Subject Property
and buildings which are open to the general public, without advance notice to the general
'
public, without advance notice to the Owner, during the business hours when those
'
portions of the Subject Property and the buildings arc open to the general public. The
'
City agrees to conduct the inspections in a reasonable manner, and without any undue
disruption to Owner's use of the Subject Property,
'
4, NURSERY.
'
A Nursery Stock and Equipment - Defined. Nursery stock means
flowers, shrubs, plants and trees. Nursery equipment means equipment used for growing,
'
storage and display of said nursery stock.
'
B. Indoors. The buildings on the Site Plan identified as C. D, E, I, L and M
may be used for growing, storage and display of nursery stock and nursery equipment.
'
C. Outdoors. The outdoor area identified as R may be used only for
'
growing, storage and display of nursery stock and nursery equipment,
'
D, Expansion of Nursery. The buildings and outdoor areas where nursery
activities are permitted may not be expanded or relocated without the prior written
'
approval of the City.
' 96 11:03 RJL, LTD. �' 6
S. CONTRACTOR'S YARD.
A. Approval. The outdoor areas identified on the Site Plan as CY
Contractor's Yard may be used for the outdoor storage of vehicles, materials and
equipment.
' B. Screening. The outdoor areas identified as CY on the Site Plan must be
' screened, fenced or landscaped to provide screening of all vehicles, AMMAW and non -farm
equipment from public streets and any property not owned by Owner.
' C. Buildings. The buildings identified as A, r, H, I and J may be used for
' storage of vehicles, equipment and materials used in conjunction with the Contractor's
Yard.
D. Expansion of Contractor's Yard. The buildings and outdoor areas where
Contractor's Yard activities are permitted may not be expanded or relocated without tho
prior written approval of the City,
' G. SIGNAGE.
' A. Accepted Signage. The following signs are accepted and permitted.
1. Existing sign on the roof of the Garden Center.
2. Existing directional and safety signage.
' 3. Existing sign at the entrance to the Subject Property from Highway 101
or an updated pylon sign of the same height and square footage.
' 4. A "V" shaped sign located at the corner of Highway 101 and Pioneer
Trail may be installed. This sign must be removed within 30 days after
' the sale and closing of the sale of Lot 8, Block 2, of Halla Great Plans
Addition.
' B. Directional/Safety Signage. Additional on -site directional and safety
signage may be allowed provided that it is approved in writing in advance by City Staff.
22 '96 11 :03 RJB,LTD.
F.7 ,
C. Prohibited Signage. All additional signs are strictly prohibited, except as '
expressly allowed pursuant to this Stipulation, or pursuant to a sign permit approved by '
the City.
7. PARKING. '
A. Minimum Number of Stalls. The areas identified as P on the Site Platt
are at least the minimum required parking stalls, which shall not be devoted to any other '
use.
B. Handicapped Parking and Fire Lanes. The handicapped parking stalls '
and fire lanes as shown on the Site Plan must be designated and marked as required by '
State law and City ordinance,
8. FENCE. '
A. Future Fence or Screening. Owner will obtain any required fence permit '
from the City prior to installing the future fence as shown on the Site Plan,
B. Installation Date. The future fence or screening roust be installed within '
thirty (30) days after a certificate of occupancy is issued to any residential lot which abuts '
the Subject Property. Owner shall be granted a reasonable extension of this time limit if '
necessary due to weather or ground conditions.
9. PUBLIC ADDRESS SYSTEM. Owner shall not expand outdoor use of the
existing public address system effective of the date of this Stipulation. '
10. ENTRY OF ORDER FOR JUDGMENT AND JUDGMENT. Upon oxecution
Of this Stipulation, the parties agree to submit the Order, attached hereto as Exhibit "C" to the ,
Court. The parties hereby stipulate to entry of said Order by ex -parts motion of either party. '
' 11. SEVERABIUTY. If any portion, section, subsection, sentence, clause,
' paragraph, or phrase of this Stipulation is for any reason held invalid, such decision shall not
' affect the validity of the remaining portion of this Stipulation.
12, WAIVERS /AMENDMENTS. The action or inaction of the City shall not
' constitute a waiver or amendment to the provisions of this Stipulation, To be binding,
' amendments or waivers shall be in writing, signed by the parties and approved by written
resolution of the City Council, The City's failure to promptly take legal action to enforce this
Stipulation shall not be a waiver or release.
