Stipulation for Entry of Judgement04/15/97 14:26
$612 j " 9845 CAMELL UUrTSON
STATE OF MINNESOTA
COUNTY OF CARVER.
City of Chanhassen,
Plaintiff,
vs.
Halla Nursery, Inc., a
Minnesota corporatIOA,
D&fendant.
DISTRICT C01TRT
FIRST ITMICIAL T)TSTRICT
CASE TYRE: Mother Civil
Court File No. C8-94-851
STEFULATION FOP, IENTRY
OF .TEJDG TENT
STI''r ZTLAT110N, matte this 10th day of February. 1997. by, between, and arno g fhe
MY OF CHAIN SEN, a Minnesota municipal corporation ("City "), and HALLA
NTWERY, INC,, a Miuuesota wrporation, ("Tenant").
WHEREAS, 'Tenant leases the following descn'bed property ("Subject Property")
located at 10,000 Great Plains Boulevard in the City of Chanhassen, Carver County, Stale of
Minnesota conMstiag of approximately 12 ages now devoted to retail nursery, garden center,
and contractor's yard and legally described as follows, to -wit:
Lot 10, Block T, Halla Great Plains Addition, according to the
recorded plat thereof, Carver County, Minnesota.
The Subject Property is zoned A-2, Agricultural Fstatc 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
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was obtained. Tenant has since used the Garden Center for retail We 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
C'UBC") requirements for a B-2 occupancy.
WHEREAS, on June 1, 1994, the City initiated a civil lawsuit against Tenant seeping
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.
Wil, i RE AS, Tenant has obtained a Building Permit and las complied with the March
20, 1995 better of Understanding and completed all requirements for a B-2 occupancy for
the Carden Cerner, 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.
Wf3EREAS, 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 Iong term land use of the
Subject Property.
x..��,wA', till' City i5 d�sij'olls of exercising its zoning and police powersjvr 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:
34955.12 ChanhaasenlHatta Nurtery, Inc.
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APPA.OVAL. Except as otherwise provided herein, the Subject Property shall
be subject to the requirements of the City's Zoning Ordinance, as may be amended from
time to 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", umless the Use is approved in advance by the City Council.
A.
Office, Garage, Sales Building
R.
B,
Garden Centex
L.
C.
Existing Grftn Houses
M.
D.
Shade House
N.
L.
Future Green Houses
0.
P.
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
DispJay of Plant Materials, or
Temporary Storage of Supplies on
Pallets or Wheels, excluding
trailers longer than 16 feet
Permitted Signage
Directional or Safety Signage
(TI - TI$)
Fuftm Pergola
Landscape 'Yard
Pond Easement Area.
These designated buildings and uses may continue in compliance with this Stipulation unless
such buildings or uses have become a public nuisance as determined by a court of competent
jurisdiction.
2. :. PLAN APPROVAL. The City hereby approves the Site Plan dated January
27, 1997, prepared by Tenant and attached hereto as Exhibit "A". The use of the Subject
Property shall be in accordance with Exhibit "AF' and Exhibit "B" , If the Site Plan varies
from the written terms of this Stipulation, the written terms shall control.
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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 - refined. 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 "13n.
C. Allowed Detail Sales. The general public may enter and use the Garden
Centef, Greenhomes, Shade Muse, Office atxk the auWox areas shown as K, 0,'Q and R
for the purpose of viewing, selecting and purchasing .permitted Products. All cash register
che-Okout activity must take place inside the Garden Center.
D. Expansion of Retail Sales. The buildings and outdoor areas where retail sales
are permitted may not be expanded or relocated on the Subject Property, W.xbibit "A",
without the prior written approval of the City.
E_ Expansion of List of permitted Products. The list of Permitted Products
may not be expar4O wlthmt the prior written consent of the City. The list of Permitted
Products may not be expanded without the prior written consent of lite City, to !Delude
power tools which are not halal held, fhrm implc=nts, motor vohic;va, o ko y ploy's or snow
plow blades, or recreational vehicles or non -handheld equipment of any kind,
P. Inspection. The City may inspect those portions of the Subject Property and
buildings which are open to the general public, without advance notice to the Tenant, during
the business hours when those portions of the Subject Property and the buildings are open to
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the general pub ic. The City agrees to conduct the inspections in a reasonable' manner, and
without any undue disruption to Tenant's use of the Subjeot Property.
4. NURSERY.
A. Nursery Mock and Nursery Equipment - Defined. 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 ihn fed as C. D, E, I~, H,1, 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
activities are pem�itted may not be expanded or relomted on the Subject Property, Exhibit
"A" without the prior written approval of the City Council.
5. LANDSCAPE YARD.
A. Defined. Landscape Yard means an area or use of land where vehicles,
equipment and materials commonly uses by nurseries and landscaping contractors are stored
va ��a r ttictx.
