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4. Halla Nursery Stipulation Agreement Amendment Request4 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 Fax: 952.227.1170 MEMORANDUM TO: Todd Gerhardt, City Manager FROM: Angie Kairies, Planner I DATE: August 9, 2010 SUBJ: Request to Amend Stipulation Agreement; Halla Nursery Sign Relocation PROPOSED MOTION "The Chanhassen City Council adopts the attached resolution denying Donald Halla's request to amend the 1997 stipulation to allow electronic message center signs on the nursery property zoned Agricultural Estate (A2), located at 10000 Great Plains Boulevard." City Council approval requires a majority vote of City Council. EXECUTIVE SUMMARY Finance Don Halla is requesting an amendment to the February 10, 1997 Stipulation Agreement Phone: 952.227.1140 to relocate the nonconforming Electronic Message Center (EMC) sign, previously located Fax: 952.227.1110 on the southeast corner of Pioneer Trail and Highway 101, to the Halla Nursery site, located at 10000 Great Plains Boulevard, zoned Agricultural Estate (A2). Park & Recreation Phone: 952.227.1120 Fax: 952.227.1110 Recreation Center 2310 Coulter Boulevard Phone: 952.227.1400 Fax: 952.227.1404 Planning & Natural Resources Phone: 952.227.1130 Fax: 952.2271110 Public Works 1591 Park Road Phone: 952.227.1300 Fax: 952.227.1310 Senior Center Phone: 952.227.1125 Fax: 952.227.1110 Web Site www.ci.chanhassen.mn.us BACKGROUND On February 10, 1997 the City and Don Halla entered into a stipulation agreement to place one off - premises, non - illuminated, directional sign on the southeast quadrant of the intersection of Highway 101 and Pioneer Trail. Said 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. In 2005, a "V" shaped, nine (9) foot tall, 131.5 square -foot, EMC off - premise sign was installed on the southeast corner of Highway 101 and Pioneer Trail. The sign did not comply with the stipulation agreement, as shown in the photo on Attachment A. In 2010, the EMC sign was court ordered to be removed from the site. I Chanhassen is a Community for Life - Providing for Today and Planning for Tomorrow Todd Gerhardt Halla Stipulation Agreement Amendment August 9, 2010 Page 2 of 2 Mr. Halla is requesting to relocate the sign to the nursery site at 10000 Great Plains Boulevard. The nursery is zoned Agricultural Estate (A2). An amendment to the 1997 Stipulation Agreement is required to relocate the sign. In 2009, the City Code was amended to include EMC signs within commercial districts only, and strictly prohibits them within Agricultural and Residential zoning districts. In addition to the prohibition of EMC signs, signs in the A2 district are limited to 24 square feet in area and 5 feet in height. The proposed sign exceeds both requirements and is not permitted by ordinance. Compliance Table: SUMMARY The Halla Nursery site is currently zoned Agricultural Estate (A2). Electronic Message Center signs are strictly prohibited within the A2 district. Staff is recommending denial of the applicant's proposed amendment to the February 10, 1997 Stipulation Agreement to relocate the sign. RECOMMENDATION Staff recommends the Chanhassen City Council adopt the attached resolution denying Donald Halla's request to amend the 1997 stipulation to allow electronic message center signs on the nursery property zoned Agricultural Estate (A2), located at 10000 Great Plains Boulevard. ATTACHMENTS 1. Attachment A. 2. Resolution. 3. Letter from Phillip Krass requesting amendment dated June 23, 2010. 4. February 10, 1997 Stipulation Agreement. 5. Section 20 -1276. Electronic Message Center Signs. 