' 13, RECORDING. This Stipulation shall run with the nursery business and may be
recorded against the title to the Subject Property.
14. REMEDIES. Each right, power or remedy herein conferred upon the City is
cumulative and in addition to every other right, power or remedy, express or implied, now or
hereafter arising, available to City, at law or in equity, or under any other agreement, and each
and every right, power and remedy herein set forth or otherwise so existing may be exercised
' from time to time as often and in such order as may be deemed expedient by the City and shall not
' be a waiver of the right to exercise at any time thereafter any other right, power or remedy.
If the City is found in a court of law to have illegally attempted enforcement of any aspect
of this Stipulation, the City shall be responsible for any and all costs of defense and its attorney's
' fees incurred by Owner.
15. NOTICES. Required notices to the Owner shall be in writing, and shall be either
' hand delivered to the Owner, its manager, or mailed to the Owner by registered mail at the
' following address: 10,000 Great Plains Boulevard, Chaska, MN 55318. Notices to the City shall
be in writing and shall be either hand delivered to the City Manger, or mailed to the City by
FA
22 '96 11 : 05 RJB,LTD. P.
registered mail in care of the City Manager at the following address: Chanhassen City Hall, 690
Coulter Drive, Box 147, Chanhassen, MN 55317.
16. SUCCESSORS AND ASSIGNS. This Stipulation shall be binding upon the
parties, their successors and assigns, and subsequent purchasers of the Subject Business.
17. JURISDICTION. The District Court shall reserve and retain jurisdiction to
enforce this Stipulation and issue additional orders as it deems just and proper.
18. EQUAL PROTECTION. The City will not enforce any provision of law against
Owner unless it is enforced on all A -2 users in accordance with the equal protection doctrine.
19. PUBIC INTEREST. This Stipulation shall be liberally construed to protect the
public's interest,
CITY OF CHANHASSEN
CAMPBELL, KNUTSON, SCOTT
& FUCKS, P.A.
By
Donald J. Chmniel, Mayor
Bir
Don Ashworth, City Manager /Clerk
HALLA NURSERY, INC.
B
Donald E. Halla, President
By
Elliott B. Knotsch ( #168130)
Attorneys for Plaintiff
317 Eagandale Office Center
1380 Corporate Center Curve
Eagan, M[1 55121
612/452 -5000
ROBERT J. BRUNO, LTD.
Robert J. Bruno ( #12415)
Attorney for Defendant
1601 E. Highway 13, Suite 107
Burnsville, MN 55337
612/890 -9171
STATE OF MINNESOTA )
ss.
COUNTY OF CARVER )
1'. W
The foregoing instrument was acknowledged before me this day of
1996, by Donald J. Chmiel, Mayor, and Don Ashworth, 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 )
) as.
COUNTY OF DAKOTA )
The foregoing instrument was acknowledged before me this day of
1996, by Donald E. Halla, as president, and on behalf of Halla Nursery, Inc.
Notary Public
a
I
` jb 1i: U5 KJb,LI1J.
