2 Amendment to Halla Stipulation Agreement
~
CITY OF
CHANHASSEN
MEMORANDUM
TO:
Don Ashworth, City Manager
Kate Aanenson, AICP, Planning Director 'fJr
')90 City Center Drive, PO Box 147 FROM:
Chanhassen, Minnesota 55317
Phone 612.937.1900 DATE:
General Fax 612.937.5739
Engineering Fax 612.937.9152 SUBJ:
Public Safe0' Fax 612.934.2524
Web www.ci.dJ.11zhasse1I./IIn.us
September 22, 1998
Request to Amend the Stipulation Agreement for Halla Nursery
Update (11-18-98)
On October 26, 1998, Mark Halla appeared before the City Council under
Visitor's Presentations requesting approval to expand their game bird barn/storage
building. The City Council requested this be placed on the regular agenda. The
Halla's are requesting a 54' x 54' addition to the building. The building will then
be 8,316 square feet (154' x 54 '). Notice of the proposed change was sent to the
neighbors.
Back2round
At the September 14th and 28th City Council meetings, the council tabled this item
to ensure the neighborhood was given the opportunity to provide input and to
ensure compliance with the stipulation agreement. The Halla's requested
approval to install a 4' x 8' sign in the greenhouse. They have stated that they
need the sign because it is a requirement of their membership in True Serve/Home
& Garden Showplace. Window signs that are painted do not need a permit
(because they are temporary), but they are regulated in size of the window they
can consume. The type of sign being requested does require a permit because it is
a permanent sign. This sign would consume 2.6 percent of the wall area and
would meet ordinance requirements except that this property is zoned A-2 (wall
signs are not permitted in this district). An amendment to the stipulation
agreement is required to allow the sign.
Mark Halla is requesting an amendment to the stipulation agreement between
Halla Nursery and the City of Chanhassen. This agreement was approved in the
spring of 1997. The agreement outlines the terms under which Halla Nursery can
operate and further states that any changes must be approvetl by the City Council.
Halla Nursery is a retail nursery garden center and contractors yard. The Halla's
are requesting to expand the peacock barn as well as move it to another location.
be City ofChallhasseIl. A growing cOInlllunity with cleanlak-es, qUilli0' schoo[(, a channing dowl!toWIl, thriving busillesses, and beautiful park-so A great plilce to live, work 11l1d play
Mr. Don Ashworth
September 22, 1998
Page 2
Analvsis
The zoning on the property is A-2. An agricultural use is a permitted use in this
district and would not normally require a building permit; but in this situation, the
stipulation agreement supersedes the zoning ordinance.
The current peacock barn is located on the rear of the subject site (adjacent to the
golf course). Currently, the barn is 20 feet x 50 feet. They are proposing to
increase the barn to 54 feet by +00 154 feet and would like to locate it on the
south side of the property. This area will be adjacent to new homes off of Daylily
Place. The applicant has stated that the barn will be used to house 75 peacocks
that need to be indoors for the winter. They have also stated that 3,000 square feet
of the barn will be used for storage.
Recommendation
If the City Council wishes to approve this request, staff would recommend that the
stipulation agreement be amended specifying:
1. The size and location of the barn be limited to 54' x 154' as shown on site
plan and the number of peacocks (game birds) be limited to approximately 75.
2. A sign permit be taken out limiting the greenhouse to one sign 8' x 4'.
3. A landscape buffer remain at all times to the south off the new structure.
Attachments
1. Stipulation Agreement
2. Letter from Elliott Knetsch dated August 25, 1998
3. City Council minutes dated September 14 & 28 and October 12, 1998
4. Sign permit
5. Site Plan dated November 5, 1998
g;\plan\ka\halla stipulation.amd.doc
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g. Set Special Meeting Date to Canvass Election Results, November 4.
1. Approval of 1999 Prosecution Contract with Carver County.
J. Approval of Stipulation of Settlement Agreement for Special Assessments, E. Jerome Carlson
k. Resolution #98-91: Approve Resolution Amending Gas Piping Permit Fees amended to $25.00
plus surcharge.
m. Approval of Purchase Agreement for Outlot A, Sunridge 3rd Addition, Marlin Edwards Property
located at Lyman Boulevard and Audubon Road.
All voted in favor and the motion carried.
1. APPROVAL OF TAX INCREMENT FINANCING POLICY.
Acting Mayor Mason: Councilman Senn, item 1 (1).
Councilman Senn: 1(1), I would like to move that we table the tax increment financing policy for two
weeks with the exception that we will adopt the fee schedule included in it tonight.
Acting Mayor Mason: Is there a second on that?
Councilman Berquist: I'll second that.
Councilman Senn moved, Councilman Berquist seconded to table the Tax Increment Financing
Policy with the exception that the City Council adopt the fee schedule. All voted in favor and the
motion carried.
VISITOR PRESENTATION: None.
CONSIDER AMENDMENT TO STIPULATION AGREEMENT FOR HALLA NURSERY. 10000
GREAT PLAINS BOULEVARD.
Kate Aanenson: This item was tabled twice. At the last City Council meeting on September 28th. The
Council asked staff to review the location of the peacock barn with the concern that it may be onerous to
the neighbors on Daylily Place. There is trees there. The other issue is that they asked the applicant to
meet with the neighbors. They have provided neighborhood input reforms. The other issue that was still
outstanding was a sign permit. They are requesting a sign. It's the staffs opinion that it does not
constitute a wall, or a window sign but is rather a wall sign. Again that would require an amendment to
the stipulation agreement. Staff is proposing that the council recommends approval of this. That you
limit the size and location of the barn as shown on the site plan and the number of birds allowed which
they are requesting approximately, that we use that word, 75. Then also a sign permit, which they have
filled out, be applied for for the greenhouse, to limit that sign to 8 feet by 4 feet. Again the reason for the
sign was that they are part of, it say should say Truser Home and Garden Showplace and they are
required as a part of that to have a sign. So with that, those two conditions, staff would support that.
2
Acting Mayor Mason: Okay. Does council have any questions for staff at this time? Hearing none, Mr.
Halla would you like to comment at all tonight? You're certainly welcome to. You don't have to.
Don Halla: I don't know where we're at with this so I don't know what to comment on.
Councilman Senn: He can't resist.
Don Halla: You said you wanted to leave early so I thought I'd...
Acting Mayor Mason: Sounds good to me.
Don Halla: No, I don't know what the thoughts are you know, the pro and con. I guess I'd rather interact
with it at that point. We can do anyone of things. Build the 20 x 50 foot building that we have. We're
here so... If anything, on the bigger building that we've asked for on the other end, we would use it for
storage too so we wouldn't have outside storage where we have it.
Acting Mayor Mason: Am I to assume then Don that you are in agreement with staff recommendations
on this'! The size and location ofbam and number of peacocks allowed.
Don Halla: I don't know really know that I know. Did staff agree that our location?
Kate Aanenson: We've just remained silent on it. We just said if the Council wants to approve it. that
we recommended it be limited to 5,000 square feet shown as on the site plan, which is where you wanted
it, and that they limit it to approximately 75 birds. And also that a sign permit be taken out. That was
our recommendation.
Acting Mayor Mason: And I understand the sign permit has been taken out and that is essentially what
you \V'anted was the square footage and approximately the 75 birds, is that correct? Yeah.
Don Halla: We do have other miscellaneous...above that.
Acting Mayor Mason: Understood. With that, any comments from council on this request?
Councilman Berquist: I was just looking through the neighborhood survey that was done by the Halla's,
A family has indicated that the noise is pretty bothersome, I'm trying to get a feel for the location,
Okay. No. Nothing here.
Acting Mayor Mason: Hearing none, I'll ask for a motion.
Councilman Berquist: I'll move approval of the construction of the facility in the new location as
outl ined in the staff report.
Acting Mayor Mason: And as well the recommendation also includes a sign permit be taken out, which
it has been done but just so we're clear on that.
Councilman Berquist: Sorry, I was just reading here.
Councilman Senn: Did you include the condition that the trees remain?
Councilman Berquist: The trees to the south of the new structure? Absolutely.
3
Councilman Senn: That they remain in place. Not be.
Councilman Berquist: I mean that was the intent, right?
Don Halla: Yeah, we'll be...
Councilman Berquist: And the sign permit has been applied for.
Kate Aanenson: Right. It needs to be paid for and picked up, correct.
Councilman Senn: I guess I really want to make that clear. I mean the applicant made it very clear to us
that there would be a buffer between this and the residents so I want it to be a stipulation that there be a
buffer maintained there: At all times.
Acting Mayor Mason: That sounds like that will be included in this recommendation.
Councilman Berquist: So the condition that I'm adding to my motion is that a buffer be included to the
south of that property. Of the south of the 54 x 100 foot new structure at all times.
Don Halla: ... going to have a problem, we do it in increments of 4 feet in length...
Councilman Berquist: I don't have any problem with that.
Acting Mayor Mason: I'll second that motion. Any more discussion?