6. Section 20 -1301. Agricultural and Residential Districts. g: \plan\2010 planning cases\halla stipulation agreement amendment \executive summary 8- 9- 10.doc Proposed Sign A2 District Sign Requirements Compliance EMC Yes Not Permitted No Height 9 feet 5 feet No Area 131.5 square feet 24 square feet No SUMMARY The Halla Nursery site is currently zoned Agricultural Estate (A2). Electronic Message Center signs are strictly prohibited within the A2 district. Staff is recommending denial of the applicant's proposed amendment to the February 10, 1997 Stipulation Agreement to relocate the sign. RECOMMENDATION Staff recommends the Chanhassen City Council adopt the attached resolution denying Donald Halla's request to amend the 1997 stipulation to allow electronic message center signs on the nursery property zoned Agricultural Estate (A2), located at 10000 Great Plains Boulevard. ATTACHMENTS 1. Attachment A. 2. Resolution. 3. Letter from Phillip Krass requesting amendment dated June 23, 2010. 4. February 10, 1997 Stipulation Agreement. 5. Section 20 -1276. Electronic Message Center Signs. 6. Section 20 -1301. Agricultural and Residential Districts. g: \plan\2010 planning cases\halla stipulation agreement amendment \executive summary 8- 9- 10.doc ALLA --� GARDEN CENTER - LANDSCAPING - NURSERY �3 4 M. i I e S o fj t h P- NIL", 1/4 X41lr U 445-6,555 , MILE a- Mai" CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA DATE: MOTION BY: RESOLUTION NO: 2010- SECONDED BY: RESOLUTION DENYING AMEMDMENT TO 1997 STIPULATON AGREEMENT TO ALLOW ELECTONIC MESSAGE CENTER SIGN ON PROPERTY ZONED AGRICULTURAL ESTATE (A2) LOCATED AT 10000 GREAT PLAINS BOULEVARD WHEREAS, on February 10, 1997 the City and Donald Halla entered into a stipulation of settlement to resolve a lawsuit with the city which allowed, among other things, the placement of one off - premises, non - illuminated, directional sign on the southeast quadrant of the intersection of Highway 101 and Pioneer Trail. Said 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; and WHEREAS, in 2005, a "V" shaped, nine (9) foot tall, 131.5 square -foot, electronic message center, off - premise sign was installed on the southeast corner of Highway 101 and Pioneer Trail. The sign did not comply with the stipulation agreement. WHEREAS, in 2010, the electronic message center sign was court ordered to be removed from the site; and WHEREAS, Mr. Halla is requesting to relocate the sign to the nursery site at 10000 Great Plains Boulevard which is zoned Agricultural Estate (A2); and WHEREAS, electronic message center signs are prohibited within Agricultural and Residential zoning districts; and height. WHEREAS, signs in the A2 district are limited to 24 square feet in area and 5 feet in NOW, THEREFORE, BE IT RESOLVED that the Chanhassen City Council hereby denies the request of Donald Halla to amend the 1997 stipulation to allow electronic message center signs on the nursery property because the sign does not comply with zoning requirements. Passed and adopted by the Chanhassen City Council this 9` day of August, 2010. ATTEST: Todd Gerhardt, City Manager Thomas A. Furlong, Mayor 06/23/2010 14:04 FAX 612 455 2054 MGM LLP [l7�.002/003 MAL KERSON G UNN MARTIN T., 1.P 1900 U,S. BANK PLAZA SOUTH TOWER 220 SOUTH Six STREET MINNEAPOLIS. MINNESOTA 55402 T ELEPHONE 612'344- 1 1 1 1 FACSIMILE 612-344-14 1 4 Phillip R, Krags, Esq. NATIONALLY CERTIFIED CIVTT, TRIAL SPECIAL WT June 23, 2010 VIA FAX AND U.S. MAIL Thomas M. Scott, Esq. Campbell Knutson 1380 Corporate Center Curve /Suite 317 Eagan, MN 55121 Re: Halla/Chanhassen Court File Number: 10 -CV -06 -632 Our File No. 0043.011 Dear Tom: Direct: (612) 