3i. Approve Stipulation for Entry of Judgment, Order for Judgment, and Judgment and the First Amendment thereto, Lowell & Janet Carlson PropertyRECEIVED�o
CAMPBELL, KNUTSON, SCOTT & FUCHS, P.A.
Attorneys at Law
5
Roger N. Knutson
Thomas M. Scott
Clan G. Fuchs
James R. Walston
Elliott B. Knetsch
Eli =aheth A. Luner
Andrea McDowell Poehler
January 31, 1994
1994
CI I i vr „ro„ivrnASSEN
(612) 452 -5000
Fax(612)452 -5550
Manager's Comments: Approval is
Ms. Kate Aanenson recommended.
Chanhassen City Hall DWA (2 -8 -94)
690 Coulter Drive, Box 147
Chanhassen, MN 55317
RE: Lowell and Janet Carlson vs. City of Chanhassen
Dear Kate:
Enclosed please find the following documents:
1. Two original Stipulations for Entry of Judgment, Order for
1 Judgment, and Judgment.
2. One original First Amendment to Stipulation for Entry of
Judgment, Order for Judgment, and Judgment by and between Lowell
and Janet Carlson and the City of Chanhassen.
Please put these agreements on the next available City Council
agenda for approval by the Council. If the agreements are
approved, each of the originals should be executed by the City and
returned to me for submission to Judge Goggins for entry of
' judgment.
Please let me know if you would like me to prepare a report to
the Council detailing the terms of this settlement. This item may
be placed on the consent agenda if staff deems it'-.appropriate.
Please call if you have any questions.
Very truly yours,
CAMPBELL, KNUTSON, SCOTT
& FUCHS, P.A.
. a ! 4 �e
I BY. )4
Elliott B. Anftsch
EBK:slc
Enclosures
cc: Mr. Don Ashworth (Enclosures)
Mr. Bruce Olander
iJ
Suite 31 • Eagandale Office Center • 1380 Corporate Center Curve • Eagan, MN 55121
i
STATE OF MINNESOTA
COUNTY OF CARVER
DISTRICT COURT
FIRST JUDICIAL DISTRICT
CASE TYPE: 10 - Other Civil
0
I I
-----------------------------
Lowell and Janet Carlson,
Plaintiffs,
Court File No. C2 -90 -27051
VS. STIPULATION FOR ENTRY
OF JUDGMENT, ORDER FOR
City of Chanhassen, JUDGMENT AND JUDGMENT
Defendant.
STIPULATION made this day of G i 1993,
by, between, and among the CITY OF CHANHASSEN, a Minnesota
municipal corporation ( "City "), and LOWELL CARLSON AND JANET
CARLSON, husband and wife ( "Owner ").
' RECITALS
WHEREAS, Owner owns the following described property
( "Subject Property ") located in the City of Chanhassen, Carver
County, State of Minnesota and legally described as follows, to-
wit:
That part of Lot Two (2) of Section Seven (7), Township One
Hundred Sixteen (116), Range Twenty -three (23), Fifth
Principal Meridian, according to Government Survey thereof,
described as follows: Commencing at the Northwest (NW)
' corner of said Lot Two (2), thence South along the West line
of said Lot Twenty (20) rods, thence East, at right angles,
Thirty -two (32) rods, thence North at right angles, Twenty
' (20) rods, to the North line of said Lot, thence West, along
said North line, thirty -two rods to place of beginning.
That part of Lot 2 of Section 7, Township One Hundred
Sixteen, Range 23, Fifth Principal Meridian, according to
Government survey thereof, described as follows, to -wit:
commencing at a point on the North line of said Lot Two (2),
distance thirty -two (32) rods form the Northwest corner of
said Lot; thence East, along said North line, eight (8)
rods; thence South at right angles, 40 rods; thence West at
right angles, 8 rods; thence North at right angles 40 rods
to the place of beginning.