EXHIBIT "B" . PERAUTTED PRODUCTS
PRODUCTS FOR THE INSTALLATION, SALES, CARE, MAINTENANCE AND
ORNAMENTATION OF PLANTS, LAWNS, ANIMALS
FEATURES I,2,3,4 AND OTHER LANDSCAPE
FERTILIZERS 1,2
HERBICIDES '
PATIO PRODUCTS 1 1 2
FUNGICIDES'
ORNAMENTAL ITEMS
BIRD SUPPLIES'
WATER PRODUCTS '.z
BIRD FEEDERS 1,4
BULK SOILS z
BIRD HOUSES 1.4
BAGGED MULCHES 1,2
BIRD BATHS 1.2.4
BULK MULCHES z
WEED BARRIER FABRIC AND PINS ''z
BAGGED SOIL 1,2
POWER AND HAND TOOLS '
SITE FUNITURE 1 ,2
SEEDS'
CONSULTATIONS1,2,3
SPREADERS
GAUGES'
WATERING EQUIPMENT 1 °2
TWINE'
POLY'
INFO RMATIONAL TEXT'
PONDS ',z,3.a
CLOTH AND NETTING'
STATUARY 1,v,4
PLANT SUPPORTS 1,4
FENCING1'2
FOUNTAINS 1,2,4
TRELLISES 1.2.3,4
FISH AND WATER PLANS 1,2,4
GAZEBOS 1.2.1
STRAWAIARSH HAY 2
LIGHTING 1.3
LABELS'
CHRISTMAS TREES & ACCESSORIES ''Z
BS ',z
BULBS'
LANDSCAPE DESIGNS z,3
CLOTHING'
LABOR x,3
PESTICIDES I
MAINTENANCE z3
CHIIVIF,S ',z,a
SNOW PLOWING 2.3
PO'.CTERY''2'4
INSTALLATIONS 2,3
ANIMAL REPELLENTS
CONSTRUCTION 2'3
SOD 2
RECONSTRUCTION x.3
WOOD TIES z
REMOVAL z,3
TOOL AND EQIUPMENT RENTAL 1 '� 3
DELIVERY ,2,3
SOIL AMENDMENTS 1,2,3
BOULDERS
TREE, SHRUB &PLANT MATERIAL''2'3'4
x
SAND SAND 2
INSURANCE/DAMAGE EVALUATIONS 1.3
1
1
GIFT CBRTIFICATES''3
STRUCTURES -2
GAML/FARM ANIMALS & SUPPLWS''2'4
OUTDOOR LIVING ACCESSORIES 1.2.3,4
RETAINING WALL PRODUCTS
PLAYGROUND EQUPIMENT 1,2
MISCELLANEOUS ITEMS, PLANTS OR MATERIALS
FOR THE AESTHETIC,
P
TICAL, Il RAG_
EMENT, OR USE OF INDOOR AND OUTDOOR LIVING 1,x,3,4
---- --
'Indoor
SPACES
-r """---
2 sales from the Garden Center
Outdoor sales
3 Indoor sales from the Office
4 Sales from the Greenhouses identified as Buildings C & E on Exhibit A.
P. 11
/G
P.12
'96 1106 RJB,LTD.
EXHIBIT "C"
' STATE OF MINNESOTA DISTRICT COURT
COUN'T'Y OF CARVER FIRST JUDICIAL DISTRICT
City of Chanhassen, File No. C8 -94 -851
Plaintiff,
' vs.
Italia Nursery, Inc., a ORDER FOR JUDGMEN
M mesota corporation, AND JUDGMENT
Defendant.
'
ORDER FOR JUDGMENT
Based upon the Stipulation for Entry of Judgment, and upon all the files, records and
' proceedings herein, IT IS HEREBY ORDERED!
' 1. The City of Chanhassen, Halla Nursery, Inc., and the Subject Property are each subject
to and bound by the terms of the Stipulation for Entry of Judgment, wluch is incorporated herein
' by reference.
' 2. Defendant Halla Nursery, Inc. is hereby permanently enjoined from using the Subject
Property in violation of the Stipulation for Entry of Judgment. Defendnat's violation of any
' obligation under the Stipulation will constitute immediate and irreparable damage to the Plaintiff
t not compensable in money damages and entitles the Plaintiff to preliminary and permanent
injunctive and equitable relief to cure the violation upon application to the District Court.
' 3. Plaintiffs violate of any obligation under the Stipulation will constitute immediate and
' irreparable damage to the Defendant not compensable in money damages and entitles Defendant
to preliminary and permanent injunctive and equitable relief to cure the violation upon application
to the District Court.
JET 11 :06 RJB, LTD. P. 13
4, Defendant Halla Nursery, Inc 1 5 Counterclaim is hereby ismis
Y sod to its entirety with
'
prejudice. i
'
5. The Court shall reserve and retain jurisdiction to enforce the Stipulation for Entry of
'
Judgment, and issue additional orders as it deems just and proper.
THERE BEING NO JUST CAUSE FOR DELAY, LET Ji TDGNMNT BETVETERED
'
ACCORDINGLY, FORTHWIT i
'
Dated: , 1996 BY THE COURT:
'
Judge of District Court
J'UDGM ENT
The
'
above Order hereby constitutes the Judgment of tlus Court.
Dated: , 1995 DISTRICT COURT ADMINISTRATOR
'
'
13V
Deputy
1
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