HomeMy WebLinkAbout1992-04-22 City Attorney Ltr to OPH Re Agreements LAW OFFICES OF C NAC lient N4
ECKBERG, LAMMERS, BRIGGS, WOLFF & VIEF2���`I
1835 NORTHWESTERN AVENUE JoS Nd.
STILLWATER. MINNESOTA 55082
LYLE J. ECKBERG (612) 439 -2878
JAMES F. LAMMERS FAX (612) 439 -2923
ROBERT G. BRIGGS
PAULA. WOLFF
MARK J. VIERLING
VICKI L Y G. G D R -ECEN y,- AP R 2 7 1992
GREGORY G. GALLER 1
KEVIN K. SHOEBERG
THOMAS J. WEIDNER April 22, 1992
Ms. LaVonne Wilson Mr. Scott Richards
City Clerk Northwest Associated Consultants
Oak Park Heights City Hall 4601 Excelsior Boulevard
14268 - 57th Street North Suite 410
Oak Park Heights, MN 55082 Minneapolis, MN 55416
Re: St. Croix Mall PUD
Dear LaVonne and Scott:
Enclosed herewith please find copies from our file as to the
various amendments and agreements affecting the St. Croix Mall PUD.
All are signed except for our copy of the 1987 Amendment which is
not signed; however, I presume a signed copy exists in the City
file.
It is the 1987 Amendment that has the provision prohibiting,
the storage of snow on site which came in issue at the April 13,
1992 City Council meeting. That information should perhaps be
forwarded on to Councilman Doerr who raised the question by way of
memo or otherwise.
I trust that you have each received a copy of our latest
proposed Amendment to the St. Croix Mall PUD affecting the Mall
theater expansion. That too would constitute the most recent
adjustment or amendment to the St. Croix Mall P
I also have within my file a multit a of m s and drawings
affecting the St. Croix Mall in its var "ous dev opmental stages.
if those would be of assistance to any ne.
Very t ly ours,
rk J. Vierling
MJV:sms
Enclosures
AMENDMENT TO ST. CROIX MALL PLANNED UNIT DEVELOPMENT
AGREEMENT DATED APRIL 18, 1979, AND ST. CROIX MALL
SURVEY FILED AS DOCUMENT NO. 388949 IN THE OFFICE OF
THE %_uwk..x RECORDER IN AND FOR WASHINGTON COUNTY, MINNESOTA
THIS AGREEMENT made this day of ,
1987, by and between the OAR PARR DEVELOPMENT CO., party of the
first part, hereinafter referred to as "Developer ", and the CITY
OF OAR PARR HEIGHTS, party of the second part, hereinafter
referred to as "the City ".
WITNESSETH:
WHEREAS, the parties hereto have previously entered into
a Planned Unit Development Agreement which is dated the 18th day
of April, 1979, and the developer has also filed a P.U.D. Survey,
which is on file with the County Recorder in and for Washington
County as Document No. 388949 and as Torrens No. 51835, and a
signage P.U.D. dated the 11th day of June, 1984; and
WHEREAS, the parties hereto are desirous of amending
said Agreement because of additional development and expansion of
said Mall.
NOW, THEREFORE, IT IS AGREED by and between the parties
hereto as follows, to -wit:
1. Survey. That the Developer shall prepare, at its
expense, an amended Planned Unit Development survey which must be
approved by the City and the proper agencies and filed in the
offices of the County Recorder and Registrar of Titles as an
amended Planned Unit Development survey. That the signage plan
amending the Planned Unit Development adopted on June 11, 1984,
is reaffirmed and made a part hereof by reference.
2. Parking and Vehicle Circulation. The parking stall
size shall be constructed according to the ordinances of the City
and shall provide fifty -six (56) foot standard wall -to -wall space
to provide sufficient area for better parking stalls and driveway
aisles. There shall be installed concrete islands in place of
striped "no parking" areas. All on -site parking must be of
bituminous surfacing in accordance with specifications determined
by the City Engineer.
3. Lighting Plan. The Developer shall submit to the
City the lighting plan for all parking areas, describing light
location and type of lighting fixture, which must be approved by
the City, the City Engineer and the City Planner.