Councilman Berquist moved, Acting Mayor Mason seconded to approve the amendment to the
Stipulation Agreement for Halla Nursery specifying the following items:
1. The size and location of the barn and the number of peacocks allowed.
2. A sign permit be issued for one 8' x 4' sign to be displayed in the greenhouse.
3. A buffer remain at all times to the south of the new structure.
All voted in favor and the motion carried.
REQUEST FOR A CONDITIONAL USE PERMIT FOR THE OPERATION OF A FAST FOOD
RESTAURANT (SUBWAY) AT SEVEN FORTY-ONE CROSSING CENTER. 2413 WEST
HIGHWAY 7: SUB-STANTIAL SANDWICHES. FRAN FAGERSTROM.
Kate Aanenson: The applicant is requesting a new location for their Subway. It's currently at the Seven
and Forty One Crossing. It has been there since 1990. It did not receive a conditional use but now that
they are moving to a new location, we are taking it through the correct process. The staff sent out
notification on the conditional use. We did receive some complaints about screening, trash blowing
around and smells. Based on that, looking at the original conditions of approval for that center, we
recommended that the trash be stored internally which was a condition. Also that the operation comply
with all the original conditions of the site plan 86-2. When the Planning Commission held their hearing,
they did not concur with that recommendation. They felt like that would be onerous because the business
4
09/29/98 IUE 16:39
FAX 612 445 655i HALLA NURSERY INC
l4J 001/003
Permit #
Receipt #
Permit Fee $
!)ate: _____/~/_____
,ite Address: B~\\~ \.\~\\")~'(I~ I~ft\~~ ~\.I'~t\, fk\",~ B \\\~
Zoning DistI1ct: 4\ ~
)wner. ~\\Y\ ~'(I f'l-\}.\l'1. t\ ~\~
.ddress: J~I~~ ~ "'f~ ?\n)",-~ \\\ v\ "
Phone:~~
t,\~\.y,~ I\^}..L S~j\~
ppl1cant: :) (\.. ~ ~.
ddress:
Phone:
ontractor:
Phone:
rmanent Sign \f...
.
:e of Sign:
Length h ft.
. Wall Sign, provide the follo\Ving:
Wall area in sq, ft. Mcl.. ~
Temporary Sign
From ___L_L_ TO-..---'-_L~.
Width
ft.
Height ..!j
ft.
Total Area ~ l
sq. ft.
Percentage of Wall Coverage by sign d,~ /\j
09/29/98 TUE 16:41 FAX 612 445 655i HALLA NURSERY INC
I4J 002/003
WordIng on Sign: Ji 0" \l(~ ~O M ~ G!!,~d f 1\ 5 ~ <J VJfll1 c.e
Materta!s Used for Construetion:~ k-~" \ t .. (L \ 0 11.\"\ Il\ UlIll
Value of Sign: $ \/~\\~ Est1InatedDateofComplet1on_/~/~ nc.....~
Variance Required: _ Yes _ No
Planning Department Case Number:
Yes A-- No
Will the sIgn be located in a publ1c drainage or utility easement:
THE UNDERSIGNED HEREBY AGREES TO DO ALL WORK IN ACCORDANCE WITH CHANHASSEN
CITY CODE AND THE RULINGS OF THE BUILDING INSPECTIONS DMSION.
Applicant's SIgnature:
If ,Date: ~I cl~~~
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09/29/98 rUE 16:42 FAX 6124456557 HALLA NURSE~~}N~95 7049 TO 918124456557
;~p 29'9a 15:25 FR TRU 5ERU
Id1 00~3 :00.3
1:>.!11/01
,t.
HOME & GARDEN
SH'~WPLACE.
~i'..
....
HOME & GARDEN SHOWPLACE Signage/Identification Program
As put of your IQGbenhip in'TRTJSERVIIJOMB.I: GARDEN SHOWPLA"'C!B you have paid $1500
towards ~ si;Dage/ID materials. To cuaro _ ~ ~ onkrcd lIOd.aeditcd eo~:r" .-
please make every effort to complete ALL orders 81 thCl timo of JISDiag. In ~ wont that you C&Diio~
please refer to our policies 15 outlined below. When yoajoiD H&GS we pro~ )'OIl widl ordec
eopiestprice schedules for all qualifying sigoage materials for our program. You must order at least the.
. .. um. exterior slgna,gc (3 Ft x 8 F1') or larger and a store staIn
.. For orders ~Iaced at time of lolnh1~ TRUSERVJHGS. p~ fill out aU order copies and send d1rect1y'
to the H&:GS dcpanmad ru OW::ago tt') d1e IdtcJitfOl1 o!BRENDA IONES. When yourston: b Issued a
store nuG1be:r Brcftda WiD place your ordefs for ligDage and issue credits up to the m.a.'II~Uttl of
$1500. .Any cost over SlSOO wiD. be bl.Ued =cordJq tlI vendor tenns. Please note d:UIt ALL ordas
(charges) will apl*" Oft your 1tI!I!rn0ltt ~ ~ offsetting credlt
· For ANY orders nlaced. after time ofioininR or for fill.." ordeB claImed Il~ unused babnc= of
MtOald $1500. Ple.uo fQUoW the guideline5 listed.
. Complete wi1hiI130 days on fiDa1 membonhip approval
. BtmldA will pbc.e)'OW' orden and issue O~"8 c:rcdib
- Complc:tc order forms
- Mail to .BrcudJlloa.cs. H&OS, Chicago
· ~ 11M fI\'eQt thttwe have:noc received)'OW orden 'Within 60 dayzi DfMcm~ ~ we 1lfill
reissue a secood F~ of quaIifyiDg IigDagcIID material and a IcctcrrtqucsdDg your immcdiz.rc .
attcIltion. We wiIllIIMsc )'OU of tho balance ~,,;njng in your prepaId ~ UDdc:r CRD' .agdID
progtlQl. YOa wilt also be adv:isocl that if you do DOt orela qual.itymgsigl1llg~ matcdaJ. wld:dn ahc
. nc:l(t 30 dayz yOu wm lose m.y RmA;"mg hA1lUlCC. .
~
.. U afb!:r 90 ckya of)"OUl' stcn5 mc:mbcQhip eppm-val We have not r~cd any sIgoage orden;. ~ \IIill
AUTOMAttCALL Y ship to your ItOI'C die minimum Bx!erior s.i.gnagc ( 3 Ft. x 8 Ft.) and a JttlI'C
stamp. We will invoice aJJd CRdit )'Dur Iltorc the !d1I.a1 list price. Any rema.lnmg prepaid balance will
be forfoited by 1hc stare.
· Any deviation Uom tbia puliey must be in writiag fi'om. the General Manager or Sales MtmaF HOME
&. GARDEN SHOWPLACE.
.. Qualifying SigugelIcleutiticatioD
HGS l::xterior Sigqage (required)....ADaericm Sign Company HOS Interior Sjpage.......w..~
HGS ~ Decal Kit.-.....w.Palmcr Produds HGS Store Supplle5..........._ Wareb0as4
HaS Caroor AppareL._..w PJupirelNorsemanlWayne HOS Store Sbmp (req.d)....H&GSDept
HGS E.xtl::rior Banner Program._..Harticukural Printers HGS Truck Decal KiL...... Pahnel' PmdQ(:ts
It is our intent to make mrc )'OW' ~M1 to the HOMB &. GARDEN SHOWPLACE Prognnn as.llllOOlh
as possible. Yourpartlclparke in your new c:ompmy Is paramount to our combined success.. ~mab
~etrott tt) SDpport your ~~y~ hOt Only 1brougb )'Out purohuiDg. but. d1rough the use otthc BOMB
&. GARDEN saOWPLACB identity. Please disQuas tm.., issues or quemoru wltb your ~ ~ or
H&GS Staff.
Store Name
Date
Store Address
OwnerlManaeer Signature
,....---., .----..-.-....
09:V'i:9i 14:26
'li'612 405 9845
CAMPBELL h~L~SON
l4J 002
STATE OF MINNESOTA
OfflC1A[ COPY
f~t\~~tWUNt"N ~~D~.
,,1V1"l crrL~ ijIVInl-VWU-_,r . .
DISTRICT counT
'-0
COUNTY OF CARVER
FIRST JUDICIAL DTSTRTCT
CASE TYPE: lO/Other Civil
Court File No. C8-94-851
City of Chanhassen,
Plaintiff,
vs.
STIPULA TION FOR ENTRY
OF .nmGMENT
Halla Nursery, Inc., a
Minnesota coq)OmriOl1,
Defendant.
STIPULATION, made tIlls 10th day of February. 1997. by, between, and among the
CiTY O}~ CHANHASSEN, a Minnesota municipal corporation (ItCitylt), and HALLA
NURSERY, INC., a MiIulesola corporation, ("Tenant").
