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HomeMy WebLinkAboutUntitled (4) LAW OFFICES OF Ecicherg, Lammers, Briggs, Wolff & Vierling, P.L.L.P. 1835 Northwestern Avenue Lyle J. Eckberg Stillwater, Minnesota 55082 David K. Snyder James F. Lammers (612) 439-2878 Urosh Piletioh* Robert G. Briggs*t► FAX (612) 439-2923 Paul A. Wolff Mark J. Vierling* Gregory G. Gallery Direct Dial No. : (612) 351-2118 (1944-1996) *Qualified Neutral Arbitrator&Mediator Thomas J. Weidner* � Susan D. Olson March 24, 1998 Qualified Neutral Arbitrator *Certified Real Estate Specialist [E OWE Mr. Thomas Melena MAR 2 5 199$ City Administrator City of Oak Park Heights 14168 - 57th Street North P.O. Box 2007 Oak Park Heights, Minnesota 55082 Re: Valley View Estates Walkway Easements Dear Tom: I am enclosing herewith and r- ur 'ng to you Joe Anderlik' s correspondence dated March 13 , 998 . nd the drawing he provided to you. Yours ery t • y, Ma k J. Vierling MJV/sdb Enclosure • Bonestroo,Rosene,Anderlik and Associates,Inc.isflimative Action/Equal Opportunity Emplc ver Bonestroo Principals::Otto G.Bonestroo,PE.•Joseph C.And •Marvin L.Sorvala,RE.• Richard E.Turner,P...• Glenn R.Cook,P.E.•Robert G.Schunicht,RE.• Jerry A.Bourdon,PE.• RoseneRobert W.Rosene,P.E.and Susan M.Eberlin,C.P.A.,Senior Consultants Associate Principals:Howard A.Sanford,RE.• Keith A.Gordon,P.E.• Robert R.Pfefferle,P.E.• Anderlik & Richard W.Foster,RE.• David O.Loskota,PE.•Robert C.Russek,A.I.A.• Mark A.Hanson,P.E.• Michael T.Rautmann,RE.• Ted K.Field,P.E.• Kenneth R Anderson,RE.• Mark R.Rolls,P.E.• Associates Sidney P Williamson,PE.,L.S.• Robert F.Kotsmith Offices:St.Raul,Rochester,Willmar and St.Cloud,MN•Milwaukee,WI Engineers &Architects March 13, 1998 IE OWE Mr. Thomas Melena, Administrator v City of Oak Park HeightsMAR 17 1998 14168—57th Street North P.O. Box 2007 Oak Park Heights, MN 55082-2007 Re: Osgood Pathway Easement Our File No. 55 Dear Tom: Enclosed please find a drawing showing the existing contours and proposed grading required to install an eight-foot wide pathway along the east side of Osgood Avenue from 56th Street to Upper 56th Street. The pathway is shown in yellow and would be five feet from the back of existing curb. A twenty-foot wide easement would be required on the Krongard lot, which is Lot 1, Block 1, Valley View Estates 2"d, to accommodate the filling which will be required as shown on the drawing. However, only a five-foot wide easement is required for the pathway itself if it is located five foot off of the back of curb. Mr. Krongard has previously objected to providing a 20-foot wide easement along this lot. Therefore, it is suggested that Mr. Krongard be required to grade the area adjacent to Osgood Avenue as shown and provide a five-foot wide permanent easement for the pathway. It should be noted that the pathway location proposed allows the existing power poles to remain in place but eventually a telephone pedestal would have to be relocated. The grading activity will require the removal or relocation of the five evergreen trees planted adjacent to the Krongard lot as well as other trees and vegetation within the grading limits shown on the plan. If you have any questions on this matter, please do not hesitate to call me at 604-4833. Very truly yours, BONESTROnO, ROSENE, ANDERLIK&ASSOCIATES, INC. • C.. Q44,pai Josep C. Anderlik JCA:gs • 2335 West Highway 36 • St. Paul, MN 55113 • 612-636-4600 • Fax: 612-636-1311 i '9 `_ • N I `\ _-_________ %\ 0 / / k---- / J ti's i ai ' \\I ` •......i......... ... •, •ii • .m.m..m•.mm.im.m..m.ii.•.imiImmm•ii..: / I 1, // 1 /0 1 / • I —s-• �-��— 11 / 'lb' ` I S 1 11 1 Nty \ t7buG�Sk7d SI \ 8 I Z v \ \ • s \ I LI ecC \ I- 968 --- _ 1 CI 6g I L ' It 2 1 1 k.5. \ . -i _ 8 � 8 � \ 1L 1. 988,., 1 1 1 1 tr:.1141 � , I " \ 4 . \ t ; 11/� / / -G 1 / / / eit co / 3 :Ili 1,,/ ,co ,/ _w 1 1 ... / - A N''. :::\ / / // 1.