12-
R 12 -03 -93
and '
WHEREAS, in 1985, Owner was notified by the City that it had
enacted an ordinance which required that all property owners ,
having a valid non - conforming use of their property as
contractor's yards were required to apply for a conditional use
,
permit as a condition of continued use as a contractor's yard;
and
WHEREAS, the City commenced criminal proceedings against
'
Owner alleging violations of the City's zoning ordinance;
and
WHEREAS, on December 10, 1990, the Honorable Eugene Atkins
issued an Order Allowing Writ of Mandamus and Alternative Writ of
'
Mandamus in the above captioned matter;
'
and
WHEREAS, on February 12. 1993, the City initiated a
counterclaim against Owner alleging that the operation of the
contractor's yard on the Subject Property constitutes a violation
i
of the Chanhassen nuisance and zoning ordinance.
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. Buildin . Owner is allowed to construct one building
up to a maximum of 6,000 square feet on the Subject Property.
'
a. The building must comply with all applicable building
codes and City ordinances, except as expressly provided
'
otherwise in this Stipulation.
b. The building may have a basement. The square footage
'
of the basement wY'�ch is below grade shall not be
-2-
' 2. Workshop Owner may construct one workshop up to a
maximum of 1,600 square feet on the Subject Property.
' a. If the new shop is constructed, the two (2) existing
small garages, as shown on the Site Plan, attached
hereto as EXHIBIT A, must be totally removed from the
Subject Property within thirty (30) days after the shop
is substantially completed.
b. The workshop must be located within the outside storage
area, as provided in this Stipulation.
' -3-
considered to enlarge the square footage of the
building allowed herein. The basement must meet all
'
applicable building codes.
C. The building may be a metal pole barn type structure of
'
a color which is compatible with the residence. The
'
building may run north /south parallel to the east line
of the Subject Property, or it may run east /west
'
parallel with Kings Road.
d. The construction of the building must be completed by
July 15, 1995.
e. Owner must file a complete application for a building
permit for the building and fence by April 1, 1994.
'
Owner must obtain a building permit for the building
and fence before starting construction. Owner may have
'
the building permit extended for six (6) month
intervals, at no cost to owner, upon application to the
'
City. Any
extension of the building permit will not
operate as an extension of the deadline to complete the
building.
' 2. Workshop Owner may construct one workshop up to a
maximum of 1,600 square feet on the Subject Property.
' a. If the new shop is constructed, the two (2) existing
small garages, as shown on the Site Plan, attached
hereto as EXHIBIT A, must be totally removed from the
Subject Property within thirty (30) days after the shop
is substantially completed.
b. The workshop must be located within the outside storage
area, as provided in this Stipulation.
' -3-
C. The workshop must meet all applicable building codes
and City ordinances.
d. Owner must obtain a building permit for the workshop.
e. The appearance of the workshop must be compatible in
color with the residence.
f. If the new workshop is constructed, Owner must roof,
repair and paint the existing shop garage, as shown on
EXHIBIT A, to be compatible in color and building
materials with the residence.
3. Outside Storage Area An outside storage area is
allowed as shown on EXHIBIT A.
a. The outside storage area must be completely fenced,
with either a chain link fence or a wood fence as shown
on EXHIBIT A.
b. The wood fence must be a slat board type fence, six and
one -half (6 1/2) feet in height. The chain link fence
must be six and one -half (6 1/2) feet in height. The
wood fence may be less than six and one -half (6 1/2)
feet on the east property line of the Subject Property
based on the existing grade.
C. The area between the Kings Road right -of -way and the
wood fence must be landscaped with deciduous or
coniferous trees. Deciduous trees must be at least two
and one -half inch caliper. Coniferous trees must be at
least six feet in height. At least one tree per thirty
feet around the chain link fence is required. The
trees must be selected from the list attached as
-4-
i
EXHIBIT B. Owner must also install the landscaping on
' the west link fence as shown on EXHIBIT A.
g. All materials, equipment and personal property of any
kind must be moved inside the outside storage area
' within thirty days after completion of the fence.
' h. Owner must maintain the fence as long as it exists on
the Subject Property.