455 -6630 rod.krass@mg During our last conversation, I indicated that I would be sending you a letter requesting that the city council consider an amendment to the Stipulation of February 10, 1997. This request relates to the possibility of using the message board sign, presently being removed from the corner of 101 and Pioneer Trail, as an advertising and message sign for Halla Nursery. The intent would be to replace the present sign at the nursery with the message board sign. We understand that ordinarily this sign would not be permitted on the Halla Nursery property due to its size. We believe, however, it is certainly within the purview of the Mayor and city council to make a determination that under the circumstances that exist here, they will allow the use of the sign. While the Supreme Court has determined that Mr. Halla is not allowed to keep the sign at its present location, we are hopeful that the Mayor and city council will recognize that the $160,000 investment made in the sign came as a request of city staff approving and then reapproving the sign, as well and approving and reapproving the footings for this sign. I do understand that the city staff member who issued the permit was unaware 135166.DOC 06/23/2010 14:04 FAX 612 455 2054 MGM LLP a 003/003 Thomas M. Scott, Esq. June 23, 2010 Page 2 of the 1997 Stipulation, but please know that Mr. Halla understood he had a right to apply for a new sign permit under that1997 Stipulation and he did so through a legitimate sign company as required in Chanhassen. The company recommended this size sign because it was being moved from a conspicuous place right at the intersection of 101 and Pioneer Trail to a place significantly east and somewhat south of the original sign placement. This entire situation is most unfortunate and I am hopeful the city will recognize its role in Mr. Halla's sign investment. I would appreciate it if you would advise me as to what the next step in this process should be, as it is certainly an unusual situation we are presently faced with. will wait to h Ar*om you. Very R. RK/ad cc: Donald Halla (via facsimile) Rachel Myers, Esq. 135166,DOC r 09/15/97 14:26 IM12 1 9845 CAMPBELL IMTTSON STATE OF MINNESOTA COUNTY OF CARVER City of Chanhassen, Plaintiff, vs. Halla Nursery, Inc., a Minnesota coi.13oratioll, Defendant. DISTRICT COURT FIRST JUDICIAL DTSTP.ICT CASE TYPE. 10I0ther Civil Court File No. C8- 94 STIPULATION TOIL ENTRY +CIF .TEJDG.11W1V' f STIPULATION, made this 10th day of February, 1997. by, between, and among the CITY OF CHANHASSEN, a Minnesota municipal corporation ("City"), and HALLA NURSERY, INC., a Miraiesota corporation, ( "Tenant "). REICITALS WHEREAS, Tenant leascs the following described property ( "Subject Property ") located at 10,000 Great Plains Boulevard in the City of Chanhassen, Carver. County, State of Minnesota consisting of aE pfoxinlately 12 acres now devoted to retail nursery, garden center, and contractor's yard and legally described as folIows, to -wit: Lot 10, I:3lock 1, Halla Great Plains Addition, according to the recorded plat thereof, Carver County, Minnesota. The Subjcct Property is zoncd A -2, Agricultural Estatc District. WHEREAS, in early 1994, Tenant constructed a new retail sales building ( "Garden Center ") of approximately 5,000 square feet on the Subject Property, and no building permit 37355.72 r02/03/97 A' L py OFFIC CO , (" M, Chanhassen /Halla Nursery, Inc. 4 06/15/97 14:27 $612 9845 C.;WBELL KNUrSON was obtained. Tenant bas since used the Garden Center for retail sale of goods to the general public. WHEREAS, in May 1994, the City inspected the Garden Center. The