1d. Halla Nursery Stipulation Agreement Clarification0
CITY OF
CHANHASSEN
7700 Market Boulevard
PO Box 147
Chanhassen, MN 55317
Administration
Phone: 952.227.1100
Fax: 952.227.1110
Building Inspections
Phone: 952.227.1180
Fax: 952.227.1190
Engineering
Phone: 952.227.1160
MEMORANDUM
TO: Todd Gerhardt, City Manager
FROM: Kate Aanenson, AICP, Community Development Director
DATE: March 11, 2013 Q� .
SUBJ: Approve Clarification of Stipulation Agreement
Halla Nursery /The Mustard Seed
PROPOSED MOTION
"The Chanhassen City Council approves clarification of the Halla Nursery
Stipulation Agreement by replacing the site plan with Exhibit A -1 2013."
City Council approval requires a simple majority vote of City Council present.
Fax: 952.227.1170
Mark Halla is now the owner of the Halla Nursery site located at 10000 Great Plains
Finance Boulevard. Mark is expanding his business, The Mustard Seed, to this site. The use
Phone: 952.227.1140 of this property is bound by a Stipulation Agreement dated February 10, 1997. It is
Fax: 952.227.1110 Mr. Halla's intention to possibly sublease a portion of the site. Any potential user is
Park & Recreation also bound to the limitations of the stipulation agreement.
Phone: 952.227.1120
ATTACHMENTS
Fax: 952.227.1110
In reviewing the original site plan (Exhibit A of the Stipulation Agreement) and uses,
7901 Park Place
it was discovered that a building was omitted. A revised site plan has been submitted
Recreation Center
showing the new building (Building W) which is to be used for storage, animals,
2310 Coulter Boulevard
garage and office. This building is heated. Building X has also been identified on the
Phone: 952.227.1400
revised site plan to clarify that it is being used for water garden supplies.
Fax: 952.227.1404
Planning &
As per the Stipulation Agreement, the City Council has the authority to make
Natural Resources
amendments. It is staff's recommendation that Exhibit A -1 2013 replace the original
Phone: 952.227.1130
Exhibit A.
Fax: 952.227.1110
Web Site
www.ci.chanhassen.mn.us
Chanhassen is a Community for Life - Providing for Today and Planning for Tomorrow
ATTACHMENTS
Public Works
7901 Park Place
Phone: 952.227.1300
1. Stipulation Agreement.
Fax: 952.227.1310
2. Exhibit A -1 2013.
3. Exhibit A -1 2013 Topography Map.
Senior Center
Phone: 952.227.1125
g: \plan \ka \halla \cc staff report - approve clarification of stipulation agreement 03- 11- 2013.doc
Fax: 952.227.1110
Web Site
www.ci.chanhassen.mn.us
Chanhassen is a Community for Life - Providing for Today and Planning for Tomorrow
09/15/97 14:26
$612 9846 CAMPBELL HNUTSON
STATE OF MINNESOTA
COUNTY OF CARVER .
City of Chanhassen,
vs.
Plaintiff,
Halla Nursery, Inc., a
Minnesota corporatioA,
'Defendant.
2002
DISTRICT COURT
FIRST nMTCIAL WSTRICT
CASE TYPE: 10 /0ther Civil
Court File No. C8- 94 , $51
STH LATION FOR ENTRY
OF a[JDG..WNP
STIPULATION, made this 10th day of February. 1997, by, between, and among the
CrrY OF CHANHASSEN, a Minnesota municipal corporation ("City"), and HALLA
NURSERY, WC-,, a Minnesota corporation, ( "Tenant ").
VYHEREAS, Tenant leases the following descrs'bed property ( "Subject Property")
located at 10;000 Great Plains Boulevard in the City of Chanhassen, Carver County, State of
Millllesota consisting of approximately 12 acres now devoted to retail nursery, garden center,
and contractor's yard and legally described as follows, to -wit:
Lot 10, Block Z, Halla Great Plains Addition, according to the
recorded play thereof, Carver County, Minnesota.