4. Outside Storage No storage of any motor vehicles,
material, equipment, or other personal property of any kind is
' allowed, except completely within the allowed outside storage
area. Owner may have personal motor vehicles, as allowed by City
ordinances, which may be parked outside the allowed storage area.
5. Materials and Equipment Owner agrees to remove from
the Subject Property all materials, equipment, or other personal
property which is not currently used for business purposes.
1 5-
d. If Owner fails to timely submit an application for a
building permit pursuant to Section le., the fence must
'
be completed by May 20, 1994.
e. If the building permit is applied for on time as
'
provided in Section le., the fence must be completed by
'
July 15, 1994.
f. If Owner fails to complete construction of the fence
for the outside storage area as required by Section
3a., Section 3d. and Section 3e., whichever are
'
applicable, the City
may enter the Subject Property and
'
construct the fence and assess the costs as provided in
Section 5.
g. All materials, equipment and personal property of any
kind must be moved inside the outside storage area
' within thirty days after completion of the fence.
' h. Owner must maintain the fence as long as it exists on
the Subject Property.
4. Outside Storage No storage of any motor vehicles,
material, equipment, or other personal property of any kind is
' allowed, except completely within the allowed outside storage
area. Owner may have personal motor vehicles, as allowed by City
ordinances, which may be parked outside the allowed storage area.
5. Materials and Equipment Owner agrees to remove from
the Subject Property all materials, equipment, or other personal
property which is not currently used for business purposes.
1 5-
a. Owner and City staff will make a list of items to be '
removed ( "Listed Items ") by December 23, 1993.
b. Owner must remove all listed items by January 23, 1994. '
C. If any Listed Item remains on the Subject Property on
or after January 24, 1994, the Owner grants the City
permission to enter the Subject Property and remove any '
Listed Item which remains.
d. All costs incurred by the City in removal and disposal '
of the Listed Item shall be paid by Owner. If Owner
fails to pay the costs within thirty days, the costs ,
shall be assessed against the Subject Property as a I
special assessment and certified to the County Auditor
for collection with real estate taxes on the Subject '
Property. The assessment is due and payable the first
year after certification if the costs incurred are '
$1,500.00 or less. If the costs exceed'$1,500.00, the '
assessment will be spread over five years, with an
annual interest rate of eight percent (8 %). '
e. Owner waives all rights granted by Minn. Stat. Ch. 429,._
with respect to this assessment, including but not '
limited to, the right to notice, hearing and to appeal
the assessment to district court. '
f. Owner hereby releases and forever discharges the City '
from any and all actions, causes of actions, claims,
and demands (whether civil or criminal), damages, '
costs, including attorneys' fees, and expenses on
account of or in any way arising out of the City's '
-6-
actions in the removal and disposal of Owner's property
as provided herein.
6. Sheds on East Property Line The five wood sheds and
one van body located on the east line of the Subject Property, as
shown on EXHIBIT A, may remain until July 15, 1995, only if Owner
has applied for building permits as required by Section id.
a. If Owner fails to timely submit an application for
building permits pursuant to Section le., the five wood
sheds and one van body must be completely removed from
' the Subject Property within thirty days after
completion of the fence.
b. If the five wood sheds and one van body remain on the
I I
Ll
Subject Property more than thirty days after completion
of the fence, the City may enter the Subject Property
and remove the sheds, van body, and all their contents,
and assess the costs as provided in Section 5.
7. Dirt Stockpile Stockpiling of dirt or other materials
is not allowed, except as provided herein.
a. Thirty (30) days after completion of the fence, all
dirt or other materials which have been allowed to
remain on the Subject Property, or which is to be used
in Owner's business, must be stockpiled, loaded, and
unloaded only completely within the approved outside
storage area.
8. Landscaping Generally The Subject Property shall be
landscaped according to the Landscape Plan attached hereto as
EXHIBIT A. Owner must maintain and mow the Subject Property,
except for the area within t2e approved outside storage area, and
-7-
the area labeled pasture on EXHIBIT A. Owner must replace trees I
or other plantings which die within two (2) years of their
installation.
9. Owner's Petition for Writ of Mandamus will be dismissed ,
with prejudice and without further costs to either party.