4. Shared Parking and Access. The Developer and
tenants /owners of the parcels of land shall enter into an
agreement as to shared parking and access as to all current and
future owners. The agreement shall be approved by the City and
filed in the offices of the County Recorder and Registrar of
Titles in and for Washington County, Minnesota. The agreement
shall also provide that in the event the Developer fails to keep
said parking area in proper repair and maintenance, the City
shall have the right to enter upon the premises contained in this
Planned Unit Development and repair and maintain said parking lot
and assess the cost thereof against the owners of the real estate
as set forth in Minnesota Statutes Chapter 429. The
responsibilities for repair, maintenance and snow removal shall
be set forth in the agreement. The agreement shall also provide
that all snow must be removed from the site, and not stored
thereon.
2 -
The City shall have the right to enter upon the Mall
property, parking lots or lot to inspect the same at all
reasonable times. The City shall have the right to order the
Developer, or its successors, to make the necessary improvements
and repairs to said parking lot or lots.
5. Grading and Drainage Plan. The grading and drainage
plans must be approved by the City and the City Engineer. Said
plans must address the storm water drainage and erosion control
during and after construction.
6. Utilities. All utilities must be installed
underground including, but not limited to, telephone, electrical,
gas, water and sewer. Water service to each lot must provide
separate water connections with shut -off valve.
7. Landscaping. The Developer shall provide a
landscaping plan for the green areas within the development, and
the City may require security for the performance thereof.
THE FOREGOING shall be filed in the offices of the
County Recorder and the Registrar of Titles in and for Washington
County, Minnesota, and shall be binding upon all of the assigns
and successors of the parties hereto.
IN WITNESS WHEREOF, the parties hereto have set their
hands and seals this day of ,
1987.
3 -
OAK PARK DEVELOPMENT CO. CITY OF OAK PARK HEIGHTS
By By
Its Frank Sommerfeldt, Mayor
By By
.Its La Vonne Wilson
Administrator /Treasurer
(CORPORATE SEAL) (CORPORATE SEAL)
STATE OF MINNESOTA )
ss.
COUNTY OF WASHINGTON)
The foregoing instrument was acknowledged before me this
and day of 1987, by
the and
of Oak Park Development Co., a'
corporation under the laws 'of the State of Minnesota, on behalf
of the corporation.
Notary Public
(Notarial Seal)
STATE OF MINNESOTA )
ss.
COUNTY OF WASHINGTON)
The foregoing instrument was acknowledged before me this
day of , 1987, by Frank Sommerfeldt
and La Vonne Wilson, the Mayor and Administrator /Treasurer,
respectively, of the City of Oak Park Heights, a municipal
corporation under the laws of the State of Minnesota, on behalf
of the corporation.
Notary Public
(Notarial Seal)
4 -
AMENDMENT TO ST. CROIX MALL
PLANNED UNIT DEVELOPMENT AGREEMENT
AS IT RELATES TO EXTERIOR SIGNAGE
THIS AGREEMENT made this 11th day of June ,
1984, by and between the CITY OF OAK PARK HEIGHTS, Washington County,
Minnesota, a municipal corporation, party of the first part, herein-
after referred to as "City ", and OAK PARK DEVELOPMENT CO., INC., a
Minnesota corporation, party of the second part, hereinafter referred
to as "Developer ".
WITNESSETH:
WHEREAS, the parties hereto entered into a Planned Unit
Development Agreement, said Agreement being dated the 18th day of
April, 1979; and
WHEREAS, said Agreement provided for a complete revision
of the outdoor signs at the time modification or new signs were
proposed for any part of the St. Croix Mall.
NOW, THEREFORE, IT IS AGREED by and between the parties
hereto as follows, to -wit:
1. No new signage will be allowed until approval has
been received by both the City and the Developer.
2. Only tenants with exclusive exterior entrance will
be allowed signage on the exterior of the building. The number
of signs is limited to one per entrance. The location of signs
is limited to the wall(s) directly related to the use being identified.
3. The signs shall consist of individual raised letters
with a maximum of 4 feet in height. Sign area will be determined
by the length of the tenant's name spelled in four foot letters.
4. The plan attached hereto and marked Exhibit "A" and
made a part hereof by reference is the plan approved by both parties
hereto; however, Wards Automotive Center will be permitted a sign of
its own which is somewhat independent of the principal store,
including a separate entrance.