City Building Official found that the Garden Center did not comply with the Uniform Building Code ( "UBC ") requirements for a B -2 occupancy. WHEREAS, can June 1, 1994, the City initiated a civil lawsuit against Tenant seeking to permanently enjoin Tenant's operation of a retail conunercial 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. WHICRE,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. WHEREAS, the City is desirous of exercising its zoning and police powers for the public good. WHEREAS, the parties desire to amicably resolve and settle their differences and to avoid the cost of further litigation. NOW, THEREFORE, the parties stipulate as follows: 1@ oo3 39155.12 ChanhasnenfHalla Nurnory, Inc. r02 /03/97 -2- 09/15/97 14:27 1. '6612 "5 9845 CUIPBELL KNUTSON APPROVAL. Except as otherwise provided herein, the Subject Property shall he subject to the requirenxents of the City's Zoning Ordinance, as may be amended from time to time. 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 K. B. Garden Center L. C. Existing Green houses M. D. Shade House N. E. Future Green Houses O. F. Storage Building P. G. Play Area/Gazebo Q. H. Truck/Storage Building R. I. Potting /Storage Building J. Pump House S. T. U. LY. V. 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 Ward 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 terms shall control. 31155.92 chenhessen /HaH a Nursery, Inc. 02103197 -3- [a 004 W15/9 7 14: 28 $612 9345 C AMPBELL IUNUTSON C�]J 1)o5 3. GARDEN CENTER. The Garden Center identified as Building B on Exhibit ".A." may not be enlarged beyond its current footprint, nor may a basement or second story be added, unless approved in advance by the City Council. A. Retail Sales - Defined. Retail sales means sales to the general public of the products listed on the attached Exhibit 'B ". (Permitted Products). B. Retail Sales Prohibited. All retail sales are strictly prohibited, except as expressly allowed pursuant to this Stipulation and Exhibit "B ". C. Allowed Retail Sales. The general public may enter and use the Garden Center, Greenhouses, Shade House, Office and the outftor areas shown as IL, a, Q and R for the purpose of viewing, selecting and purchasing Permitted Products. All cash register checkout activity must tape place inside the Garden Center. D. Expansion of Retail Sales. The buildings and outdoor areas where retail sales are permitted may not be expanded or relocated on the Subject Property, Fxhibit "A ", without the prior written approval of the City. E_ Expansion of List of permitted Products. The list of Permitted Products naay not be expanded 'without th prior written consent of the City. The list of Permitted Products may not be expanded without the prior written consent of dtc City, to innc:lude power tools which are not hand held, farm implements, motor vehicles, snow plows or snow plow blades, or recreational vehicles or non- handheld equipment of any kind. F. Inspec.�tion. 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 /Hal La Nursery, Inc_ rO2/D3197 -4- 09/15/97 14:29 $612 " ^ 5 9845 CAMPBELL KNUTSON �q66 the general public. The City agrees to conduct the inspections in a reasonable manner, and without any undue disruption to Tenant's use of the Subject Property. 4. NURSERY. A. Nursery Stock and Nursery Equipment - Defted. Nursery stock means flowers, shrubs, plants and trees. Nursery equipment means equipment owned or leased by Tenant used for growing, storage, digging, installation or display of nursery stock. B. Indoors_ The buildings on the Site Plan 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, D. Expansion of Nursery_ The buildings and outdoor areas where nursery activitk* are pemitted Ynay not be expanded or relocated on the Subject Property, Exhibit "A" without the prior written approval of the City Council. S. 