The Subject Property is zoned A -2, Agricultural Estate District.
WHEREAS, in early 1994, Tenant constructed a new retail sates building ( "Garden
Center ") of approximately 5,000 square feet on the Subject Property, and no building permit
31155.12 Chanhassen /Rath Nursery, Inc.
r02/03/97
09/15/97 14:27 1&612 ,, i 9845 CAMELL KNUTSON : X1003
was obtained. Tenant Teas since used the Garden Center for retail We of goods to the
,goneml public.
W REAS, 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
VUBC ") requirements for a B -2 occupancy.
WHEREAS, on June 1, 1994, the City initiAted a civil lawsuit against Tenant seeking
to permanently enjoin Tenant's operation of a retail commercial business from the Garden
Center unless a Building Permit was obtained, the necessary requirements for a 13-2
occupancy were satisfied and a certificate of occupancy issued.
VVEM RE AS, Tenant has obtained a Building Permit and has complied with the March
20, 1995 Letter of Understanding and completed all requirements for a B -2 occupancy for
the Garden Center, with a fire alarm monitoring system in lieu of a sprinkler system. The
City must still conduct a final inspection and issue a Certificate of Occupancy, if appropriate.
WHEREAS, on July 15, 1994, Tenant filed an Answer and Counterclaim to the
City's Complaint.
WHEREAS, the Tenant and City want to provide for the long team land use of the
Subject Property.
VdWREAS, the City is desirous of exercising its zoning and police powers for the
public good.
a
WHEREAS, the parties desire to amicably resmive and settle their differences and to
avoid the cost of further litigation.
NOW, THEREFORE, the parties stipulate as follows:
31155.12 Chanhassen /HaLta Nursery, Inc,
r02/03197 -2-
$612 A "_I 9345 CAMPBELL KNUTSON
APPROVAL. Except as otherwise provided herein, the Subject Property shall
be subject to the requirements of the City's Zoning Ordinance, as may be amended from
time to tilue. Except as allowed by the Zoning Ordinance, no permitted, conditional, or
interim uses are allowed, however, except for the following uses at the locations identified
on the Site Plan, Exhibit "A ", unless the use is approved in advance by the City Council.
A.
Office, Garage, Sales Building
R.
B.
Garden Center
L.
C.
Existing Green Douses
M.
D.
Shade House
N.
E.
Future Green Houses
0.
F.
Storage Building
P.
G.
Play Area/Gazebo
Q.
H.
Truck/Storage Building
R.
1.
Patting /Storage Building
J.
Pump House
S.
T.
U.
LY:
Y.
Storage in Bins
Peacock Barn
Game Barn
Bridge
Future Storage Bins
or Product on Pallets
Parking
Outdoor Display of Materials
Storage, Growing and Outdoor
Display of Plant Materials, or
Temporary Storage of Supplies on
Pallets or Wheels, excluding
trailers longer than 16 feet
Permitted Signage
Directional or Safety Signage
(TX - T18)
Future pergola
Landscape Yard
Pond. Easement Area.
These designated buildings 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 January
27, 1997, prepared by Tenant and attached hereto as Exhibit "A". The use of the Subject
Property shall be in accordance with Exhibit "A" and Exhibit "B". If the Site Plan varies
from the written terms of this Stipulation, the written terns shall control.
31155.12 chanhaasen /xatla Nursery, Inc.
x02/03197 -3-
0 004
09/15/07 14:29 e812 A "�, 9845 CAMPBELL KNUTSON 005
3. GARDEN CENTER. The Garden Cent identified as Building B on Exhibit
"A" may not be enlarged beyond its current footprint, nor may a basement or second story
be added, unless approved in advance by the City Council.