`� ti III I� , III / / � � t III Lar // /// �jr( III / / I III 4 _j = - 11= N /i6N No_,\ 1 --1- ` N \\I//_______:/_ _l � -t I I • LAW OFFICES OF S Eckberg. Lammers. Briggs. Wolff & Vierling. P.L.L.P. 1835 Northwestern Avenue Lyle J. EA6erg Stillwater. Minnesota 55082 D Jamesl . Lammers Susan D. Olson F. (612) 439-2878 David K. Snyder RoLert G. Briggs** J. Vierling* FAX (612) 439-2923 Lrosk Pt(etich* Gregory G. Ga(ler. Direct Dial No. : (612) 351-2118 Pdul A. Wolff Thomas J. Weidner* 0044-1996) *Q°alit ed Neutral .arbitrator& Mediator January 12, 1998 *Qualified Neutral Arbitrator *Certified Real Estate Specialist Mr. Jack Krongard Fir Krongard Construction Company (I) 14791 - 60th Street North Stillwater, Minnesota 55082 Re : Valley View Addition/Valley View Estates II Dear Jack: I talked to you last September with regard to bike/walkway easement along Osgood Avenue affecting these two subdivisions. At that time, you advised me that you would have Mr. Kurth prepare the necessary descriptions so that the 20 foot wide easement could be conveyed to the City. The same would obviously not have any, impact on the developability of the affected properties . I have not heard anything from Randy or .you since that time . We need to get these matters cleared up and I would appreciate if you could get those descriptions in here as soon as possible . If you have any questions or if there are concerns with regard to this matter, please contact me directly. Yours very truly, Mark J. Vierling MJV/sdb Enclosure cc : . Judy Holst • D JAN 1 3 1998 row,: • E. , 7,7), AUG3 11998 VALLEY VIEW CONDOMINIUMS NORTH ASSO• 1 • % DONNA S. GRAY 14812 58TH STREET NORTH #3D OAK PARK HEIGHTS MN 55082-6396 TEL: 651-430-0822 August 28, 1998 Thomas M. Melena Administrator City of Oak Park Heights 14168 North 57th Street Oak Park Heights MN 55082-2007 Dear Mr. Melena: • We are currently working with Jim Butler to resolve some issues between the City of Oak Park Heights,Jack Krongard and our Association. Jim Butler has been very helpful in resolving some of these issues with Jack Krongard. There are a few that remain unresolved that are of great concern to the homeowners of Valley View Condominiums North Association. We are asking the City's assistance to resolve these issues in a timely fashion. The first issue is the drainage problem coming from the Assembly of God Church into our development. The Church is located immediately to the West of our development. Jim Butler indicated he was going to meet with the City Engineer to look into this matter. He also indicated that the Church has limited funds to make any changes in the current situation. We would like to see a copy of the grading plan that the City of Oak Park Heights approved per the Developer's Agreement with Jack Krongard. All the water from the Church parking lot flows down a spillway into our private street and therefore we often have standing water. The only drains on our property are located just north of the entrance and these drain into holding ponds, which are maintained by our association. • • � } According to Jim Butler in his letter dated August 19, 1998 to Jack Krongard the water that comes down from the grass area to the North of the church should be corrected to prevent water filling the cores of the blocks on Units 3D and 4D. Should this occur, damages to the foundation and slab are very possible and would be a costly repair. The address for these units is 14812 58th Street North. If our current drainage system doesn't meet the grading plan as approved by the City we expect the City will work with Jack Krongard, at either Jack Krongard or the City's expense,to make the necessary repairs. The second issue is the retaining wall located between our property and the Church. When Jack Krongard built the wall there was a gap on the North side of the spillway. This gap caused erosion of the embankment and a constant flow of rocks, sand and debris into our street. This created additional maintenance to the Association to return the rocks to the embankment after each heavy rainfall. This problem was brought up to Jack Krongard last January 1998, following turnover of the board to the homeowners. At that time,he actually inspected the problem and agreed to pay for V2 the cost of additional blocks to extend the wall up the North side of the spillway. He would not agree to pay any labor to install the blocks. Because