RECITALS
\VHEREAS, Tenant leases the following described property ("Subject Property")
located at 10,000 Great Plains Boulevard in the City of Challhassen, Carver County. State of
Minnesota cot1sistil1g of approximately 12 i.leres now devoted to retail nursery, garden center,
and contractor's yard and legally dcscribed as follows, to-wit:
Lot 10, Block 1, Halla Great Plains Addition, according to the
recorded pIal Lhereuf, Carver Cuunty, Minnesuta.
The Subject Property is zoned A-2, Agricultural Estate District.
WHEREASJ in early 1994J Tenant constructed a new retail sales building ("Garden
Center") of approximately 5,000 square feet on the Subject Propeny, and no building penult
31155.12
r02/03/97
Chanhassen/Halla Nursery, Inc.
09:15/9i 1-I:2i
'5'612 405 9845
CAMPBELL KNUTSO~
[4J 003
was obtained. Tenant has since used the Garden Center for rerail sale of goods to the
general public.
WHEREAS, in May 1994, the City inspect~d th~ Gard~n 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 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 B-2
occupancy were satisfied and a certificate of occupancy issued.
V\lHEREAS, T~nant has ubtain~d 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 fue 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 CouI1l~rdaim to Lh~
City's Complaint.
WHEREAS, the Tenant and City want to provide for the long tenn 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 re!\olve and settle their differences and to
avoid the cost of further litiga.tion.
NOW, THEREFORE, the parties stipulate as follows:
31155.12
r02/03/97
-2-
ChsnhsBBen/Halle NUftery, Inc.
09/15/9i 14:2i
'5'612 405 9845
CAMPBELL KNuTSON
[4J 004
1. APPROVAL. Except as otherwise provided herein, the Subject Property shall
he !\ubjecr to the requirements of tbe City's Zoning Ordinmce, as may be amended from
time to time. Except as allowed by the Zoning Ordinance, no permitted, conditional, or
F.
G.
H.
I.
J.
interim uses are allowed, however, except for the following uses at the locations identified
on the Site Plan, Exhibit" A", un.less the use is approved in advance by the City Council.
A.
B.
C.
D.
E.
Office, Garage, Sales Building
Garden Center
Existing Green Houses
Shade House
Future Green Houses
K. Storage In BillS
L. Peacock Barn
M. Game Barn
N. Bridge
O. Future Storage Bins
or Product on Pallets
P. Parking
Q. Outdoor Display of Materials
R. Storage, Growing ami Outdoor
Display of PJant Materials, or
Temporary Storage of Supplies on
Pallets or Wheels, excluding
trailers longer than 16 feet
S. Pennitted Signage
T. Directional or Safety Signage
(Tl - T1S)
U. Future Pergola
L Y. Landscape Yard
V. Pond Easement Area.
Storage Building
Play Area/Gazebo
Truck/Storage Building
Potting/Storage BUllding
Pwnp House
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
j urisdic Lion.
2. PLAN APPROVAL. The City hereby approves the Site PI all dated January
27. 1997, prepared by Tenant and attached hereto as Exhibit IIAII. The use of the Subject
Property shall be in accordanc.e with Exhibit "A" and ExhibiL "B". If the Site Plan varies
from the written tenns of this Stipulation, the written temls shall control.
31155.12
r02/03/97
Chanhss&en/HaLLa Nursery, Inc.
-3-
09/15/9i 1-1:28
'5'612 405 9845
CA~PBELL KNUTSON
@005
3. GARDEN CENTER. The Garden Center identified as Building B on Exhibit
itA It may not be enlarged beyond its current footprint, nor may a basement or second stOt}'
be added, unless approved in advance by the City Council.
A. Ret.all Sales - Defmed. Retail sales means sales to the general public of the
product" listed on The 3tt.acbed Exhibit "B". (Pe.rmilted Products).
B. Retail Sales Prohibited. All retail sales are strictly prohibited, except as
expressly allowed pursuant to this Stipulation and Exhibit liB II .
C. Allowed RetaIl Sales. The general public may enter and use the Garden
Center, Greenhouses, Shade House, Office and the outdoor areas shown as K, 0, Q and R
for the purpose of viewing. selecting and purchasing Permitted Products. All cash regisler
checkout activity must take place inside the Garden Center.
D. Expansion of Retail Sales. The buildings and outdoor areas where rer.ail sales
art~ permitted may not be expanded or relocated on the Suhject Pmpeny, Rxhihir "A II ,
without the prior written approval of the City.
E. Expansion of List of Pennitted Products. The list of Permitted Products
may 110t be expaMed withOUt the prior written c~clnsent of lhe Cily. 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, fann implements, motor vehicles, snow plo'ws or snow
plow blades, or recreational vehicles or non-handheld equipment of any kind.
F. Inspel.1:ion. The City may inspect those ponions 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 pOl1ions of the Subject Property and the buildings are open to
3-1155.12
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Chanhass~n/HalLa Nurs~ry. ln~_
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'Zi'612 405 9845
CA)IPBELL KNCTSON
I4J 006
lhe general public. The City agrees to conduct the inspections in a reasonable marmer, and
wiLhoUl any undue disruption to Tenant's use of the S\lt~ect Properly.
4. NURSERY.
A. Nursery Stock and Nursery Equipment - Dermed. Nursery stock means
flowers, shrubs, plants and trees. Nursery equipment means equipment owned or leased by
Tenant ust':d for growing, storage, digging, installation 01' display of nursery stock.
B. Indoors. The buildings on the Site Plan identified as C. D, E. F, H, 1, L and
M may be used for growing, storage and display of nursery stock, nursery supplies, Garden
Cenler supplies, and nursery equipment.
C. Outdoors. Tht': outdoor area identified as R may be used only for storage,
growing and outdoor display of plant materials, or supplies on pallets or wheels.
D. Expansion of Nursery. The buildings and outdoor areas where nursery
activities are penuitted may !lot be expanded or relocated on the Subject Property, Exhibit
"All 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.
B. Approval. The outdoor areas identified on the Site Plan as L Y = Landscape
Yard may be used for a Landscape Yard.
C. Screening. The outdoor areas identified as LYon the Site PlanlIlust be
screened, fenced or landscaped to provide effective screening of all vehicles, materials and
equipment from public streets and any property not leased or owned by Tenant. The
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CAMPBELL K~uTSON
I4JOOi
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. Buildings. The buildings identified as A, F, H, I and J may be used for
storage of vehicles, equipment and materials used in conjunction with the Landscape Yard.
E. E~llansion of l.andscape 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. SIGNAGE.
A. Permitted Signage. The following signs are allowed:
1. Existing sign on the roof of the Garden Center_
1. Existing sign at the entrance to the Subject Property from Highway
101, or an updated pylon sign of the same height and square footage.
3. One off premises directional sign may be placed in the southeast
quadrant I.)f the intersection of Highway 101 ,md 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 nOl 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. Thc
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. Plant identification signs not to exceed two (2) square feet each.
B. Directional/Safety Signage. On-site directional and safety signage as shown
on the Site Plan. Additional on-site directional and safety signage may be allowed provided
that it is approved by City Staff.
31155.12
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Chbnhussen/Hullu Nursery, Inc.
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CAMPBELL KNl~SON
~008
C. Prohibited Signage. All signs are striclly prohibited, except as expressly
allowed pursuant to paragraphs 6A and 6B of this Slipulation, or pursuant to a sign permit
issued by the City.
7. PARKING.
A. MinimuDl Number of Stalls, The areas identified as P on the Site Plan are at
least the minimum required parking stalls, which shall not be devoted La any other use.
B. Handicapped Parldng and Fire Lanes. The handicapped parking stalls and
fIre lanes as shown on the Site Plan must he designated and marked as required by State law
and City ordinances.
8. FENCE/SCREENING/DERl\1ING.
A. Future Fence. Tenant will obtain a fence permit from the City prior to
insLalling the future fence as shown on the Site Plan.
B. Installation Date. The future fence, screening or berming must be installed
within thirty (30) days after a certificate of occupancy is issued to any residential lot \vhich
abuts the Subject Property. Tenant shall be granted a reasonable extension of this time limit
if necessary d\le to weather 01' groull(l conditions. The screening must me.ellhe n:quiremenls
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
addre!>!' 5Y!'tem, provided that Tenant shall permanently remove and di5connect all !'peakers
or other sound amplification devices located outside of a building by February 15. 1997.
The public address system or other sound amplification devices shall be operated so that if
31155_12
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@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 .ruDGMENT. Upon
execution of this Stipulation, the parties agree to submit the Order, attached hereto as Exhibit
lien, 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 llQt
constitute a waiver or amendment to the provisions of mi!; 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
tltis Stipulation shall not be a waiver or release.
13. RECORDING. This Stipulation shall run wiLh Lh~ land and may be recorded
against the title to the Subject Property.
14. NOTICES. Required notices to the Tenant shall be in writing, and shall be
either hand delivered to the Tenant, its manager, or mailed to the Tenant by registered mail
at the following address: 10,000 Great Plains Boulevard, Chaska, MN 55318, with a copy
mailed to Don Halla 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.