B. 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
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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. Expansion of Landscape Yard. The buildings and outdoor areas where
Landscape Yard ac:tividu are permitted may not be expanded or reloeated without the prior
written approval of the City Council,
6. SIGNAGE.
A. Permitted Signage. The following sighs are allowed:
i. Existing sign on the roof of the Carden Center -
2_ Existing sign at the entrance to the Subject Property Brom Highway
101, or an updated pylon sign of the sante height and square footage,
3. One off premises directional sign may be placed in the southeast
quadrant of the Wersec:tion of Highway 101 and pioneer on Lot 2,
Block 1, Halla Great Plains Addition. The sign content shall be as
approved by City Staff is the sign perm9t. The sign may nol exceed
eight ($) feet in height and seventy-two (72) square feet in si7.e per sign
face. The sign may have two sides back-to-back or "V" shaped_ The
sign shall not be lit. Before erecting the sign, a sign permit must be
obtained from the City. The sign must be removed when the lot on
which it is located is sold.
4. Plant identification signs not to exceed two (2) square feet each.
B. Direetional/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.
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C. Prohibited Signage. All signs ve strictly prohibited, except as expressly
allowed pursuant to paragraphs 6,A. and 6B of this Stipulation, or pursuant to a sign peemit
issued by the City.
7. PARKING.
A. Affnimum Number of Stalls, The areas itlentiiied as P on the Site PIan are at
least the minimum, required parldng stalls, which shall not tic devoted to any other use.
B. Handicapped Parking and Fire Lancs. 'fhe handicapped parking stalls and
fire lanes as shown on the'Site Plan mist be designated and marked as required by State law
and City ordinances.
8. FENCE/SCREENI€ G/I3Eft C.
A. Future Fence. Tenant will obtain a fence permit from the City prior to
insialling the future fence as shown on the Site Plan.
B. 1lastWlation Date. The future fence, screening or terming 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 neccssa<y dvo to weather or ground conditions. The screening must meet the requiremems
of City Code Section 20-1180, with the exception that required screening may be located on
�cigin St property gyifih the w --n COnS2tlt of fhe pwner of the a£IjaCent pr^pert,,,.
r^ r-
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, 1997.
The public address system or other sound amplification devices shall be operated so that it
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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 RZGMENT AND .T MGMFT►f. Upon
execution of this Stipulation, the parties agree to submit the Order, attachedd hereto as Exhibit
"C", to the Court. file parties hereby stipulate to entry of said Order by cx-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/ANUENDBENTS. The action or inaction of the City shall not
constitute a waiver or amendment to the provisions of this Stipulation. To be binding,
amendments or waivers shall be in writing, signed by the parties and approved by written
resolution of the City Council. The City's failure to promptly tale legal action to eztforce
this Stipulation shall not tie 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 Hand delivered w the TeI1dDt, its tl}iitlagPr, or tl]'d1i8lu t0the TC13&'iu by IL'giS'►a6.m iI2r3ii
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,
31955.72 ChanhasEen/flatta Nursery, Inc.
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or mailed to the City by registered mail in care of the City Manager at tlxc following address:
Chanhassen City Hall, 6901 Coulter Drive, Box 147, Chanhassen, MIDI 55317.
15. SUCCI�.SSORS AND ASSIGNS. This Stipulation shall be binding upon the
parties, their successors and assigns, azul subsequent purchasers of the Subject Property.
16. AMMIC:TION. The District Court shall reserve and retain jurisdiction to
enforce this Stipulatioift and issue additional orders as it deems just and proper.
17. EQUAL PROTECTION. The City oviil not enforce any provision of law
against Tenant unless it is enforced on all A-2 users in accordance with the equal pft.)tection
doctrine.
18, PUBLIC NT'EREST. This Stipulation shall be liberally construed to protect
the public's interest.
19. ENFORCEi1MNT. The prevailing party in any actioa or proceeding in cuurt
to enforce or interpret the terms of this Stipulation shall be entitled to receive its reasonable
attorneys' fees and other reasonable costs and expenses from the non -prevailing party,
C1Clt'V OV C:DANHASSEN
D
Don Asbworth, `Ci - ManagerlClerk
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STATE OF MINNESOTA )
SS.
COUNTY OF CARVER. )
The fojegoing instrument was acknowledged before me this day of
1997, by Nancy K. Mancino and by Don Ashworth, the Mayor and
City ManagedClerk 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 Pu lic
KAREN I EWELHAR 3T
CAI213ELL. KNUTSON, SCOTT NOTARY PLISW- WNNE:SOTA
t3AMR COUN Y
& FUCHS, P.A. �+hhr�on�i�nE ,tan �l,�po
By:
Elliott B. Kn ch, #163130
Attorneys for Plaintiff
317 Eagnndale Office Center
1380 Corporate Center Curve
Eagan, MN 55121
(612) 452-5044
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TENANT:
HALLA NUMERY, INC.
STATE OF h NNESOTA )
) ss.
COUNTY OF D4 K OTA )
The foregoing instrument was acknowledged before me this I day of
6,Z 61 , 1997, by Do ,V �_ , �#'-
*x e ,4 and
the P46�; r ocu 7-' and
V ic,6: RWM /40e/%/:F7 of Halla Nursery, Inc., a Minnesota corporation, on behalf of
Wd corporat%on.