A. Retall Sales - Defined. Retail sales means sales to the general public of the
products limed 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 and Exhibit "B"
C. Allowed Retail Sales, The general public may enter and use the Garden
Centef, Greenhouses, Shade House, Office and the outdoor areas shown as K, 0,' 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. Expansiou of Retail Sales. The buildings and outdoor areas where retail sales
= permitted may not be expanded or relocated on the Subject Property, Exhibit "A ",
without tho prior written approval of the City..
fi_ Expansion of List of Permitted Products. Thb list of Permitted Products
may not be expanded without tho prior written consent of the City. The list of permitted
Products may not be expanded without the prior written consent of the City, 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 rind.
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 Tenant, during
the business hours when those portions of the Subject Property and the buildings are open to
31155.12 Chanhassen /Natla Nursery, inc.
rD2 /03197 4-
09/15/97 14:29 %2612 A ^% 9845 CAMBELL IUMSON Q006
the general public. The City agrees to conduct the inspections in a reasonable wanner, and
without any undue disruption to Tenant's use of the Subjeet Property.
4. NURSERY.
A. Nursery Stock and Nursery Equipment - Deftned. Nursery stock means
flowers, shrubs, plants and trees. Nursery equipment means equipment owned or Ieased by
Tenant used for growing, storage, digging, installation or display of nursery stock.
B. Indoors_ The buildings on the Site Alan identified as C. D, E, F, H, I, L and
M may be used for growing, storage and display of nursery stock, nursery supplies, Garden
Center supplies, and nursery equipment. `
C. Outdoors. The outdoor area identified as R may be used only for storage,
growing and outdoor display of plant materials, or supplies on pallets or wheels,
O. Expansion of Nursery. The buildings and outdoor areas where nursery
activities are permitted way not be exptlnded or relocated on the Subject Property, Exhibit
"A" without the prior written approval of the City Council.
5. LANDSCAPE YARD.
A. Defined. Landscape Yard means an area or use of land where vehicles,
equipment and materials commonly uses by nurseries and landscaping contractors are stored
or serviced,
13. Approval. The outdoor areas identified on the Site Plan as LY = Landscape
Yard may be used for a Landscape Yard.
C. Screening. The outdoor areas identified as LY on the Site Plan must be
screened, fenced or laiadscaped to provide effective screening of all vehicles, materials and
equipment from public streets and any property not leased or owned by Tenant. The
31155.12 Chanhassen /Malta Nursery, Inc.
r02/03/97 -5-
Ob/15/97 14:29 V612 9845 CAMPBELL RWffSON : .: QJ 007
screening must meet the requirements of City Code Section 20 -1180, with the exception that
required screening may be located on adjacent property with the written consent of the owner
of the adjacent property.
D. Builftgs. The buildings identified as A, F, H, I and I may be used for
storage of vehicles, equipment and materials used in conjunction with the Landscape Yazd.
E. Expansion of landscape Yard. The buildings and outdoor areas where
Landscape Yard activities are permitted may not be expanded or relocated without the prior
written approval of the City Council,
6. SI+GNAGE.
A. Permitted Signage. The following signs are allowed:
1. Existing sign on the roof of the Garden Center_
2. Existing sign at the entrance to the Subject property from Highway
101, or an updated pylon sign of the saute height and square footage,
3. One off premises directional sign may be placed in the southeast
quadrant of the intersection of Highway 101 and Pioneer on Lot 2,
Block 1, Halla Great Plains Addition. The sign content shall be as
approved by City Staff In the sign permit. The sign may not exceed
eight (8) feet in height and seventy -two (72) square feet in size per sign
face. The sign may have two sides back-to-back or "V" shaped- The
sign shall not be lit. Before erecting the sign, a sign permit must be
obtained from the City. The sign must be removed when the lot on
which it is located is sold.
4. PIant identification signs not to exceed two (2) square feet each.
B. Directional /Satoty Signage. On -site direetional and safety signage as shown
on the Site Plan. Additional on-site directional and safety siguage may be allowed provided
that it is approved by City Staff.