31155.12
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'5"612 405 9845
CAYPBELL KNl'TSON
141010
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.
15. SUCCESSORS M"'D ASSIGNS. This Stipulation shall be binding upon the
parties, their successors and assigns, and subsequent purchasers of the Subjecl Property.
16. JURISDICTION. The District Court shall reserve and retain jurisdiclion to
enforce this Stipulation and issue additional orders as it deems just and proper.
17. EQUAL PROTECTION. The City will not enforce any provision of law
against Tenant unless it is enforced on all A-2 u~ers in al.:cordance with the equal prNeclil~IIl
doctrine.,
18. PUBLIC L~TEREST. This Stipulation shall be liberally construed to protect
the public's interest.
19. ENFORCEl\1ENT. The prevailing party in any action or proceeding in \,;uurL
to enforc.e or inte.rpret the terms of this Stipulation shall be entitled to receive its reasonable
attorneysl fees alldOlher re,lsonable (.:osts and expenses from the non-prevailing party.
CITY OF CHANHASSEN
AND
31155.12
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CAMPBELL KNUTSON
@Oll
STATE OF MINNESOTA )
( 55.
COUNTY OF CARVER )
A The foregoing instrument was acknowledged before me this ~ c.j. f1-, day of
~' 1997, by Nancy K. Mancino and hy Don Ashworth, the Mayor and
City Manag lerk of the City of Chanhassen, a Minnesota municipal corporation, on behalf
of the corporation and pursuant to the authoriLy granted by its City CounciL
~~r--
N o.tarY Pu lie
@h"llKARENJ.ENGELHARDT
.J} NOTARY PUBUC-MINNESOTA
CARVER COUNTY
My Commiulcn E~ JIIIl. 31. 2000
CAMPBELL, KNUTSON. scon
& FUCHS, P.A.
By: ~~ r~. 1-
Elliott B. Kn~8130
Attorneys for Plaintiff
317 Eagandale Office Center
1380 Corporate Center Curve
Eagan, MN 55121
(612) 452-5000
31'55.12
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Ch~nh~ssen/H~ll~ Nursery, Inc.
09:15/9i 1~:32
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CA~PBELL K~UTSON
~012
TENANT:
HALLA NURSERY, INC.
AND
BY:
STATE OF MINNESOTA)
) 58.
COUNTY OF DAKoTA )
The foregoing instrument was acknowledged befure me this 1'ft.- day of
Fef3!? () /f-;L-I[ , 1997, by DoN e. 1(-41...l..4 and
-11,4{. kIf>. tf,4 '" L..A ; the Pt26$ I DeN -r- and
Ii Ie. & P A?~ /OEr.! I of Halla Nursery. Inc.. a Minnesota corporation, on behalf of
said corporation.
E~r:T I?k/{44~
Notary Public M^",,^^^,,~~"v,..
./'^^ ROBER! J BRUNO ;.
~'" Notary PUblic - M\n;1~Oia ~.
.........., .:: ~~.~ -.,: Qakola County ~
"',./ ---~ .....~...
12 tU ~ ... ''Y~.. . 1131 '2000
/ . :$ 11 Commissior' ExPires I ;;.;l'
BY: ~ u-7 ~,Y"[,-c~./t/ '",.Nv\"'rlVV'(""~'Y\I'\.r"\~ . .
Mr. Robert J. Bruno, #12415
Attorney for Defendant
107 Burnsville Professional Plaza
1601 East Highway 13
Bumsville, MN 55337
(612) 890-9171.
DRAFTED BY:
Campl:ell, Knutson, Scott & Fuchs, P.A.
1380 COrpJrate Center Curve, Suite #317
Eagan, Minnesota 55121
Telephone: (612) 452-5000
EBK
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CAMPBELL KNUTSON
@013
FEE OW~.'ER CONSENT
TO
STIPULATION FOR ENTRY OF .JUDGMENT
DONALD E. HALLA and SANDRA J. CWAYNA HALLA, husband and \vife, fee
owners of the Subject Property more particularly described in the foregoing Stipulation. do
hereby join in, affIml. and consent to the provisions thereof al1(l agree to be bOllnu by the
provisions as the same may apply to that portion of the Subject Property owned by them.
D~~4 4
--~....
17~
STATE OF MINNESOTA )
( 55.
COUNTY OF 1;>A-j;:<,TA )
The foregoing instmment was acknowledged before me this. ..1:. iL day of
F~ 8(2 L/~4-P- , 1997, by DONALD E. HALLA imd-81tNBRki:- -ew--kYNA HALLA,
husband and wi e. AND SANDRA J. CWAY!\,A HALLA
'6 - Jaj)c:kA ~ ~7 /"'l
/--.-: c..., '. I r. / ../ '- _ ~ ...-
b /' <<J7~(t /;. 'J'/U..... )~ (:.-1/t{,;('4'.fJ> bz.--t.r:;''--G-'
NOTARY PUB/LIC for Sandra J. NOTARY PUBLIC for Donald E. Halla
~ - / L - 97 Cwayna Halla ~~~l,>!\ANVV.iV':""..
T .<A4~~ .' ROBERT J BRUNO C
~. *: Notary Public; ,Minnesota ~
< tr~ ~ Dakota County ~
~ ~ .., 'My Commis:Sion Expires 1 f31 /20Ge..>-
"""',n.l"'N"rf\rVvvvv"wvvv'r,
~~_.
Nb~~R~p~C~t9N~~J~~ I
. . HENNEPIN COUNTY
-, MYcomm. expires Jan. 31. 2000
.i--'-.-.-.- .-.-.~-N. .-.-...-J:.-';- J ....-.n;:; .~-~
31155.12
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C:UIPBELL K..~liTSON
14I0H
EX:HIBlT "B" . PERl\UTTED PRODUCTS
PRODUCTS FOR THE INSTAllATION. SALES, CARE, MAINI'ENANCE AND
ORNAMENTATION OF PLANTS. LAWNS, MTIMALS AND OTHER LANDSCAPE
FEATURES 1,2.3,"
FERTILIZERS 1,~ PATIO PRODUCTS 1,2
HERBICmRS 1 ORNAMENTAL ITEMS I)
FUNGICIDES 1 WATER PRODUCTS U
BIRD SUPPLmS 1 BULK soas '
BIRD FEEDE.R.S 1.4 BAGGED MULCHES 1.2
BIRD HOUSBS M BULK MULCHES 2
BIRD BArnS 1.Z," BAGGED SOIL t,~
\VEED BAlUUER. FABRIC AND PINS l.:! SITE FURNI'l1JRB 1.2
POWER AND HAND TOOLS 1 CONSULTATIONS 1,2.3
SEEDS 1 GAUGES 1
SPREADERS 1 TWINE 1
W ATERlNG EQUIPMENT l.Z POLY 1
INFORMATIONAL TEXT 1 CLOTH A.l\ID NETTING 1
PONDS l.2.3,4 l'LA.."'1T SUPPORTS 1.'
STATUARY 1.1.3," FOUNTAINS 1,2,~
FENCING J.2 FISH A~'P WATER PLA:N'S 1,2."
TRELLISES 1.1.3,' STRAWtM:ARSH HAy:a
GAZEBOS 1,1.3 LABELS 1
LIGHTING 1.3 BIRDS 1.2
CHRISTMAS TREES &. ACCESSORIES 1,1.4 LANDSCAPE DESIGNS ,,:;
BULBS 1 LABOR 2.3
CLOTHING I MAINTENANCE 2,J
PESTICIDES J SNOW PLOWING ~J
CHIMES 1.~4 INST ALLATIONS ~.3
POTTE.RY 1.2.4 CONSTAUCTION ~
ANIMAL REPELLENTS 1 RECONSTRUCTION ~3
SOb :a REMOVAL 2.3.
WOOD Tms 1 DELIVERY 1,2.3
TOOL AND EQUIPMENT RE~" AL 1.2,) BOULDERS Z
son.. AMENDMENTS 1,:U SAND 2
TREE, SHRUB &. PLAN! MATERIAL 1,2.5.4 EDGING 1,1
INSURANCElDAMAGE EVALUATIONS 1,] STRUCTURES 1,1
GlFT CERTIFICATES 1.3 OUTDOOR LIVING ACCESSOlUES 1.%,3,4-
GAMElFARM ANIMALS & SUPPLIES 1.2,4 PLA YGItOUhT}) EQUJPMBNT 1.2
RETAINING WALL PRODUCTS" DRAIN TILE & ACCESSORlES 1.~
:MISCELLANEOUS ITEMS. PLANTS OR.:M:A TERIALS FOR THE AESTHETIC, PRAC.
TICAL, IMPROVEMENT. OR. USE OF INDOOR 'AND OUTDOOR UVJNG SPACES 1,'l.g,,,
1 IndoOr sales from the Garden Center
:! Outdoor sale!