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. R. 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 landscaped 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 /Hatla Nursery, Inc. r02/03/97 -5- 0/15/97 14:29 %Y612 ' ', 9845 CAMPBELL KNUTSON 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 Ward. 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. SIGNAGE. 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 same 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 thQ 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_ 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. d. 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. 0007 31155.12 Chanhassen /HaLta Nursery, Inc. 09/15/97 14:30 V612 `5 9845 CAMPBELL KNUTSON X1008 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 perinit issued by the City. 7. PARKING. A_ Minimum Number of Stolls, The areas identified as P on the Site PIan are at least the minhnum required parking stalls, which shall not be devoted to any other use. B. Handicapped Parking and Fire Lanes. The handicapped parking stalls and fue lanes as shown on the Site plan must be designated and marked as required by State law and City ordinances. 8. FENCE /SCREENIN /BERMING. A. Future Fence. 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 benning must be installed within 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 dve to weather or ground conditions. The screening MUSL meet the requireme -ELS 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 system, provided that Tenant shall permanently remove and disconnect all speakers or other sound amplification devices located outside of a building by February 15, 1397. The public address system or other sound amplification devices shall be operated so that it 31155.12 Chanhassen /HaUa Nursery, Inc. rO2 /03197 -7- 09/15/97 14:31 %Y612 " ^5 9845 CAMPBELL KNUTSON 200 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 TUDGM_FNT. Upon execution of this Stipulation, the parties agree to submit the Order, attached hereto as Exhibit "C ", to the Court. The parties hereby stipulate to entry of said Order by cx -pane motion of either party. 11- SEVERAIBILIfTY. If any portion, section, subsection, sentence, clause, paragraph, or phrase of this Stipulation is for any reasoia held invalid, such decision shall not affect the validity of the remaining portion of this Stipulation. 12. WADERS /AMEND►MENTS. The action or inaction of the City shall not constitute a waiver or amendment to the provisions of this Stipulation. To be buidi.ng., 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 writing, and shall be either band 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 Creek 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 Chanhassen /Matta Nursery, Inc. P02/03/97 -�- 00 /15/97 14:31 $612 ' "s 9545 CAMPBELL KNUTSON 0010 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 AND ASSIGrNS. This Stipulation shall be binding upon the parties, their successors and assigns, and subsequent purchasers of the Subject Property. 16. RMISDICTION. The District Court shall reserve and retain ,jurisdiction 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 Temmt unless it is enforced on all A -2 users in accordance with the equal prt)teoliorl doctrine. 18. PUBLIC I'N'TEREST. This Stipulation shall be liberally construed to protect the public's interest. 