of the problems the Association hired Northwestern Masonry to complete the wall at a cost of$835.00. The cost of the blocks was $219.65 bringing the total cost to the homeowners of our Association to $1,127.65, of which Jack Krongard reimbursed$146.32. We requested Jim Butler to do research into the Landscaping Plan approved by the City for this development. Jim Butler indicated that Jack Krongard proposed a four-foot retainingwall but that there was no g p Po record of the City's acceptance of this plan. The current wall as it stands today is not four feet high. Jim Butler agreed to address the height concerns with Jack Krongard but that still leaves our homeowners bearing the expense to alleviate the erosion problem on the North Side of the spillway. We expect full reimbursement from the City or Jack Krongard for this expense. There are numerous other repairs that need to be addressed by Jack Krongard—far too many to list. These items are things that were never completed upon homeowner possession of the property. We are attaching copies of two memos written to Krongard addressing some of these repairs. One is dated February 24, 1998 and the other August 12, 1998. Our Association funds are for maintenance only and not to correct problems that have arisen from negligence on the part of the City or the builder. We are looking to the City of Oak Park Heights to resolve these issues between it and Jack Krongard. We trust that you will take care of these issues in a timely fashion. i • If you need further information or would like to discuss these issues please contact Linda Carufel at 430-5914. Linda is now Chairman of the committee to resolve these issues. She was the first homeowner in the development and has been involved with the Association from the beginning. We trust you,Jim Butler, and the City of Oak Park Heights will stand firm on the position stated in Jim Butler's letter of July 30, 1998 to Jack Krongard and not issue permits of any kind or do inspections requested for the 8-unit complex presently under construction until issues are resolved to the satisfaction of all parties concerned. Sincerely yours, James R. Meyer,President Valley View Condominiums North Association Donna S. Gray, Treasurer Valley View Condominiums North Association Attachments 2: Memo to Jack Krongard dated February 24, 1998 Memo to Jack Krongard dated August 12, 1998 Cc: MayetiodCouncit Jim Butler,Building Official Jay Johnson,Public Works Director Scott Richards,City Planner Joe Anderlik, City Engineer Mark Vierling, City Attorney Melanie Mesko Linda Carufel • s LAW OFFICES OF Eckberg, Lammers. Briggs. Wolff ( Vierling. P.L.L.P. 1835 Northwestern Avenue Lyle J. Eokberg - Stillwater. Minnesota 55082 David K. Snyder James F. Lammers (612) 439-2878 Urosh Piletioh* Robert G. Briggs* FAX (612) 439-2923 Paul A. Wolff Mark J. Vierlis; (� 2(� �.7 I (1944-199(1) Gregory G. Cial VC L/ cC Disl No. : (6121 351-2118 *Qual:fued Neutral Arbitrator&Mediator Thomas J. Weid% 441.61;1%0d Neetrel Ar6itrator Susan D. Olson APR 13 1998 April 9, 1998 *Gertifie.'Real Estate Speoielisl' Registrar of Titles Washington County Government Center 14900 - 61st Street North C O py Stillwater, Minnesota 55082 Re : Valley View Estates and Valley View Estates 3rd Addition Dear Sir or -Madame: Enclosed herewith please find two Public Walkway and Bike Path Easements and Agreements . Also enclosed please find Owner' s Duplicate Certificate of Title No. 47840 regarding Outlots A & B, Valley View Estates and Owner' s Duplicate Certificate of Title No. 49546 regarding Lot 1, Block 1, Valley View Estates 3rd Addition. Please memorialize each easement on the appropriate certificate of title, and upon completion of this transaction, return the ODC' s to the undersigned. Also enclosed are this firm' s checks in total the amount of $39. 