31155.12 Chanhassen /Matta Nursery, Inc.
09/15/97 14:30 $612 9845 CAMPBELL "KNUTSON woos"
C: Prohibited Signage. All signs are strictly prohibited, except as expressly
allowed pursuant to paragraphs 6,A, and 6B of this Stipulation, or pursuant to a sign peewit
issued by the City.
7. PARKING.
A. Minimum Number of Stalls. The areas identified as P on the Site PIan are at
least the minimum required parking stalls, which shall not be devoted to any other use.
B. Handicapped Pa rldng and Fire Lanes. The bandicapped 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 /SCREEN G/DERA. MG.
A. Future pence. Tenant 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, screening or berming must be installed
witbinw thirty (30) days after a certificate of occupancy is issued to any residential lot which
abuts the Subject Property. Tenant shall be granted a reasonable extension of this time limit
if necessary due to weather or ground conditions. The screening must meet the requirements
of City Code Section 20 -1180, with the exception that required screening may be located on
adjacent property with the written consent of the owner of the adjacent property.
9. PUBLIC ADDRESS SYSTEM. Tenant may retain the existing public
address systern, provided that Tenant shall permanently remove and disconnect all speakers
or other sound amplification devices located outsidc of a building by FEbruary 15, 1997.
The public address system or other sound amplification devices shall be operated so that it
31155_12 Chanhassen/Hatla Nursery, Inc.
r02/03197 -7-
09/15/97 14:31 $612 "5 9845 CAMPBELL EMSON 009
may not be heard by the human ear at the setback line of any property not leased or owned.
by Tenant.
10_ ENTRY OF ORDER FOR JUDGMENT AND XUDGMENT. Upon
execution of this Stipulation, the patties agree to submit the Order, attached hereto as Fxhlbit
to the Court. The parties hereby stipulate to entry of said Order by ex pane motion of
either party.
11- SEVERAB L1Ty. If any portion, seeUon, subsection, sentence, clause,
paragraph, or phrase of this Stipulation is for any reason held invalid, such decision shall not
affect the validity of the remaining portion of this Stipulation:
12. WAIVERS /AMENDMENTS. The action or inaction of the City shall not
constitute a waiver or amendment to the provisions of this Stipulation. To be binding,
amendments or waivers shall be in writing, signed by the parties and approved by written
resolution of the City Council. The City's failure to promptly take legal action to enforce
this Stipulation shall not be a waiver or release.
13. RECORDING, This Stipulation shall run with the land and may be recorded
against the title to the Subject Property_
14, NOTICES. Required notices to the Tenant shall be in wrift, and shall be
either, stand delivered to the Tenant, its manager, or mailed to the Tenant by registered snail
at the following address: 10,000 Great Plains Boulevard, Chaska, MN 55318, with a copy
mailed to Don Hal1a at 6601 Mohawk Trail, Edina, MN 55439, and to Mark Halla at 770
Creekwood, Chaska, MN 55318. Notices to the City shall be in writing and addressed to
the City Manager and shall be either hand delivered to the City Manager of the office staff.
3755 Chanhassen /Salta Nursery, Inc.
r02/03/97 .$.
49/15/97 14:31 $612 A " 9845 CAMPBELL INUTSON
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, Mai 55317.
15. SUCCE,SSO'RS AND ASSIGNS. This Stipulation shall be binding upon the
parties, their successors and assigns, and subsequent purchasers of the Subject Property.
16. JUIISDIiCTION. The District Court shall reserve and retain jurisdiction to
enforce this Stipulation and issue additional orders as it deetus just and proper.
17. EQUAL PR(Yt' TTION. The City will not enforce any provision of law
against Tenant unless it is enforced on all A-2 users in accordance with the equal protection
doctrine. ,
YS. PUBLIC INTEREST. This Stipulation shall be liberally construed to protect
the public's interest.
