Memorandum of Understanding - ExecutedMEMORANDUM OF UNDERSTANDING
MEMoRANDUM oF UNDERSTANDING made trri, AUh aay or N0UglEbe$ ,
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 recognizethe sale of products
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 10, 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 agreement. 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 historicallybeen 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 of agricultural 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 temporary 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 20-964 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.
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Gerhardt, Its City Manager
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Mark D. Halla