10. Failure of Owner to carry out any obligation under this ,
Stipulation will constitute immediate and irreparable damage to
the City not compensable in money damages and will entitle the
City to preliminary and other injunctive and equitable relief
upon application to the district court.
11. The district court shall reserve and retain
jurisdiction to enforce this Stipulation and issue additional
orders against either party as it deems just and proper.
12. Nothing herein shall be construed to give the City any
greater rights to enter the Subject Property than what is
expressly provided herein, or otherwise granted by law or
ordinance.
CITY OF CHANHASSEN
BY:
Donald J. Chmiel, Mayor
AND
Don Ashworth, City Manager
CAMPBELL, KNUTSON, SCOTT
& FUCHS ;A i .
By. Elliott B. ��
sch, #168130
Attorneys for Defendant
1380 Corporate Ctr. Curve, #317
Suite 317
Eagan, MN 55121
(612) 452 -5000
t
-8-
I
OWNER
BY : �. _ (
Lowell Carlson
AND
Ja t Carlson
BY:
ruce A. Olander, #81334
Attorney for Plaintiffs
200 First Street East
Jordan, MN 55352
(612) 492 -6990
Iwm
ORDER
,
Based upon the foregoing Stipulation for Entry of Judgment, and
upon all the files, r records and proceedings herein, -IT IS HEREBY
ORDERED:
'
1. Petitioners Lowell and Janet Carlson, the City of
Chanhassen and the Subject Property are hereby subject to and bound
'
by the terms and conditions set forth in the Stipulation for Entry of
Judgment, which is incorporated herein by reference.
2. Petitioners Lowell and Janet Carlson are hereby enjoined
'
from using the Subject Property in violation of the Stipulation for
'
Entry of Judgment.
3. The Petitioners' Petition for Writ of Mandamus is hereby
dismissed with prejudice and without further costs to either party.
,
4. Judge Atkins' Order Allowing Writ of Mandamus and
'
Alternative Writ of Mandamus dated December 10, 1990, is hereby
vacated.
'
5. The court shall reserve and retain jurisdiction to enforce
the Stipulation for Entry of Judgment, and issue additional orders
,
against either party as it deems just and proper.
'
LET JUDGMENT BE ENTERED ACCORDINGLY.
Dated: 1993. BY THE COURT:
'
Judge of District Court
'
JUDGMENT
The above Order hereby constitutes the Judgment of this Court.
'
Dated: 1993. ROGER SAMES
COURT ADMINISTRATOR
(Court Seal)
By:
' Deputy
-10-
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Specinen
' Acer saccharum
Sugar Maple
Celtis occidentalis
Hackberry
Quercus alba
White Oak
;
Quercus bicolor
Bicolor Oak
Quercus macrocarpa
Bur Oak
Tilia americana
American Linden
'
Secondary Deciduous Trees
Acer platanoides 'Cleveland'
Cleveland Norway Maple
'
Acer platanoides 'Emerald Lustre'
Emerald Lustre Norway Maple
Acer platanoides 'Emerald Queen'
Emerald Queen Norway Maple
Acer platanoides ' Superform'
Superform Norway Maple
,
Acer rubrum
Red Maple
Acer rubrum 'Northwood'
Northwood Red Zapl a
Acer saccharinum 'Silver Queen'
Silver Queen Silver Maple.
Fraxinus americana
White Ash
'
Fraxinus pensylvanica 'Marshall's Seedless'
Marshall's Seedless Ash
Ginkgo biloba
Ginkgo
Gymnocladus dioicus
Kentucky Coffee Tree
'
Tilia cordata
Littleleaf Linden
Tilia cordata 'Greenspire'
Greenspire Linden
Tilia x euchlora 'Redmond'
Redmond Linden
Conifers
Abies balsanea
Balsam Fir.