19. ENFORCE 1%1 ENT. The prevailing party in any action. or proceeding in court to enforce or interpret the terms of this Stipulation shall be entitled to receive its reasonable attorneys' fees ai d otlier reasonable costs and expenses from the non - prevailing party. CITY OF CHANHASSEN BY:G Nancy an6 , AND X AI_ Don Ashworth, miry Manager/Clerk- 31155.12 Chanhassen /Naha Nursery, Inc. r02/03/97 -9- 09/15/97 14:32 V612 " "5 9845 CAMPBELL KNLTTSON STATE OF MINNESOTA ) � ss. COUNTY OF CARVER � [a 011 The foregoing instrument was acknowledged before me this 'i 5� day of 1997, by Nancy K. Mancino and by 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 authority granted by its City Council- N=6 Pu lic CAMPBELL. KNUTSON, SCOTT & FUCHS, P.A. By: �•.� Elliott B. Kn6Kch, #168130 Attorneys for Plaintiff 317 Eagandale Office Center 1380 Corporate Center Curve Eagan, MN 55121 (612) 452 -5004 0 KARENJ.ENQEL MY00whWan HARDT NQTAAYPUBLIC- MINNESOTA CARVER COUN Y Expires Jan. 31, 2000 .4 Iftmabb 31155.12 Chanhassen /Halle Nursery, Inc. r02/03197 -10- 09/15/97 14:32 $1112 9845 CAMPBELL KNUTSON 2012 STATE OF MINNESOTA j ) ss. COUNTY OF DAK OT A ) TENANT: HALLA NURSERY, INC. WX ANT The foregoing instrament was acknowledged before me this day of C- ,e 0 AI , 1997, by Von f'. 141 +A k - L 414 , the PW6E; r oc-A; and V i c F P 6-, ID FIV j of Halla Nursery, Inc., a Minnesota corporation, on behalf of said corporation. Notary Public'�`�'�''""`4 Rae�R� - j, eRtit�u r l . NoW 4 ano 19 Ca � PSbid EX: Mr. Robert J. Bruno, #12415 Attorney for Defendant 107 Burnsville Professional Plaza 1601 East Higbway 13 Burnsville, MN 55337 (C 12) 590 -9171 DPAFM 13Y Campbell, Knutson, Scott & Fuchs, P.A. 1380 Corporate Center Curve, Siiite #317 Eagan, Minnesota 55121 Telephone: (612) 452 -5000 EBY, 39155.12 Chanhassen /Halla Nursery, Inc. 69/15/97 14:33 $612 9845 CAMPBELL ICNUTSON FEE OWNER CONSENT TO STIPULATION FOR ENTRY OF R DCMF,NT 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 hereby join in, affirm, and consent to the provisions tbereof and agree to be bound by the provisions as the same may apply to that portion of the Subject property owned by them. Ia 013 Dated. -7 '-7 f DONALD E. HALLA a a. Lin E_ Ha11a SANDRA J, ("MA YNA HA A STATE. OF MINNESOTA ) ( ss. COUNTY OF 'j'1�4 i r4 ) The foregoing instrument was acknowledged before me this `f- day of F"E RP L42 , 1.997, by DONALD E. HALLA aixd - &A�J - C , husband and wife. AW) SANDRA J CWAYINA IIALLA j71 N T Y PUBLIC for sandr J. �J C 7 Cwayna Ha17.a AIVN M. WALDSCHMlaT NOTARY PUBLIC - MINNESOTA HENNEPIN COUNTY NN Comm. ExAfres Jan. 81, 20i7D NOTARY PUBLIC for Donald B. Ha11a �k•; �kAe;+ �r! k�! " ,, ,� , �w ear i Yl.6 ' t � uutn: � s �� .. 110k9 ti BRUNO Notary Public Minnesota Dakota C011* My Gammi stinn Expifes I ri "t 31155.12 . Chanhassen /Halla Nursery, Inc. 02/03197 42- K\EY: A = 0 F F! C F. ! /- r r' Ci F:, A 1 0 �A U:S j'! i- p 11 �S- E\/ H I TIT A b r-rJ - TEr�, f;Ufi C GF"Ef.:r-4Hou!5r-5 5HAPE HousE FuTlup- ciFErHHousE5 F G H L J = ruf F1,11X-E j rl H Ly OF 0 FU 5TO:An.F- 61N5 F\ p" u L F, T5 T i. Di t Al Or EF' T71 � ACI� T OR P /" Q� lie i I IF m LIZT5 OF r[:-F 1 1 - 1 51CII�;A61F- I F[3 N —_T4 p - r 14 F Ti, �' - Kf� I DIRLECTIONAL Of &VETY 51G!\ T .7 ZW jo`x9l": 1 12 `�\ ��� `� / T2 GF °EI'r ✓u� &5 I ?_ 9i�' 73 X-A -10 1z DAL! E() ANL) E;Ljn! APPED Tl;EEI Al . Sr ,;o T5 T(, = GI'Zr :.I 12 "x TT7e, T 9 710 - !i = FOTTFL TR=c5,15AL-LF-D P 6 lru 1> T)?- 113 T 15 .�A PF-F'&[ 5HAPE H/J ;-c 1?," 'M = DALLE AND awz-. LAPPED 14 'T15 = HANDICAP lu" , z/. * A MAMA INC LANDSCAPE DESIGNERS CONTRACTORS GR OWERS 10.000 GREAT ALA— —G. PHONE 443-6555 CHANHASSEH. NCKSOTA —1. ]"LtsSOIRNo,—.s —1.1 N OT F S: SCALE:l`=10n' NAME LANDSCAPE DESIGN —DESIGNER DATE JA I�j 7, 1 7 NATIONAL LANDSCAPE AWARD WINNING NURSERY' ADDRESS CITY PHONE H R Jo N 0. 