3 Indoor sales from the Office
I. Sales from the Greenhouses identified as Buildings C &. B on Exhibit A.
09il5/9i 1-1:3-1
'li'612 405 9845
CA~IPBELL KNUTSON
@015
STATE OF MINNESOTA
'FILED
MAR - 6 1997
CARVER COUNTY COURTS
DISTRICT COURT
COUNTY OF CARVER
FIRST JUDICIAL DISTRICT
CASE TYPE: lO/Other Civil
Court File No. C8-94-851
--- --- - -------------...-------
City of Chanhassen,
Plaintiff.
VS.
OlIDER FOR JUDGMENT
AND nmGMENT
Halla Nursery, Inc_, .a.
Minnesota corporation,
Defendant.
- - - - - - - - - - - - - - - - - - - - - - - - - - - -
ORDER FOR .ITJDGMENT
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 undet the Stipulation will c.onstitute immediate ,and jrreparable damage to
the Plaintiff 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 D~:strict
Court.
30982.02
07/22/96
EXHIBrr "e"
09/15/9i 14: 35
'5'612 405 9845
CAlIPBELL KNUTSON
l4J016
"'.
3. Plaintiff's violation of any obligation Wldcr 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.
5. The Court shall reserve and retain jurisdiction to enforce the Stipul.ation 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
ACCORlJINGL Y, FORTHWITH.
Dated: (""j, '-t , 19~
BY THE COURT:
.TUDGl\1ENT
The above 'Order hereby constitutes the Judgment of this Court.
Dated:~~.~4 t :~~ .
(Court Seal)
Dated: March 6, 1997
30982.02
07/22/96
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O'9il5/9i U: 35
'5'612 405 9845
CAMPBELL K~UTSON
14l01i
--'-.
Document No:
;-~08139
STATE OF MINNESOTA
CARVER COUNTY RECORDER
(Abstract Department)
Filling F~I!i: L9~O
Check No;
at
:"S4~;r;;?AL
CAMPBELL KNUTSON
Professional Association
Attorneys at Law
Thomas J. Campbell
Roger N. Knutson
Thomas ~!. Swtt
Elliott B. Knetsch
Sue'san Le,l Pace
(651) 452-5000
Fax (651) 452-5550
* * *
Jl,e! J. Jamnik
AnJr~a McDowell Poehkr
~btthew K. Brnkl*
John F. Kell\
~ !anhew J. F, ,Ii
:>'hrguerite M. McCarr, \11
Gemge T. Stephens, '11
*Aho lict.'md in \\;'/.'(1111\:1\
Writer's Direct Dial: 234-6233
Writer's Fax: 452-5550
August 25, 1998
Mr. Mark Halla
HALLA NURSERIES
10000 Great Plains Boulevard
Chanhassen, MN 55317-8690
Re: Access Restructure to House
Peacocks
:~, 7 :JjJ
Dear Mark:
This letter will confirm our telephone conversation of today. You advised me
that you would like to construct a pole barn to house~.peacocks which currently live on
the nursery property. We discussed the following options:
1. Nursery Property. The pole barn is not allowed on the nursery property,
unless the City Council agrees to modify the stipulation regarding the
nursery property.
2. Your Homestead. The pole barn would be permitted ~m your homestead
property in the rear yard. The structure must not occupy more than 30%
of the area of th~ rear yard, and must meet setbacks. To construct it on
your homestead property, you must file an application with the Building
Department. The application must include a survey of the property
showing the proposed location of the structure and its size. (See City
Code ~ 20-904(b)).
3. Two and a Half Acre Vacant Lot in Great Plains Subdivision. For
parcels with less than three (3) acres in any Agricultural District, no
accessory structure can be constructed prior to the construction of
65418
~UiL 31, 0 L:o..:,mJ~llc Offi;.:c C:m,r @ 1'38,-1 Cr11T,X,Ul' Center Cur\'\.: e Ll'2,m. ~1N 55121
Mr. Mark Halla
August 25, 1998
Page 2
a principal structure. (See City Code 9 20-904(c)). I believe this same
rule holds true for parcels in excess of three (3) acres where those
parcels have been platted into residential lots. The intent of the platting
into residential lots is the construction of single family homes as
principal structUres. Therefore, an accessory structure without a
residence would not be permitted.
If you decide to proceed with option 1, you should file an application with the
Planning Department. No Planning Commission hearings would be necessary, and
you could expect to be placed on the second City Council Meeting Agenda after your
completed application is filed with the City.
Please contact me if you have any questions.
Very truly yours,
CAMPBELL KNUTSON
Professional Association
By:
~~
Elliott B. Knet
EBK:jlw
cc: Ms. Kate Annenson
Mr. Steve Kirchman
65418
City Council Meeting - September 14, 1998
Mayor Mancino: Good. Good, thank you very much. Anyone else wishing to address the Council
tonight?
Bob Wold: My name's Bob Wold. I live at 730 Pioneer Trail in Chanhassen and I just want to thank the
Council for the fine work they did on reviewing this process and I really support what you've done on the
memorandum for the transportation of our area and 212 and thank you very much.
Mayor Mancino: Thank you.
CONSIDER AMENDMENT TO STIPULATION AGREEMENT FOR HALLA NURSERY. 10000
GREAT PLAINS BOULEVARD.
Kate Aanenson: Thank you. Mark Halla is requesting an amendment to the stipulation agreement that
was signed between the City and Halla Nursery in the spring of 1997. The stipulation agreement outlines
the terms and conditions which the Nursery and the contractors yard can operate. Mr. Halla's requesting
an amendment to the stipulation in order to allow the relocation and expansion of a barn that will house
peacocks. The property is zoned A2. It does not require a building permit because it is agricultural use
but again what we're going under here is the terms of the stipulation agreement and that's what he needs
to address because the stipulation agreement does require approval by the City Council. We did notify
the neighbors. Everyone within 500 feet was sent a copy ofthe staff report. Although it did go out late,
we did not receive calls on that. On the report. The proposal includes a barn that is, the current barn is
20 x 50. The new barn would be 54 feet by 100 so quite a bit bigger. Also they are proposing to put 75
peacocks indoors, what they need for the winter space. They're also looking at 3,000 square feet that'd
be used for storage. If the Council does wish to approve this, that we are stating that you would, put in
the stipulation agreement exactly the number of peacocks and the size of the barn be amended so it's
clear exactly and the amount of storage. So it's clear what that barn can be used for and just so there's
no ambiguity. That's all I had. I'd be happy to answer any questions that you may have.
Mayor Mancino: Thank you. Any questions of staff at this point? Is the applicant here and would you
like to address the Council please? Would you please state your name and address.
Mark Halla: I'm Mark Halla from 770 Creekwood in Chanhassen. First question I have is, does
everyone have a site plan?
Kate Aanenson: I gave them copies.
Mayor Mancino: Is that Exhibit A?
Kate Aanenson: Yes.
Mark Halla: Can you see where we're talking about relocating the building to? You may be able to see
the small X's that I put on. We've got two buildings right now that we're trying to eliminate. In the
storms earlier this spring both of them were damaged and need to be repaired or replaced and in thinking
about doing that, we wanted to look at all of the options available to us and see if we couldn't clean up
the area and make it look nicer. As you can see there's an X right here and an X right there. That's
where the two current buildings are and one of them is M and the other is L. We'd like to eliminate those
buildings and replace them, the larger buildings over in this area. I know it's black and you can't hardly
see that on the screen but that's where it was shown on the plan view. The reason for this is that the two
3
City Council Meeting - September 14, 1998
houses right now, when we put the peacocks inside over the winter, they're very cramped. There's not
enough room. We don't feel that the site of the peacocks during the summer and the winter is very
pleasing and we think that by moving this, we can make a better situation for taking care of the animals
properly, as well as cleaning up our area. You can see the pond that we've got here. Our hope is to get
rid of those two buildings on the other side of the pond. By the nature of the birds, they need to have a
flight cloth around them that keeps them in and keeps them protected essentially from hawks and owls
and we want to put a flight cloth over this area. Currently that flight cloth is adjacent to the golf course
and that wasn't something that was needed to be indicated on the stipulation plan. So we wanted to move
that over to these birch trees. The building now we want to make it substantially bigger. We're taking
this one which is a 20 x 50. The other one, I don't recall the size. That was 16 x 24. So we do want to
make it bigger. We want to use, I think Kate had said 3,000 square foot for storage. I don't think that it's
going to be that much. I think it will probably be 1,500 to 2,000 square foot for storage. That's going to
allow us the area to put the hay bales and all the feed and then it gives us about 3,000 square foot for
animals. That sounds like an awful lot of space but when you consider we've currently got 75 birds, that
allows them about 4 foot by 5 foot per bird over the entire winter. If you do the math in your head, you'll
find out that comes out to about 1,500 square foot in a 3,000 foot section and the reason I did that is
because by the time you put all the feeders and the waters in there, you're going to substantially minimize
that area. You end up with about 1,500 square foot of use able space. So that's our hope. We wanted to
come to City Council first off because we wanted to make sure you knew that we agreed by the
stipulation and we want to have approval for everything we do. We think that's the right thing to do.