00 for the recording fees. If you have any questions regarding this matter, please do not hesitate to contact me. Yours very truly, Mark J. Vierling MJV/sdb Enclosure cc : Thomas Melena (w/o enc) • • . LAW OFFICES OF Eekberg. Lammers. Briggs. Wolff & Vierling. P.L.L.P. 1835 Northwestern Avenue Lyle J. EolC6erg Stillwater. Minnesota 55082 David K. Snyder James F. Lammers (612) 439-2878 - Urosli Piletiok* Robert G. Briggs* FAX (612) 439-2923 Paul A. Wo111 Mark J. Vierling* (1944-1996) Gregory G. Gallere Direct Dial No. : (612) 351-2118 ,tQ.a1�G.J N..t►J Arbar.ter&M.J60.r 'Roses J. Weidner* eQ.al:f:.J Neutral AA:tr.ter $esas D. Olson March 27, 1998 .C.rtif:.J R.aI Estea.S,..:.l:.t MAR30 Mr. Jack Krongard CGOMC 0 P Krongard Construction Company 14791 - 60th Street North Stillwater, Minnesota 55082 Re: Valley View Addition/Valley View Estates II Dear Jack: Following up on the meeting that you have had with Tom Melena and upon receipt of the survey materials we have received from Mr. Kurth, I have prepared and am forwarding to you a public walkway and bike path easement for each of the affected lots. I am asking that you sign both where indicated and return same to the City of Oak Park Heights along with the Owner' s Duplicate Certificates of Title for Lot 1, Block 1, Valley View Estates 3rd Addition and Outlot B, Valley View Estates. Thereupon, the City will undertake to secure the - recording of the documents and return of the Owner' s Duplicates to you as soon as the recording process has been completed. If you have any questions with regard to same, please feel free to contact me directly. Yours very truly, Mark J. Vierling MJV/sdb Enclosure cc : Thomas Melena, City Administrator o !Y PUBLIC WALKWAY AND BIKE PATH EASEMENT AND AGREEMENT THIS INDENTURE, made this day of 1998, by and between ST. CROIX LAND COMPANY, INC. , a corporation under the laws of the State of Minnesota, party of the first part; and the CITY OF OAK PARK HEIGHTS, Washington County, Minnesota, party of the second part. WITNESSETH: WHEREAS, the above-named party of the first part is the owners in fee simple of the real estate hereinafter described. That for and in consideration of the sum of One and 00/100 Dollars ($1 . 00) and other good and valuable consideration, the receipt of which is hereby acknowledged, the party of the first part has this day bargained and sold, and by these presents does bargain, sell and transfer unto the City of Oak Park Heights, its successors and assigns the following: A perpetual easement for public walkway, bike path, and pedestrian crossing purposes with the right to enter upon the real estate hereinafter described at any time that it may see fit, and construct, maintain, repair and replace any lines, equipment, materials, or other items for public roadway and public walkway, for the purpose of maintaining, repairing or replacing the said public roadway and public walkway over, across, through and under the lands hereinafter described, together with the right to excavate and refill ditches and/or trenches for the location of said public roadway and walkway, and the further right to remove • • trees, bushes, undergrowth, and other obstructions interfering in the location, construction and maintenance of said public roadway and walkway. That said perpetual public walkway easement located in the County of Washington, State of Minnesota, is described as follows, to-wit : A perpetual easement for roadway and walkway purposes in favor of the City of Oak Park Heights, over that part of Outlot B, VALLEY VIEW ESTATES, lying westerly of a straight line drawn 20 feet easterly of and parallel with the most westerly line of said Outlot B. TO HAVE AND TO HOLD, said perpetual easement and right- of-way unto the City of Oak Park Heights, Washington County, Minnesota, its successors and assigns, forever. The party of the first part does hereby covenant with the City of Oak Park Heights, that it is lawfully seized and possessed of the real estate above described. It is understood and agreed that the party of the second part will restore said lands to as good or better a condition as it was prior to the time of any excavation for public walkway or any other purpose, and that party of the second part will restore any fencing that it is necessary to remove or becomes damaged during the process of any excavation. It is further understood and agreed that the party of the second part will forthwith re-sod all areas, where necessary, on said lands from which it is necessary to remove or damage the sod thereon, during the process of any excavation. 