09%15%97 14:33 $612 ' ^6 9845 CAMPBELL IiNIITSQN [1014 TXH.IBIT "B" - PERMITTED PRODUCTS PRO DUCTS FOR THE INSTALLATION, SALES, CARE, MAINTEriTANCE AND ORNANMNTATION OF PLANTS, LAWNS, BLS AND OTHER LANDSCAPE FEATURES 1.3,3,4 PEILTI LIZERS 1 ' PATIO PRODUCTS '- HERBICIDES i ORNAMENTAL ITEMS FUNGICIDES WATER PRODUCTS 1� BIRD SUPPLIES' BULK SOILS' B IRD FEED S 1.4 BAG�7P,)) iV1UMI_'KES '.2 BIRD HOUSES 1 .4 BULy M�TI,CHES s BIRD BATHS '.z.� BAMM SOIL WEED RARP.AR FABRIC AND PINS ; z SITE FURNITLME 1,2 POWER AND HAND TOOLS' CONSULTATIONS -"' SEEDS 1 GAUGES 1 SPREADERS TI'`;q 1 WATERING EQUIF NSNT 1'Z POLY, INFORMATIONAL TEXT 1 CLOTH AND NETTING PONDS LZ3,4 PLANT SUPPORTS STATUARY 7'2.3'4 FOUNTAINS 11214 I ENCI.N'Cr ` 2 FISH AND WATER. PLANS 1.2 TRELLISES 1 3,4 STRAW/MARSH HAY GAZEBOS 47.71 LABELS LIGHTING " BIRDS "2 CHRISTMAS TREES & ACCESSORMS 1,2,4 LANDSCAPE DESIGNS 2,3 BULBS LABOR " CL07HING-1 MAINTENANCE 2'3 PESTICIDES i SNOW PLOWING �13 CHIT -S 1.714 INSTALLATIONS 4 ' 3 POTTERY l,xd CONSTRUCTION ANIMAL REPELLENTS 1 RECO NSTRUCTION 271 SOX] 2 REM OVAL %1 WOOD TIES DELIVERY 7,: 3 TOOL AND EQUPMBNT REN'T'AL 1.7.E 1301JLDER � SOIL AMENDMENTS SAND 2 TRF SHILL & PLANT NIATE.RIAL 1, 9,4 EDGING INSURANCEiDAMAGE EVALUATIONS 1 '' STRUCTURES 7,z GIFT CERTIFICATES 1,3 OUTDOOR LIVING ACCESSORIES GjAMFJFARM ANIMALS & SUPPLIES 1'2'9 PLAYGROUND FQL) PMLNT 1,2 RETAINING WALL PRODUCTS -1 DRAW THE & ACCESSORIES 1.1 NUSCELLANEoUS ITEMS, PLANTS OR MATERIALS FOR THE AESTHETIC, PRAC ' AND TICAL, IMPROVEMENT, OR USE OF INDOOR OUTDOOR LIVING SPACES 1,7,9,4 1 Indoor sales from the Garden Center L Outdoor sales 3 Indoor sales fratn the Office S Sales frorn the Greenhouses ide as Buildings C & E on Exhibit A. 09/15/97 14:34 $612 S 9845. STATE OF MINNESOTA COUNTY OF CARVER City of Chanhassen, Plaintiff, Ys. Flalla Nursery, Inc_, a Minnesota corporation, Defendant. CAMPBELL IiNUTSON FILE[ MAR - 6 1997 CARVER COUNTY COURTS ORDER FOR IUDGMENT DISTRICT COURT FrIZST JUDICIAL DISTRICT CASE TYPE: 10 /Other CivJ1 Court File No. C8-94-851 O ER FOR JUDGN E NT AND rMFNT Bawd upon the Stipulation for Entry of Judgment, and upon all the files, records and proceedings herein, IT IS RE1 EBY ORDERED: 1. The City of Chanhassen, Ralla 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 iialla Nursery, Inc, is hereby permanently enjoined from using the Subject Property in violation of the Stipulation for Entry of Judgment. befendant °s violation of any obligation tinder the Stipulation will constitute immediate and irreparable damage to the Plaintiff not compensable in money damages and entitles the Plaintiff to pretiminary and pezmanent injunctive and equitable relief to cure the violation upon application to the District Court. IM 015 30982.02 SIT NICT 07/22/46 09/15/97 14:35 $612 ; 9845 CAMPBELL IWITTSON 3. Plaintiff's violation of any obligation under the Stipulation will constitute immediate and irreparable damage to the Defendant not compensable in money damages and entitles the Defendant to preliminary and permanent injunctive and equitable relief to cure the violation upon application to the District Court_ 4. Defendant Halla Nursery, Inc.'s Counterclaim is hereby dismissed in its entirety with prejudice. $- T1i.e Court shaU reserve and retain jurisdiction to enforce the Stipulation for Entry of Judgmcat, and issue additional orders as it deems just and proper. THERE BEING NO JUST CAUSE FOR DELAY, LET JUDGMENT BE EN'T'ERED ACCORDINGLY, FORTHWITH. Dated: 3- , 19 BY THE COURT rte" J die' istrlct Court \__ MGMENT The above Order hereby constitutes the Judgment of this CourL Dated: 1 (Court Seal) Dated; March 6, 1997 30982_02 07122/96 V OR A .i atrSr B . -2- Cj 0 16 09/15/97 14:35 CAMPBELL KNUTSON [a] 017 Document No: STATE OF MINNESOTA CARVER COUNTY RECORDER (Abstract Department) Filling Fog; i—Z.