'
Abies concolor
Concolor Fir
Picea abies
Norway Spruce
Picea glauca
White Spruce
Picea glauca densata
Black Hills Spruce
'
Picea pungens glauca
Colorado Blue Spruce
Pinus nigra
Austrian Pine
Pinus ponderosa
Ponderosa Pine
'
Pinus strobus
White Pine
Pinus sylvestris
Scots Pine
Pseudotsuga menziesii
Douglas Fir
Thuia occidentalis
Arborvitae
'
Thuja occidentalis - ' Techney'
Techney Arborvitae
SIT B
1. .
I
I I
FIRST AMENDMENT TO STIPULATION FOR ENTRY
OF JUDGMENT, ORDER FOR JUDGMENT AND JUDGMENT
BY AND BETWEEN LOWELL AND JANET CARLSON
AND THE CITY OF CHANHASSEN
THIS AGREEMENT made this day of i lt 4 {Kf 1994,
by and between the CITY OF CHANHASSEN, a Minnesota municipal
corporation ( "City "), and LOWELL CARLSON and JANET CARLSON,
husband and wife ("Owner').
R E C I T A L S
WHEREAS, the City and the Owner entered that certain
Stipulation for Entry of Judgment, Order for Judgment and
Judgment dated December 8, 1993; and
WHEREAS, the parties have mutually agreed to modify the
Stipulation regarding commencement and completion of construction
of the improvements set forth in the Stipulation; and
WHEREAS, the City has determined that it is in the best
interest of the City and its residents to so modify the
Stipulation in order to facilitate the improvement of the Subject
Property; and
WHEREAS, the parties desire to amicably resolve and settle
their differences and to avoid the cost of further litigation.
NOW THEREFORE, in consideration of the premises and the
mutual obligations of the parties hereto, the parties agree as
follows:
1. Kings Road Wood Fence Completion of the wood fence
which parallels Kings Road may wait until the building is
constructed on the Subject Property. The fence must be completed
within thirty (30) days after completion of the building. If
, k: 0
1 10697
August 15, 1994.
Owner fails to timely submit an application for a building permit
'
pursuant to Section 1e of the Stipulation, the fence must be
completed by May 20, 1994. If the building is not completed by
'
July 15, 1995, the fence must be completed by August 15, 1995,
to the west
'
and the fence must be continuous from the east point
point as shown on Exhibit A. The fence may have one or more
,
gates as long as continuous screening is achieved.
2. West Chain Link Fence The west chain link fence at the
'
south end in the low area as shown on Exhibit A, may be completed
after the dirt storage area within the outside storage area is
'
fully graded, but in any event, the fence must be completed by
August 15, 1994.
3. Storage Vans The storage vans on the Subject Property,
'
now used for storage of business equipment and parts, may remain
on the Subject Property until the building is completed. The
t
vans must be relocated to an area where they are fully screened
1
from neighbors and roads. The screening may either be from
natural characteristics of the property or by a fence. If Owner
'
does not apply for a building permit, or the building is not
completed in a timely manner, the vans must be completely removed
'
from the property at the time the wood fence is required to be
'
constructed under Section 1 herein.
4. East Wood Fence Owner will be allowed to convert the
,
east wood fence from wood to chain link at the southern end where
the property drops off as shown on Exhibit A, if wood is not
necessary to maintain adequate screening from neighbors or roads.
The northern portion of the east wood fence, in the area shown on
'
z4
10697 -2-
'
I
r
Exhibit A, may be replaced by a boulder, rock, or other grading,
if the alternate to the fence provides the same screening benefit
as a wood fence.
IN WITNESS. WHEREOF, the parties have caused this Agreement
to be executed on or as of the day first above written.
CITY OF CHANHASSEN
BY:
Donald J. Chmiel, Mayor
AND
Don Ashworth, City Manager
CAMPBELL, KNUTSON, SCOTT
& FUCHS P.A.
By:
�/
Elliott B. sch, #168130
Attorneys for
City of Chanhassen
1380 Corporate Center Curve
317 Eagandale Office Center
Eagan, MN 55121
(612) 452 -5000
OWNER
B Oy�
. L well Carlson
1 10697
Lowell and Janet Carlson
200 First Street East
Jordan, MN 55352
(612) 492 -6990