2 S • It is further understood that the party of the second part will replace all driveways and sidewalks which it is necessary to remove or damage during the process of any excavation. IN WITNESS WHEREOF, the said parties have caused this instrument to be executed the day and year first above written. IN PRESENCE OF: PARTY OF THE FIRST PART: ST. CROIX LAND COMPANY, INC. By: By: STATE OF MINNESOTA ) ss . COUNTY OF WASHINGTON) On this day of 1998, before me, a Notary Public, within and for said County and State, personally appeared and to me personally known, who, being each by me duly sworn did say that they are respectively the and the of St. Croix Land Company, Inc. , a Minnesota corporation, named in the foregoing instrument, and that said instrument was signed on behalf of St. Croix Land Company, Inc. , by authority of its Board of Directors and said and acknowledged said instrument to be the free act and deed of said corporation. Notary Public 3 111 • IN PRESENCE OF: PARTY OF THE SECOND PART: CITY OF OAK PARK HEIGHTS By: Its Mayor By: Its Administrator STATE OF MINNESOTA ) ss. COUNTY OF WASHINGTON) On this day of , 1998, before me, a Notary Public, in and for said County and State, appeared David Schaaf and Thomas Melena, to me personally known, who being by me first duly sworn, did say that they are respectively the Mayor and Administrator of the City of Oak Park Heights, by authority of the City Council of the City of Oak Park Heights, and said Mayor and Administrator acknowledge said instrument to be the free act and deed of said City of Oak Park Heights . Notary Public THIS INSTRUMENT DRAFTED BY: Mark J. Vierling ECKBERG, LAMMERS, BRIGGS, WOLFF & VIERLING, P.L.L.P. 1835 Northwestern Avenue Stillwater, MN 55082 (612) 439-2878 0 PY PUBLIC WALKWAY AND BIKE PATH EASEMENT AND AGREEMENT THIS INDENTURE, made this day of 1998, by and between ST. CROIX LAND COMPANY, INC. , a corporation under the laws of the State of Minnesota, party of the first part; and the CITY OF OAK PARK HEIGHTS, Washington County, Minnesota, party of the second part. WITNESSETH: WHEREAS, the above-named party of the first part is the owners in fee simple of the real estate hereinafter described. That for and in consideration of the sum of One and 00/100 Dollars ($1.00) and other good and valuable consideration, the receipt of which is hereby acknowledged, the party of the first part has this day bargained and sold, and by these presents does bargain, sell and transfer unto the City of Oak Park Heights, its successors and assigns the following: A perpetual easement for public walkway, bike path, and pedestrian crossing purposes with the right to enter upon the real estate hereinafter described at any time that it may see fit, and construct, maintain, repair and replace any lines, equipment, materials, or other items for public roadway and public walkway, for the purpose of maintaining, repairing or replacing the said public roadway and public walkway over, across, through and under the lands hereinafter described, together with the right to excavate and refill ditches and/or trenches for the location of said public roadway and walkway, and the further right to remove • • trees, bushes, undergrowth, and other obstructions interfering in the location, construction and maintenance of said public roadway and walkway. That said perpetual public walkway easement located in the County of Washington, State of Minnesota, is described as follows, to-wit: A perpetual easement for roadway and walkway purposes in favor of the City of Oak Park Heights, over that part of Lot 1, Block 1, VALLEY VIEW ESTATES 3RD ADDITION, lying westerly of a straight line drawn 20 feet easterly of and parallel with the most westerly line of said Lot 1. TO HAVE AND TO HOLD, said perpetual easement and right- of-way unto the City of Oak Park Heights, Washington County, Minnesota, its successors and assigns, forever. The party of the first part does hereby covenant with the City of Oak Park Heights, that