Second off, because we have to. You know it says that in the stipulation so we talked with Kate
originally we talked with Elliott Knetsch, the City Attorney and got some different viewpoints from him
on what we could do and this was by far the best alternative. I brought the picture basically so you can
see the screening that's already here. We've got an entire block of birch trees that are 40 foot tall. You
can't see through them. Is it possible to zoom in on this picture? Or can I just pass it around? There we
go. That's the area that we're talking about. There's a grassy area between our potted trees and the
existing birch trees and we're going to fill that area with that building. So that's really all I have.
Mayor Mancino: Okay. Any questions for Mark at this point?
Councilman Berquist: You have how many birds?
Mark Halla: We have about 75 birds total.
Councilman Berquist: Currently?
Mark Halla: Currently. Not all ofthem are peacocks. We've got swans and ducks and chickens and
game hens and.
Mayor Mancino: How many peacocks do you have?
Mark Halla: Currently probably about 50. I didn't take a count before I came back so.
Councilman Berquist: Did I hear you right? You said something about the site, the existing site. The M
and L and the fly over cover. Fly cover, whatever. You said it wasn't very attractive to, who are you
talking about? The birds or the golf course or?
Mark Halla: The birds have a pretty nice place so they're happy. From a customer standpoint and from
the aesthetics of our garden center, we don't think these two buildings are attractive. Now this whole
4
City Council Meeting - September 14, 1998
flight cloth was just demolished so none of that really is, it's all in disrepair and of course it's unsightly
because of that. But this barn here that's visible by the golf course is right out there with no screening so
it's pretty unattractive to them, as well as to our customers and this one's right out in the middle and
we've got all this, you have to have a wild area for them. They like the tall grass so we leave it there and
that isn't real conducive to growing perennials right next to them and trying to keep the weeds under
control. So it's our hope to move all that out of there and not have all those weeds needed. Let me just
point out too, I thing I didn't mentioned. It's all in this same area that was zoned R so there really is no
difference as far as the placement. We're moving the building but on the flat plan, you can see your flat
plan. It's all in the same area that was considered R. I don't know the definition of that offhand but we
haven't changed the location that way so it's still an improved area for the use.
Councilman Berquist: . . . tell me what you do with these things? With the animals.
Mark Halla: Basically they're there for atmosphere. There's not a whole lot of use for them. We let
them wander around. They fly really well. We've got wild turkeys as well, I forgot to mention those.
They wander around the garden center and it's something that the children stay busy in hopes that mom
and dad will have more time to spend money. So that's the big benefit is that it draws people in and
there's a financial return in that people have more time that they aren't babysitting and more time to
shop. But when it gets down to it, there's not a use other than that.
Councilman Berquist: So it's not a petting zoo per se but it's close?
Mark Halla: We do have feeders and people feed them. They eat out of your hands so, I mean they
aren't real fun to pet but they would let you if you wanted to. So they're pretty smart birds other than in
the wintertime if they don't have room inside, they'll sit up on the roof and just freeze to death. They
will not, if they aren't kept inside, they will not come in on their own. They're dumb that way. But we
have an opening and they can fly around the whole garden center and they go in each night.
Mayor Mancino: Thank you. Thank you very much. This is not a public hearing but if there is anyone
that would like to comment to the Council or who came tonight on this issue, please come forward now.
Seeing none. Comments from Council. Councilman Senn.
Councilman Senn: Kate as I'm understanding it, .. . conversations, basically is everything out there right
now in compliance with the existing agreement?
Kate Aanenson: I'd have to double check to insure that. I'm not sure as far as signs. I'd have to go out
and look again.
Councilman Senn: You know initial comments. I don't feel terribly adverse to taking down two old,
unsightly buildings and putting up a new or nicer building. I think there's an issue in here beyond that
when you're going from less than 1,400 square feet to 5,400 square feet. So I think that's something that
we need to look at as it relates to the agreement. The other thing as far as the agreement goes, given the
times this thing's been back before us and all that, I would like to see staffs assessment of, I'd kind of
like to make sure effectively that we're in compliance with the existing agreement before we move
forward on considering changes per se to the agreement.
Mayor Mancino: Okay, thank you. Seems very reasonable. Councilman Mason.
Councilman Mason: Sounds very reasonable to me.
5
City Council Meeting - September 14, 1998
Mayor Mancino: Councilman Engel.
Councilman Engel: Yes, I agree.
Mayor Mancino: Councilman Berquist. The only thing I would like to also add is, Mark just so you
know that a lot of the concerns that we have had have been the peacocks and their loudness, you know
from your neighbor and the neighborhood right next to you and it seems like the place that you're
considering, you know moving the building would be closer to the older residents, the residents that
you've had in your neighborhood and they're the ones that have been complaining about the peacock
noise. So that concerns me to some degree too. So I'd like staff to make an assessment and also to make
sure that when you said that the letter to the neighbors had gone out rather late. I just want to make sure
that this is on the next City Council meeting so that they have time to come forward if they have any
issues too. I know that they've been concerned in the past.
Councilman Senn: I think it really makes sense for staff to, I mean there aren't that many neighbors,
right? On that end.
Councilman Engel: Just a row of houses, isn't there?
Mayor Mancino: IS?
Kate Aanenson: Yeah, I know of 15 that went out, yeah.
Councilman Senn: .. .if we just contacted each one. I mean send them a note or.
Kate Aanenson: Yeah, they were sent a note. Copies of staff report and I'm saying to date we hadn't
heard anything but.
Mayor Mancino: Great.
Councilman Berquist: ...one final question before we move to table... Your staff report says we've got
an application here to build a barn that will house 75 peacocks. That's not true. 75 birds. You're not
increasing the population of animals out there?
Mayor Mancino: Well what does that mean in the future? How many peacocks, baby peacocks do you
have a year? I mean you know, this is a big building.
Councilman Senn: No, but there's other things other than birds though too, right?
Mark Halla: Yeah, we have peacocks. We have swans. We have wild turkeys.
Mayor Mancino: So Mark is it your intent that the birds will keep multiplying and you're going to keep
them, keep them too because I'm sure, I mean how many peacocks do you start with when you started?
Mark Halla: We probably started with about 30 and then we got to a high of about 70 and now we're
down to about.. . but they're like any animal that some of them can get sick and...
Mayor Mancino: Okay, thank you. Appreciate it.
6
City Council Meeting - September 14, 1998
Councilman Berquist: I mean your goal is not to necessarily increase the population, your overall
population of birds?
Mark Halla: Exactly. I'm not intending to increase them. The reason I'm here is because I think that if
you're going to have the birds you need to be responsible and take care of them well. And if you look at
the size of that building and you... My dad wanted peacocks. My dad has the peacocks. He's the
president. We have peacocks. I believe that you have to treat them. . .
Mayor Mancino: Okay. Appreciate your comments. Thank you. A motion please.
Councilman Senn: Move to table until next meeting. Staff come back with a staff assessment and get
notification out to the neighbors so they have adequate time to comment if they'd like.
Kate Aanenson: Just clarification. Just to make sure we've given neighbors appropriate time and you
want to do a site inspection and make sure it's in compliance?
Mayor Mancino: And if you could talk a little bit about it being, is it going to be that much closer to the
neighbors and.
Kate Aanenson: We'll check the tree situation, sure.
Mayor Mancino: A second please.
Councilman Engel: Second.
Councilman Senn moved, Councilman Engel seconded to table an amendment to the Stipulation
Agreement for Halla Nursery until the next City Council meeting. All voted in favor and the
motion carried.
AMENDMENT TO THE ENTIRE 2020 CHANHASSEN COMPREHENSNE PLAN.
INCLUDING LAND USE. HOUSING. TRANSPORTATION. PARK AND RECREATION.
NATURAL RESOURCES. SEWER AND WATER.
Public Present:
Name
Address
Kevin Cristo
Jill Shipley
Janet Dingle
Linda Jansen
940 Saddlebrook Curve
261 Eastwood Court
9351 Foxford Road
240 Eastwood Court
Mayor Mancino: Just so everyone knows our agenda tonight. Kate and Bob are going to present to us a
lot about the comprehensive plan. We will take comments from the public and then we will kind of listen
to the public and come back on October 12th for the last and final hearing. So tonight is really for public
input and so that we can listen to what you have to say tonight and have a good presentation. Thank you.
And with that.