5. The following signs are not permitted, and shall be
brought into compliance with the City Code at once, to -wit:
UPPER MALL - North elevation
Hardware Hank - 2 temporary banners on
building facade
- 8 temporary window signs
for advertising
MGM Liquor Warehouse - 2 changeable wall signs
for advertising
Snyder Bros. Drug - 2 permanent window signs
Memory Bana_ue - 2 window signs used for
advertising
UPPER MALL - South elevation
St. Croix Shoe Service - 5 window signs
Ward's Automotive Center - 30- square foot wall sign
LOWER MALL - North elevation
Golden Crown - 1 portable advertising sign
on boulevard
- 1 window advertising sign
Video Merchants - windows used for advertising
6. The following signs are non - conforming, but shall be
permitted until such time as major repair to the sign is required or
there is a change of ownership, to -wit:
Ronald Jewelers - 1 60- square foot wall sian
Mall Theaters - 1 45- square foot wall sign
-2-
7. The Developer shall present an inventory in written
and graphic form of the signs that are existing or proposed by the
businesses.
IN WITNESS WHEREOF, the parties have hereunto set forth
their hands and seals the day and year first above written.
CITY - City of Oak Park Heights
By ` f' J Je�-, ' _,
Frank 50'mm' erfeldt, M or
Bo-.- cJ
to Vonne Wilson, City
Administrator
DEVELOPS - Oak Park Develo nt Co., Inc.
By
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ST. CROIX MALL PUD AG REEMENT
In accordance with an approved general plan of
development dated the 18th day of _T April ` , 19 79 ,
a copy of which is on file with the City Clerk of the City of
Oak Park Heights, the same being incorporated Herein by reference,
and also incorporated by reference herein is the St. Croix , "Tall
PUD ;jurvey filed as Abstract #308949 and Torrens #51835 in the
office of the County Recorder and Registrar of Titles in and for
Washington County, Minnesota, the City Council of the City of Oak
Park Heights Hereby grants approval of the Planned Unit Development
for said St. Croix :•Tall, subject, however, to the following terms
and conditions.
1. The fence located on the Southerly boundary line of
the St. Croix Hall property between the residential area and the Mall.
shall be maintained and repaired from time to time as may be required
to maintain said fence in a proper state of repair and maintenance.
The repair and maintenance of said fence shall be the sole responsibili
of the owners of the St. Croix Mall. The City Building Inspector for
the City of Oak Park Ileiglits shall be the final judge of the necessity
of repair and maintenance of said fence. In the event that the owners
of the Mall fail to repair said fence within thirty (30) days of notice
by the City Building Inspector, then and in that Event, the City of
Oak Park Heights may proceed to maintain said fence and assess the
cost thereof against the owners of the St. Croix Mall in accordance
with M.S. 429
2. Stona sewer installation for the north side of the
St. Croix Mall Planned Unit Development shall be constructed by the
City and assessed against the benefited property owners.
3. final lighting plans for the St. Croix Mall shall be
submitted for approval For the entire St. Croix Mall development to
the City Council at such time as the St. Croix Mall is ninety percent
(90`x) completed, and that said lightin<1 plan as approve(I by the City
at that time shall be installed and modified in accordance therewith
within sixty (60) days thereafter.
4. A complete revised plan for outdoor signs shall be
submitted to the City Council at the time any modification or nets
signs are proposed for any part of the St. Croix Mall. It is
specifically understood that the signing shall also contain a Ilan
for the businesses now located in said Mall.
5. The final plans and specifications for the retaining
wall and erosion control on the North side of the development shall
be submitted to the City Council and approved by the City Council
prior to the time any construction is commenced.
6. No construction shall be permitted within the St. Croix
Mall confines until all required flans lava been submitted to and
approved by the City of Oak Park heights.
7. All open areas of the, site are to be grasses or
maintained in a dust free condition.
IN WITWESS WHEREOF, the parties have hereunto set forth
their hands and seals this 16th day of Ju , 1980.
CI'r1 O OAK PARK IIEIGIITS
By Isl _Dona_1d Mo ndor
DonaldMondor, Mayor
BY___I§ LaVon Wils
LaVonne tlil�on, City Clerl
OAK PARK DEVELOPMENT CO., INC.
LY_ ___L_g Z Norris M. _Swager _
Its President
BY_. /sf Norvin Swa er
Its Secretary - Treasurer