19. ENFORCEDIENT. The prmiling party in any actions or prodding in cuurt
to enforce or interpret the terms of this Stipulation shall be entitled to reecivo its reasonable
attorneys' fees and other reasonable costs and expenses from the non prevailing party.
CITY W? CHANHASSEN
BY:
31155.12 Chanhassen/Natta Nursery, Inc. j
ro2/03/97 -9-
OD/15/97 14:32 0812 A ^% 9845 CAMPBELL KNUrSON
STATE OF MINNESOTA )
� ss.
COUNTY OF CARVER )
Q01:1
The foregoing instrument was acknowledged before me this ,-A 4 day of
, 1997, by Nancy K. Mancino and by Don Ashworth, the Mayor and
City Manag • oerlt of the City of Chanhassen, a Minnesota. municipal corporation, on behalf
of the corporation and pursuant to the authority granted by its City Council-
CAMPBE
LL. KNUTSON, SCOTT
& FUCHS, P.A.
By.
!M1p
KARENJ. EN08MROT
NOTARY PUBLIC - MN NESOTA
CARVER COUNTY
�hr�`ornndrsron Ex Jan. at, 2Q0o
Elliott B. Kn& ch, #15$130
Attorneys for Plaintiff
317 Eagandale Office Center
1380 Corporate Center Curve
Eagan, MN 53121
(612) 452 -5000
31155.12 Chanhassen /Nell. Nursery, Inc.
r02/03197 -10-
0/15/97 14:32 '0612 a "`r 9845 CAMPBELL KNUTSON 012
TENANT:
E["LA NURSM4 Y, INC.
i�
ANE
STATE OF MINNESOTA )
ss.
COUNTY OF
The foregoing ilistrument was acknowledged before me this I " - day of
O' di±&Uly , 1997, by - 2aAI f . �f
_ 4y-i-14- and
15 f> ��¢ , the ffla r oc- �r" and
v'��E s/Di+l i of Halla Nursery, Inc., a Minnesota corporation, on behalf of
said corporation.
Notary Public
RUNO
��- Miar�on
r KOts County
BY: rr
4 7RDE WRT
�uo�
Mr. Robert 1. Bruno, #12415
Attorney for ]defendant
107 Burnsville Professional Plaza
1501 East Highway 13
Bumsville, MN 55337
(512) 890 -9171
D1tAFM BY:
CMPbell Knutson, Scott & Fuchs, P.A.
1 380' Corporate Cerrter Curve, Suite #317
]Eagan, Mimasvta. 55121
Telephone: (612) 452 -5000
EEK
37155.12 Chanhassen /Salta Nursery, Inc.
69/15/97 14:33 0612 9845 CAMPBELL KMSON
FEE OWMP. CONSENT
T
STIPULAnON FOR ENTRY QF TUDGA4F.W
0 013
DONALD E. HALLA and SANDRA J. CWAYNA HALLA, husband and wife, fee
owners of the Subject Property more particularly described in the foregoing Stipulation. do
Thereby join in, affirm, and consent to the provisions tberepf and agree to be bound by the
provisions as the same may apply to that portion of the Subject Property owned by them.
Dated:
7 '7
DONALD E. HALLA a /kla. Don E_ Hana
SANDRA J. C'.WMNA
STATE OF ]'v1INNF.SOTA )
( ss.
COUNTY OF 'P4�o r A )
The foregoing instrument was admowledged before me this - .. - clay of
E~ � X2 VA-R 1997, by DONALD E. - HALLA ands -: ' ,
'C
husband and wife. W SANDRA J. C WAY NA HALLA
. ` Y PUBLIC -
x x L C for saga. J.
z1. 17 Cwayna Halla
NOTARYH -MINA A
HCzNNEPIN COUNTY
MYcare. E4*WJan.31.RW0
mm
a
NOTARY PUBLIC for Donald E. Halla
y p�A� I,4AA,4ti
R00TJ BRUN0
r � tvntatY kol C nesota
��t Fjtpi(� 000
31155 -12 . Chanhamen/Halla Nursery, Inc.
r02/03/97 -12- .