it is lawfully seized and possessed of the real estate above described. It is understood and agreed that the party of the second part will restore said lands to as good or better a condition as it was prior to the time of any excavation for public walkway or any other purpose, and that party of the second part will restore any fencing that it is necessary to remove or becomes damaged during the process of any excavation. It is further understood and agreed that the party of the second part will forthwith re-sod all areas, where necessary, on said lands from which it is necessary to remove or damage the sod thereon, during the process of any excavation. 2 S • It is further understood that the party of the second part will replace all driveways and sidewalks which it is necessary to remove or damage during the process of any excavation. IN WITNESS WHEREOF, the said parties have caused this instrument to be executed the day and year first above written. • IN PRESENCE OF: PARTY OF THE FIRST PART: ST. CROIX LAND COMPANY, INC. By: By: STATE OF MINNESOTA ss . COUNTY OF WASHINGTON) On this day of , 1998, before me, a Notary Public, within and for said County and State, personally appeared and to me personally known, who, being each by me duly sworn did say that they are respectively the and the of St . Croix Land Company, Inc. , a Minnesota corporation, named in the foregoing instrument, and that said instrument was signed on behalf of St . Croix Land Company, Inc. , by authority of its Board of Directors and said and acknowledged said instrument to be the free act and deed of said corporation. Notary Public 3 410 110 IN PRESENCE OF: PARTY OF THE SECOND PART: CITY OF OAK PARK HEIGHTS By: Its Mayor By: Its Administrator STATE OF MINNESOTA ) ss . COUNTY OF WASHINGTON) On this day of , 1998, before me, a Notary Public, in and for said County and State, appeared David Schaaf and Thomas Melena, to me personally known, who being by me first duly sworn, did say that they are respectively the Mayor and Administrator of the City of Oak Park Heights, by authority of the City Council of the City of Oak Park Heights, and said Mayor and Administrator acknowledge said instrument to be the free act and deed of said City of Oak Park Heights . Notary Public THIS INSTRUMENT DRAFTED BY: Mark J. Vierling ECKBERG, LAMMERS, BRIGGS, WOLFF & VIERLING, P.L.L.P. 1835 Northwestern Avenue Stillwater, MN 55082 (612) 439-2878 • LAW OFFICES OF Eckberg. Lammers, Briggs, Wolff & Vierling, P.L.L.P. 1835 Northwestern Avenue Lyle J. Eckberg Stillwater, Minnesota 55082 David K. Snyder James F. Lammers (612) 439-2878 Urosh Piletich* Robert G. Briggs** FAX (612) 439-2923 Paul A. Wolff Mark J. Vierling* (1944-1996)Gregory G. Galled Direct Dial No. : (612) 351-2118 *Qualified Neutral Arbitrator&Mediator Thomas J. Weidner* *Qualified Neutral Arbitrator Susan D. Olson March 4, 1998 *Certified Real Estate Specialist Mr. Thomas Melena City Administrator City of Oak Park Heights 14168 —57th Street North P.O. Box 2007 Oak Park Heights, Minnesota 55082 Re : Krongard Construction Company - Valley View Addition and Valley View Estates II Dear Tom: As per my conversation with you, I am providing you with a checklist of issues that need to be resolved dealing with Mr. Krongard. To my knowledge, those issues are as follows : 1 . Public Works . The Public Works Department has received a number of complaints from property owners in the development as it affects the billing for water services . Certainly check with Roger on the issue, but it is my understanding that members of the homeowners association feel that they are being • billed for water services, particularly as it affects outdoor, automatic sprinkling systems that are on other properties . This is largely an issue between the developer and the individual property owners, but, of course, it is the City staff that is receiving the complaints . 