7
10/06/98 TUE 13:34 FAX 612 445 655i HALLA NURSERY INC
I4l 001/010
FAX
10000 GREAT PLAINS BLVD.
CHASKA, MN 5531 e
(6 1 2) 445-6555
(612) 445-6557 F'AX
DATE:~l~\~
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141 002:010
10/06/98 rUE 13:34 FAX 612 445 6557 HALLA NURSERY INC
Since 1942
"LANDSCAPE DESIGNERS. CONTRACTORS. GROWERS'
TFlEE MOVERS & GARDEN CENTER
10.000 Great PlaIns Blvd.. Chaska. MInnesota 55318
3 Miles South of Chanhassen on Hwy. 101
Phone 612-445-6555
NEIGHBORHOOD INPUT REQUEST
Dear neighbor, Halla Nursery would like to replace our current Peacock/Game Barns
with a new structure that would be insulated and heated to better protect the animals over
winter. Although we arc permitted to re-build this building where it is currently located,
we are requesting permission from the Chanhassen City Council to build the new
structure approximately 300' South and 300' East ofits current location. We believe by
moving the structure from the edge of our property towards the middle and ncstling it in
amongst a dense grove of 30' -40' tall Birch trees that the structure will be bettcr hidden
than it currently is and will be more accessible by our staff during winter. We would like.
your comments so that we may provide them to t.he City Council for theirreview.
If it were up to you, would you allow Halla to move/replace the current Peacock/Game
Darn with a better structure approximately 300' South and 300' East of its current
location or would you prefer iL be rebuilt in the same location as it is now?
Prefer new location: /
Prefer old location:
Why:
Additional
comments: OlA ~
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YOUR "NATIONAL LANDSCAPE AWARD" WINNING NURSERY rOR DESIGNING & rLANrlNG
'-: ..... 'SH~OE.r~E~S>~." E~~G.R~E~~'~~.: F.~O~~RING",CRABS "~., FRU!J: J/{EES .. F,LOWERINGSHRU8S . HEDGING, ,. . G/{OUND COVERS.' ~~RrlllZERS'
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[4] 003:010
10/06/98 TUE 13:35 FAX 612 445 655i HALLA NURSERY INC
Since 1 942
"LANDSCAPE DESIGNERS, CONTRACTORS, GMWERS"
TREE MOVERS & GARDEN CENTER
10,000 Great Plains Blvd., Chaska, Mlnne$ota 55318
3 Miles South of Chanhsssen on Hwy. 101
Phone 612-445-6555
NEIGHBORHOOD INPUT REQUEST
Dear neighbor, Halla Nursery would like to replace our current Peacock/Game Barns
widl a new structure that would be insLllated and heated to better protect the animals over
winter. Although we are permitted to re-build this building where it is currently located,
we arc requesting permission from the Chanhassen City Council to build the new
stmcture approximately 300' South and 300' East of its current location. We believe by
moving the structure from the edge of our property towards the middle and nestling it in
amongst a dense grove of 30' -40' tall I3irch trees that the structure will be better hidden
than it currently is and will be mOre accessible by Our staff during winter. We would like
your comments so that we may provide them to the City Council for their review.
If it were up to you, would you allow Halla to move/replace the current Peacock/Game
Bam with a better structure approximately 300' South and 300' East or its current
location or would you prefer it be rebuilt in the same location as it is now?
Prefer new loeation:_-X-
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Why:
Additional
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Thankyou for taking the time to complete this questionnaire!
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"TIlE PLACE TO CO FOR Pl.A.NTS THAT GROW"
YOUR "NATIONAL tANOSCAPE AWARD" WINNING NURSERY FOR DESIGNING 8. PlAN'iING
S,HA,oP~TR~ES'~~...f'VERG~E~.S>~: ~~O~ERI~G CRABS ."f~UIT:r~~ES . 'FLOWERING SHRUBS. Hl:DOING -..G~OUND COY RS . FERtiLIZERS
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I4J 004/010
10/06/98 TUE 13:36 FAX 612 445 6557 a~LLA NURSERY INC
Since 1942
"LANDSCAPE DESIGNERS. CONTRACTORS. GROWERS.
TF\~E MOVERS & GARDEN CENTER
10,000 Great Plaln$ Blvd., Chaska, Minnesota 55318
3 Miles South of Chanhassen On Hwy. 101
Phone 612-445-6555
NEIGHBORT-TOOD INPUT REQUEST
Dear neighbor. Halla Nursery would like to replace our current Peacock/Game Barns
with a new structure that would be insulated and heated to better protect the animals over
winter, Although wc arc penniUed to re~build tills building where it is currently located,
we are requesting pennission from the Chanhasscn City Council to build the new
structure approximately 300' South and 300' East of its current location. We believe by
moving the structure from the edge of (Jur property towards the middle and nestling it in
amongst a dense grove of 30' -40' tall Birch trees that the structure will be bctter hidden
than it currently is and will be more accessible by our staff during winter. We would like
your comments So that we may provide them to the City Council for their review.
If it were up to you, would you allow Halla to move/replace the current Peacock/Game
Barn with a better structure approximately 300' South and 300' East of its current
location or would you prefer it be rebuilt in the same location as it is now?
Prefer new location:~
Why: ~ urG~ \~\l~' ~6l{\9.
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Prefer old location:
Why:
Additional
comments:
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Thankyou for taking the time to complete this questionnairc!
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"THE PLACE TO GO FOR PLAA'TS THAT CROW"
YOUR "NATIONAL LANDSCAP~ AWARD" WINNING NU~SERY FOR DESIGNING &. PLANTiNG
. . . SH~.oE.T~~E~ f: ~~RGREEt:'l,~:,,~'..f,LOw:ERI.N~ 'C~A~S ,': .FIl41T; TAEE~..~ ~LOWERING SHRU8S .. HEDGING.~. G~OUND COY RS . FERTILIZERS
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l4J 005/010
10/06/9S TUE 13:36 FAX 612 445 655i HALLA NURSERY INC
Since 1942
10,000 Great Plains Blvd., Cha9ka, Minnesota 55318
3 Miles South of Chanhas88n on Hwy. 101
Phone 612-445-6555
NETGHBOIU-fOOD INPUT REQUEST
Dear neighbor, Halla Nursery would like to replace our current Peacock/Game Darns
with a new structure that would be insulated and heated to bettcr protect the animals Over
winter. Although we are pem1itted to re-build this building wherc it is currently located,
we are requesting pemlission from the Chanhassen City Council to build the new
structure approximately 300' South and 300' East of its current location. We believe by
moving the stmcturc trom the edge of our property towards the middlc and nestling it in
amongst a dense grovc 0[30'-40' tall Birch trecs that the structure wiH be better hidden
than it currently is and will be more accessible by our staff during winter. We would like
your commenLs so that we may provide them to the City Council for their review.
If it were up to you, would you allow Halla to move/replace the current Peacock/Game
Barn with a better structure approximately 300' South and 300' East of its current
location or would you prefer it be rebuilt in the same location as it is now'?
Prefer new location:*7
Why: L ~ (.{ ~
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Additional
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Thankyou for taking the time to complete this questionnaire!
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Name.: U",,- Q . - u.. \ o\.t;<. rJ' ~ 6
Address: ~ If S C' \ ....(Co R \S.-~W :: cl O\~
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"THE PLACE TO GO FOH PLANTS THAT G1W\V"
YOUR "NATIONAL lANDSCAPE AWARD" WINNING NURSERY fOR DESIGNING & PLANTING
SHADE !IlEES:' ~ FV~R~REEN,~ ,: ;~.F.LC?~IlIN~: C~BS '.....~Rul:tTReEs . 'FLOWERING .SHRUBS' .. HEDGING .. GROUND covlfRs '.::FERTlllZERS
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141 006/010
10/06/98 TUE 13:3i FAX 612 445 655i HALL~ NURSERY INC
Since 1942
10,000 Great Plains Blvd., Chaska, Minnesota 55318
:3 Miles South of Chanha88en on Hwy. 101
Phone 612-445-8555
NEIGHBORHOOD INPUT REQUEST
Dear neighbor, Halla Nursery would like 10 replace our current Peacock/Game Barns
with a new structure that would be insulated and heated to better protect the animals over
winter. Although we are permitted to re-build this building where it is currently located,
we arc requesting permission from the Chanhassen City Council to build the new
structure approximately 300' South and 300' East of its current location. We believe by
moving the structure from the edge of our property towards the middle and nestling it in
amongst a dense grove of 30' -40' tall Birch trees that the structure will be better hidden
than it currently is and will be more accessible by our staff during winter. We would like
your comments so that we may provide them to the City Council for their review.
If it were up LO you, would you allow Halla to move/replace the current Peacock/Game
Barn with a better structure approximately 300' South and 300' East of its current
location or would you prefer it be rebuilt in the same location as it is now?