— Copy Fee: Check No: 7 Cash Filed . & �i�2 �Irl at Carl W. Hanson Jr., County Recorder _ 7 Y Sec. 20 -1276. - Electronic message center signs. Electronic message center (EMC) signs and time and temperature signs shall comply with the following standards: (I )No electronic message center sign may be erected that, by reason of position, shape, movement or color interferes with the proper functioning of a traffic sign, signal or which otherwise constitutes a traffic hazard. (2) Electronic and nonelectronic message center space used on a sign shall not exceed the following display area: ;Sign display area EMC Display 0 -24 sq. ft. 50% 25 -64 sq. ft. 45% 65 -80 sq. ft. 40% (3) Electronic message center displays shall not exceed 5,000 Nits between the hours of civil sunrise and civil sunset and shall not exceed 500 Nits between the hours of civil sunset and civil sunrise. (4) Electronic message center signs shall not cause direct glare, nor become a distraction due to excessive brightness. (5) The lamp wattage and luminance level in candelas per square meter (Nits) shall be provided at the time of permit applications. (6) There shall be no electronic message center signs in the front setback area within 50 feet of a street intersection (as measured from intersecting right -of -way lines) except where lighting for such sign is indirect or diffused and in no way constitutes a traffic hazard. (7) There shall be no electronic message center signs within 125 feet of a residential district. (8) Flashing, special effects or animated scenes on electronic message center signs shall be prohibited. (9) Electronic message center signs shall not be located in agricultural or residential zoning districts. (10) Electronic message center sign display use for signs within 500 feet of single - family residential homes shall be limited to the hours between 6:00 a.m. and 10:00 p.m. Sec. 20 -1301. -Agricultural and residential districts. The following signs are allowed by permit in the A -2, RR, RSF, R -4, RLM, R -8, R -12, R -16, and residential PUD districts: (1) Public and institutional signs. One ground low profile or wall sign, not exceeding 24 square feet of sign display area, shall be permitted on the premises of any public or institutional property giving the name of the facility and nature of the use and occupancy. Such sign shall be located at least ten feet from any property line, and shall not exceed five feet in height. (2) Area identification /entrance signs. Only one monument sign may be erected at the entrance(s). Total sign area shall not exceed 24 square feet of sign display area, nor be more than five feet high. More than one sign per entrance may be erected, provided that the total sign area does not exceed 24 square feet. Any such sign or monument shall be designed with low- maintenance, high quality materials. The adjacent property owner or a homeowners association shall be responsible for maintenance of the identification /entrance sign and surrounding grounds and landscaped areas. Such sign shall be located so as not to conflict with traffic visibility or street maintenance operation, and shall be securely anchored to the ground. (3) Nonresidential uses. Only one monument sign may be permitted on the site. The total sign area shall not exceed 24 square feet of sign display area, nor be more than five feet in height.