Halla Stipulation Agmt Documents LtrCITYOT CIIAI{IIASSII{
Chanhasen is a Community for Life - Providing forToday and Planning forTomonow
November 16,2018
Mark Halla
The Mustard Seed
10000 Great Plains Boulevard
Chaska, MN 55318
Dear Mr. Halla:
This letter is to formally notifu you that on November 13, 2018, the City Council adopted the
following motion:
"The Chanhassen City Council approves the resolution authorizing an additional use and additional
retail sales for Halla Nursery, Inc."
I have included a copy of the resolution for your records. I have also attached the Memorandum
of Understanding that we had previously discussed. Please sign and return the Memorandum of
Understanding to the City at your earliest convenience.
If you have any questions, please call me at (952) 227-1132 or e-mail me at
mwalters@ci. chanhassen.mn.us
Sincerely,
?naJr-U,y,*, *n&u/
MacKenzie Walters
Assistant Planner
Enclosures
g:\planV018 planning cases\halla stipulation agreernent\approval letter_stipulation agreement.doc
PH 952.227.1100 . www.ci.chanhassen. mn. us . tx952.227 .ltto
77OO MARKET BOULEVARD . PO BOX 747 . CHANHASSEN . MINNESOTA 55317
CERTIFICATION
STATE OF MTNNESOTA )
couNrY oF cARvER ]
tt
I, Kim T. Meuwissen, duly appointed and acting Deputy clerk for the city of
Chanhassen, Minnesota, do hereby certify that I have rornpur.d the foregoing copy ofResolution No. 2018-54 "Authorizing an Additional Use and Additionalneiait Sales forHalla Nursery, Inc." adopted by the Chanhassen City Council on November 13, 201g withthe original copy now on file in my office and have found the same to be a true and correctcopy thereof.
witness my hand and official seal at chanhassen, Minnesota, this 13ft day
of November,20l8.
CITY OF CHANIIASSEN
CARVER COLTNTY, MTNNESOTA
DATE: November 13.2018 RESOLUTION NO: 2018-54
MOTION BY: SECONDED BY: Campion
RESOLUTION AUTIIORIZING AN ADDITIONAL USE AND ADDITIONAL
RETAIL SALES FOR HALLA NURSERY, INC.
WHEREAS, the City of Chanhassen and Halla Nursery, Inc. ("Halla") entered into a
Stipulation for Entry of Judgment dated February,10,1997 ("Stipulation") concerning the
property located at 10000 Great Plains Boulevard in the City of Chanhassen, Carver County,
State of Minnesota ("Subject Property''); and
WIIEREAS, pursuant to the Stipulation, Halla has requested the right to expand the uses
and permitted sales on the Subject Property.
NOW, THEREFORE, BE IT RESOL\{ED by the City Council of the City of
Chanhassen:
1. Pursuant to Paragraph 1 of the Stipulation, the following additional use is allowed on
the Subject Property:
i. Temporary outdoor events, subject to the requirement of Sec. 20-964 of the City Code and
the receipt of a temporary outdoor event permit from the City.
ii. Seasonal sales, subject to the requirement of Sec. 20-964 of the City Code and the receipt
of a seasonal sales permit from the City.
2. Pursuant to Paragraph 3E of the Stipulation, the list of permitted products listed on
Exhibit "B" of the Stipulation that may be sold on the Subject Property is amended to add the
following products at the locations specified:
Clothing and Accessories (1,2,4)
Pre-packaged Snacks and Non-Alcoholic
Beverages (1,2,4\
Incidental FoodA.{on-Alcoholic Beverages (1, 2, 4)
Handicrafts 0.2.4)
Personal Care Products (1.2.4)
Gifts and Decorations (I,2,4)
1) Indoor sales from the Garden Center
2) Outdoor Sales
3) Indoor sales from the Office
4) Sales from the Greenhouses identified as Buildings C&E on Exhibit A of
the Stipulation
Passed and adopted by the Chanhassen City Council this 13m day of November, 2018.
YES
Laufenburger
McDonald
Ryan
Campion
NO ABSENT
Tjomhom
2
MEMORANDUM OF TINDERSTANDING
MEMORANDUM OF IINDERSTANDING made this _ day of
2018, between the CITY OF CHANHASSEN, a Minnesota municipal corporation (the "City'')
and MARK D. HALLA ("Halla") to set forth the parties' understanding concerning City Council
Resolution 2018-54.
1. The City's intent in adopting resolution 2018-54 is to recognizethesale ofproducts
that may have been historically available for purchase on the subject property, but where not
included in Exhibit B to the Stipulation for Entry of Judgment made February I0, 1997
("Stipulation"). It is also the intent to provide the subject property with a mechanism for hosting
promotional events and seasonal produce sales that were not provided for in the stipulation
agreement. It is not the City's intention to allow for the expansion of retail activity beyond what
has historically been present and is provided for in the stipulation agreernent. The parties agree:
a. The intent of the Agricultural Estate *A-2' District is the preservation of
rural character while respecting development patterns by allowing single-
family residential development,
b. The subject property has historically been and is currently devoted to retail
nursery, garden center, and contractor's yard.
c. Retail activities on the property are limited to those customarily associated
with the above uses.
d. The City's temporary outdoor event permit provides a mechanism that can
facilitate events designed to promote the business and enhance the customer
experience.
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The City's seasonal sale permit provides a mechanism that can facilitate the
sale ofagricultural products and produce that is not produced on the subject
property or provided for in Exhibit B of the Stipulation.
The city will waive the ternporary outdoor event and seasonal sales permit
fees.
The city will issue a single annual permit for temporary outdoor events
provided that:
(1) The proposed event(s) meet the requirements of Sec 20-964 of the
City Code;
(2) Sufficient information about the event(s) is provided to meet the
application requirements of Sec 20-9G4 of the City Code.
The city will issue a single annual permit for seasonal sales provided that:
(1) The proposed event(s) meet the requirements of Sec 20-964 of the
City Code;
(2) sufficient information about the event(s) is provided to meet the
application requirements of Sec 20-964 of the chanhassen city
Code.
i. A temporary outdoor event or seasonal sales permit is required to use the
outdoor area identified as R for anything other than the storage, growing,
and outdoor display of plant materials, or supplies on pallets or wheels.
2. This Memorandum of Understanding does not change the 1997 stipulation
agreement that governs the subject property but adds clarity regarding our mutual intentions.
f.
h.
199702v1
2
CITY OF C
BY:
BY:
Gerhardt, Its City Manager
Mark D. Halla
199702v1