=
_
N
otary Public if) I
ROBERT J. BRUNO
Natay pd* - Mintesm
BY: 1�!coumis Ar W"7jf/'��2t rnv!!!✓ A
Mr. Robert I- BrLmo, #12415
Attorney for Defendant
107 Burnsville Professional Plaza
1601 East Highway 13
Burnsville, MN 55337
ivii) 890 PLO 7x
Campbell, Knutson, Scott & Fuchs, P.A.
1380'Corporate Center Curve, Suite #317
Eagan, Minnesota 55121
Telephone: (612) 452-5000
H -SK L A�r
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FEE OVMR CONSENT
TO
STIPULATION FOR ENTRY 0F .TUDG ENT
DONALD E. HALLA and SAN)DRA J. OWAYNA HALLA, husband and wife, fee
owners of the Subject Property more particularly descn'bed in the foregoing Stipulation, do
hereby join in, affirm, and consent to the provisions tbereof and agree to be bound by the
previsions as the same may apply to that portion of the Subject Property owned by them.
Date �
STATE OF 1dI[NNF.SOTA j
� V3•
COUNTY OF 1�4K47'1 a
LNUE
A& -O' -V-' /J�/x /Ie�/
DONALD E. HALLA a/k/a. iM E_ Halla
SANDRA ,i, CWkYNA
The foregoing went was acknowledged before me this - � day of
E: eP L*P- , 1997, by DONALD E., HALLA. aad-8 11 - ,
husband and wife. AND SANDRA J. Ck'AYNA HALLA
NGT Y
'UBLIC L C for Sandra J.
4 ✓ Cwaayna Halla
ANN M. WALDSCHMT t
WNOTARY PU8LIC - M1NNWA
. HIENNEPIN COUNTY
C9tr►m. ! Jen. 81, zU00
■
NOTARY PVBLIC for Donald E. Halla
.s Dakkola GCl><nf Qt8
Alfy cojnmlSlbn FJ,pir/r1
31155.12 Chanhassen/Halla Nursery, Inc.
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EITTEs - PEXNP.TTED PRODUCTS
PROI)VCTS FOR rflF. INST'AUATION, SALES, CARE,
FEATURES '-�. rE �A ACL, ?k
NM
OPQNAN LMNTATION OF PLANTS, LA'WN'S, A�'iX4LS AND OTHER LANDSCAI3I
FFRTILImu �
PATIO PRODUCTS "2
IMRBICII) S i
ORNAMENTAL ITE14S '
FUNGICIDES 1
'WATER PRODUCTS
BIRD SUPPLMS 1
BULK SOILS'
BIRD FEEDER
BAGeRX7 MULCHES '
BIRD HOUSRS 1.4
BULK MULCHES z
BIRD BATHS 1,2-1
BAGGED SOIL'-'
WEED BSP FABRIC AND PINS'-'
SITE FuRNTTURE 1.2
POWER AND STD TOOLS'
CONSULTATIONS','-'
SERDS }
GAUGES '
SPREADER '
T)VM 1
WATERING EQUIP3,ONT 1,Z
POLY'
iNPURMATIONAL TF T'
CLOTH AND NETTING'
PONDS "3,4
PLA14T SUI'T'OR-9''�
STATUARY 1,2,314
FOUNTAINS ""'
FBNCINCx',a
FISH AND WATER PLANS
TRELLISES'-'-'-"
STRAW/MARSH RAY �
GAzzBOS 1-1.1
. LABELS
LTGI-II'I 1Cx i3
BM DS 1,Z
CHRIS'TM.AE TREES & a CCESSO S'.z,4
LANDSCAPE DESIGNS �3
BlTiBS '_
LABOR 2.3
CLOT G.
MAINTENANCE z'a
PESTICIDES
SNOW PLOWING :,3
Ci 'SEa 1°7'4
INSTALLATIONS
POTTERY 1,2,d
CONSTRUCTION �
A3AL REPELLEN'T'S '
RECONSTRUCTION 7-3SOD
2
WOOD TIES'
DELWERY',"'
TOOL AND EQUIPMENT pzNTAI,, 1,Z3
BOZTLDERS 2
SOIL AMENDNfEN'TS',"
SAND
TREE, ST-MUR & PLANT N ATEP3AL 1,2,9A
EDGING'S
fNSUPLANCFJDAI' AGE p-VALtTATIONS 1,3
STRUCT-LRES 1,z
GIFT CER7r7JCA'TES 1.3
OUTDOOR LIVING ACCESSORIES
GAME/FARM ANIMALS & SUPPLIES JAA
PLAYGROM EQ MENT 1,2
RF_T.AJNTWG WALL PRODUCT'S 7
DRAIN TILE & ACCESSORMS 1-2
TvIISCELLANE0US ITEMS, PLANTS OR MATBRIALS FOR THE AESTHETIC, PRAC-
TICAL, IM7ROVENlENT, OR TJ0 OF INDOOR AND OUTDOOR LIVING SPACES 1,M,4
-------------_----- —--- ..,r.------ ...........
1 Izidoor sales from the Garden Center
i Outdoor sales
3 Indoor sales frorn the Office
Sales from the Green -houses identified as Buildings C & E on Exhibit A.
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