KEY:
A - OPP! .MoAGNOMAI•ID 6 EiII LDII J6
D • 6A%KDMV GFHT 0:U1LPI4&
C • F-XISTIN6 GKE:NH0U5E5
D •SHADE HaSt .
F. ■ F UTU P -M GFEEN!'I0u-
F • 5TGRAGE DUILDINEt
G - (LAY NWEAICOzUo
H - TfZ*;K fJaD STOR/ t IRULC•IN;6 W/ office
I • rvM1 •16 aNi; 5TORf41 PUILDIN
,T • PUMP Hzim
K ^ ST?F/.•SE 114 MiS
L • PEAWGK WARN
r! - G%ime 13tin14
IJ ■ gF�IDSP.
O • FUruAE 57rAM4Z 0Irg5 �oR PKc.DLwr Oti
VA LP.T5
P • PAIir�INb
LI • OUT' XWR DOPLAYor mATEIt1,4L'S
R • �T�PK�C,fiY.BY/WG N%V C!UMOOK 01 LAY
of PI � , IT w�f,TET�M.9, OK 5arf'1.!E5 F,
F AL.Mr5 OR YJHP.EI.'S
S • ►CPJ11TT80 5I4MA4E KE *-;': DIRECTIONAL OK
T • {�IFL!�TI• :ri^•L 0% MPETT ..I�a:•t%•.40
U - FJTUM F".. 60L.A
V •CITY Pril .p EASEMEt;T lac! I
V • UktJ WADE YAf'D
• </
W= Storage, animals, garage, office
X =Water Garden Supplies �\
I
\\
sort 00 /L[: '� ' /,ANOSea arS
AM S'.8
0 n� II rc:�ccl
R T6 !.Y Olt scWtols
C' G r art
c R�
E B I I
O TM I
EXHI6IT A -1 2013
FwUrz
ears«,: "•
a
arrxrm,c,
Nns I
I
t,Y
M G
I E
14
m A'
P
R N v pT4
�FETY 51UNAC -�E
TI • GAR:$NGLN�R ib' +'X.'
T2 • GRSF.N'ri0u5E!5 I2 *?(v" .
T3 " GC: +EFAL OFFICE, LW�tUS�PL' GPPI•.E 9.'+••;S'
NIiLA W •u•
NO "W IZ•' 18•
T9 • O• RaD d -UPPED TF�EEs AW 'Sf;► :4P
M' • 9i"
' i T5 • Pti'FIEHIIIALS /HC7!rA � 14' •
7Z'
77,-B,T1 - 4ARDENGENtL•PS CNCCKOUT Mt'•w
: !1 B .0 RJIPI
LAP'
P ^60
M TLL• Po'r71M( SHED Is'•77.'
TIS • 7XUCIC ilhRl�6� a' x mc' .
TM � - Srca�,E 4nF�ciE Ix
T13 - GHf.DREN S Pu+Y APR.t I[." +' 9Qo�'
PLPBNNIAL SFiJ�DC MCi':5e V." • 5Y."
T17 • ISlJ1J;DMIp t3uFil.f%PPFA ,$iiF LI'L= M" • w
Y15 • HANDIGM P/�FW.pJfi !9' * tl `
T19 =Water Garden Supplies and fish 14'x 72'
PE
u"eseweaariu ao«uoon OIOWAf `./ "'« 1 36- 4; . "' • - "1 °•°•• "�, iltr Gd.SL'�6.0 ^..x..3+3+ ? -
■.•wr ' • w� �r« ., «,.w� «r►r, t�O
'YN NATIONAL LANbBOAP AWARD WIN II UR&KNY* Fill � ■ i. g.2ga 100 N0.
I I
.P
4
-by
AN
me
f6
dftw ov 0 v 4w
1 1
orow. Ir
W
1
li e
I F
jr
11 Ir