Prefer new location:_X-
Why:
Prefer old location:
Why:
Additional
comments:
lllankyou for taking the time to complete this questionnaire!
fi ,J ./l'
Name: ~ 1J.1/h;' - ~A)
Address:
"THF. PL4.C1-: TO (;0 H)H PLANTS THAT GROW"
YOUR "NAlI0NAL LANDSCAPE AWARD" WINNING NURSERY FOR DESIGNING ~ PLANTING
, SHADE}~E,ES. ~VER~RE~,,..S:':,.' "tl~~~~I~~' (:~B~. '", F.,RU1TJREES".' Fl.,OW,l:R1t'lG.'SHRU,es:'. HEDGING :., GROUND COV'RS .' fERTILIZERS
.: ':; .:..: ~':.(~'~n~:~A D~7 r:;:';~bfll ~~\;';~'~';:\'~J;,~',::~~~;iI:~C:~':;~~:." :~'D~';'~il~~'~'~~::":~'~ ".'~'~'~ .~;.:.~:.~:..;>~~..~::,.;::.J', .. . II:";~:;_': ~'-. ~:..'. _': : '. >:' ',." ,.':.~:::.. ~..': ' . .
i4J 00i/010
10:06/98 TUE 13:38 FAX 612 445 655i HALLA NURSERY INC
SinCe 1942
"LANOSCAPE DESIGNERS. CONTRACTORS, GROWEFiS"
TREE MOVERS & GAROEN CENTER
10,000 Great Plains Blvd., Chaska, Minnesota 55318
3 Miles South of Channa$$en on Hwy. 101
Phone 612-445-6555
NEIGHBORHOOD TN'PUT REQUEST
Dcar neighbor, Halla Nursery would like to replace our current Peacock/Game Dams
with a new structure that would be insulated and heatcd to better protect the animals over
winter. Although we arc permitted to re-build this building where it is currently located,
we arc requesting permission from the Chanhassen City Couneilto build the new
structure approximately 300' South and 300' East of its current location. We believe by
moving the structure from the edge of our property towards the nliddle and nestling it in
amongst a dense grove of 30' -40' tall Birch trees that the structure will be better hidden
than it currently is and will be more accessible by our slaff during winter. We would like
your comments so that we may provide them to the City Council for tllcir revi(lw.
If it were up to you, would you allow Halla to move/replace the current Peacock/Game
Barn with a better structure approximately 300' South and 300' East of its CUITent
location or would you prefer it be rebuilt in the same location as it is now?
'l
Prefer new locatIon: ~~ ~~
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Prefer old location:
Why:
Additional --1 J , ~
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"THE PLACE TO CO FOR l'L4.NTS THAT CROW"
YOUR "NATIONAL LANDSCAPE AWARD" WINNING NUR~ERY FOR DESICI~INC a. P~AN"INC;
, S~.A[lE;TR~E(.;' ~V,E,RGR,E~N~~..~ ;F.L9WE~NG "CRA&S: · , FRUIT~T~I;ES~'~ .FLOWERlNG'S.ft'~UBS' ~'HEDGING .' GROUNO COVeRS .' FERTIliZERS
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14I 008/010
10/06/98 TUE 13:38 FAX 612 445 6557 HALL~ ~~lRSERY INC
Since 1942
"LANDSCAPE OeSIGNERS. CONTRACTORS, GROWERS.
TREE MOVERS & GAADEN CENTER
10,000 Grear Plains Blvd.. Chaska, Minnesota 55318
3 Miles South of Chanhassen On Hwy. 101
Phone 612.445-6555
NEIGI-lBORHOOD INPUT REQUEST
Dear neighbor, Halla Nursery would like to replace our current Peacock/Game Barns
witb a new structure that would be insulated and heated to bcttcr protect the animals over
winter. Although we are permitted to re-build this building where it is currently located,
we arc requesting permission from the Chanhassen City Council to build the new
structure approximately 300' South and 300' East of its current location. We believe by
moving the structure from the edge of our property towards the middle and nestling it in
amongst a dense grove of30'-40' tall Duch trees that the structure will be better hidden
than it currently is and will be more accessible by our staiT during winter. We would like
your comments so that wc may provide them to the City Council for their review.
If it were up to you, would you allow Halla to move/replace the current Peacock/Game
Barn with a bettcr structure approximately 300' South and 300' East of its current
location or would you prefcr it be rebuilt in the same location as it is now?
Prefer new 10cation:4-.Ji;
Why: 71.~ ;4Fi(.AA'cV~ I- A?~ .-/~1.-/
Prefer old Jocation:~_
Why:
Thankyo!i.or takin: the~iS questionnaire!
Name: fiN{ J. ~
Address: 1J I
''TIlE PLileE TO co FOR PLANTS TlIAT GRO\V"
YOUR "NAllONAL LANOSCAPE AWARD" WINNING NURSERY FOR DESIGNING & PLANTING
$HAqe :tREES" ',\'.EVERGRE~.S" )o~' H~WERI.N.G',CRASS ,~ 'fRUIT TREES . FLOWEIlING SHRUBS' · tiED.GING · GROUND CO\6E"RS . FERTILIZERS
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. . ,', ' LANOSCA'''E CO~S0lTATlON\'~' 'INSECTICIDES"- . 'PRUNING ,;{.tAR~!;'TRFF 'MnviNn'" _ I.J~I i~ANt"'l: ',... A .0:.<: .' ';'''<:1;-''''11''''-' '
10/06/98 TUE 13:39 FAX 612 445 655i HALLA NURSERY INC
I4J (J (J 9 1(J1 0
SInce 1942
"lANDSCAPE DESIGNERS, CONTRACTORS, GROWERS"
TREE MOVERS & GARDEN CENTER
10,000 Great Plains Blvd., Chaska, Mlnnasota 55318
3 Miles South of Chanhassen on Hwy. 101
Phone 612-445-6555
NEIGlTBORHOOD INPUT REQUEST
Dear neighbor~ Halla Nursery would like to replace our current Peacock/Game Barns
with a new structure that would be insulated and heated to better protect the animals over
winter. Although we are pemlitted to re-build this building where it is currently located,
we are requesting pemlission from the Chanhassen City Council to build the new
structure approximately 300' South and 300' East of its current location. We believe by
moving the structure from the edge of our propcrty towards the middle and nestling it in
amongst a dense grove of 30' -40' tall Birch trees that the structure will be bctter hidden
than it currently is and will be more accessible by our staff during winter. We would like
your comments so that we may provide them to the City Council1c)r their review.
If it were up to you, would you allow Halla to move/replace the current Peacock/Game
Bam with a better structure approximately 300' South and 300' East of its current
location or would you prefer it be rebuilL in the same location as it is now?
Prefer new location: 'f...
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Prefer old location:
Why:_
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"rIlE l'1.ACE TO GO FOR PLANTS TIlAT GRO\V"
Your< "NATIONAL LANOf,cAPE AWARD" WINNING NURSERY FOR DESIGNII\G & PLANTING
:. SHAOE,:r.RE.~S,:' '~~R~~EE"iS:::'~l?~~I~G_!;R~BS" ,. FRUltTREI;S, ~ FLOWERING: SHRU8S ., HEDGING .. GROUND C:QvE'Rs. . FE~TllIz:eRS
.: ~. '"..: ':\"':";:'''t~.i:'~~'n~r-'~~~~..t:~,~.i~,'i';,,~~,:;;~~'::~~"";~'~~~~;~;';'~~" ".:~ ~e.':1~;~~~;':;'1'.."1 .~ ~';'::~~':,.~;..~. '..~..:~ ,.:: . I:'.':;~,'.. ~.I;'_ .....', .: . _' _........:...., ~.. : ~ .
141 010/010
10/06/98 Tl~ 13:40 FAX 612 445 6557 K4LLA NURSERY INC
Since 1942
'lANDSCAPE DESIGNERS, CONTRACTORS, GROWERS'
TREE MOVERS & GARDEN CENTER
10,000 Great PlaIns Blvd., Chaska. Minnesota 5531 e
3 Miles South of Chanhassen on Hwy. 101
Phone 612-445-8555
NEIGHBORJ-IOOD INPUT REQUEST
Dear neighbor, Halla Nursery would like to replace our current Peacock/Game Banls
with a new structure that would be insulated and heated to better protect the animals over
winter. Although we arc permit.ted to re-build this building where it is currently located,
we arc requesting permission from the Chanhassen City Council to build the new
structure approximately 300' South and 300' East ofits current location. We believe by
moving the structure from the edge of our property towards the nliddle and nestling it in
amongst a dense grove of 30' -40' tall Birch trees that the structure will be better hidden
than it currently is and will be more accessible by our staff during winter. We would like
your comments so that we may provide them to the City Council for their review.
If it wcre up to you, would you allow Halla to move/replacc the current Peacock/Game
Barn with a better structure approximately 300' South and 300' East orits current
location or would you prefer it be rebuilt in the same location as it is now?
Prefer new location:
Why;
Prefcr old location:
./
!/
N~me.:
Address:
"TIlE PLACE TO GO roOT{ PLANTS THAT GROW"
YOUR "NATIONAL LANDSCAPE AWARD" WINNING NURSERY FOil. DESIGNING & PLANlING
.' '." SHADE TREES .. to EVERGREENS', ,0 :'F.LOWERING' CRABS ,.':fRl:/Il'TREES '0 fLOWERING SHRUBS . HEDGING 0 GROUND COl/!RS . FERTILIZERS
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