2 . Engineering Issues . There is a drainage structure located upon the property that needed to be raised or altered as a result of the developer regrading in the area to address storm water drainage problems . The developer' s position is that the drainage structure was originally in place before he got there and he does not feel he should have to be responsible for the reconstruction or raising of that structure . Engineering' s position is that the nature of the regrading that took place out Mr. Thomas Melena March 4, 1998 Page 2 there by the developer is what necessitated the adjustment which is required to be made to the drainage structure and they feel it is his responsibility to make the adjustment . The drainage structure, I understand, will cost approximately $2, 500 . 00 to make the appropriate adjustment . Copy of the original Development Agreement (unsigned) is provided. You will note that on Page 5, Subparagraph K. , developer is required to dedicate and survey all drainage, storm water, and holding ponds as required by the City and is also responsible for storm sewer cleaning and holding pond dredging, etc. You will also note that on Page 1 under Plan A Improvements, Subparagaph A. , the developer is responsible for site grading subject to the approval of the City Engineer. My understanding is that the position of the engineers is that the particular problems in place on the property are primarily the result of the grading done by the developer and, hence, the dispute that exists . 3 . Easements . There are two sets of easements required of Mr. Krongard. One was an access easement to get into Valley View Park that has already been secured. The other remaining set of easements that we were to obtain from him dealt with bikeway/pathway easements 20 feet in length going along Osgood Avenue. Mr. Krongard was to provide the legal descriptions and the easements as he is still under ownership of the lots that are immediately impacted on the property. I am enclosing a copy of a letter that I sent to Mr. Krongard dated January 12 following up on a conversation that I had with him again in September of 1997 following up on these very easements . Mr. Krongard has consistently told me that he was having Mr. Randy Kurth, the surveyor, prepare these easements and that they would be provided to me. Of course, it has been several months and we have yet to see same. Judy advises me that she has received a bill from Mr. Kurth for the surveying services, which I do not object to the City picking up as I assume it is relatively small and the easements are for our benefit; however, we have not seen the legal descriptions nor have we been provided with the easements by Mr . Krongard. Given the length of time that has transpired, we would, of course, have to re-check the status of title to make sure that S • Mr. Thomas Melena March 4 , 1998 Page 3 Mr. Krongard is still in position to be able to convey these easements. My sense is that these easements have been caught up in the dispute between Mr. Krongard and engineering as it affects the drainage structure and are being held hostage at this point in time. 4 . Finance. Judy has advised me previously that she either has some bills owing from Mr. Krongard on this or other projects and/or may have funds which need to be returned to him. This, of course, needs to be wrapped up at the same time as the other issues are concluded. Within the City' s file you should be able to find signed copies of the two Development Agreements, one for Valley View Addition, the second for Valley View Estates, and also the planning reports that deal with this matter. Engineering reports should also be in the file, although you may wish to check with Joe Anderlik directly with regard to the dis• - ed drainage structure. If I can be of further assistance in th' ma er, please feel free to contact me directly. Your% ve truly, /J. Vi MJV/sdb Enclosure cc: Scott Richards (via fax) Joe Anderlik (via fax) S LAW OFFICES OF Eckberg, Lammers, Briggs. Wolff & Vierling, P.L.L.P. 1835 Northwestern Avenue Lyle J. Ect(zberg Stillwater, Minnesota 55082 David K. Snyder James F. Lammers (612) 439-2878 Urosh Piletioli* Robert G. Briggs*.. FAX (612) 439-2923 Paul A. Wolff Mark J. Vierling* Gregory G. Galler• Direct Dial No. : (612) 351-2118 ) *Qualified Neutral Arbitrator 1f4Mediator 4-199 Thomas J. Weidner* *Qualified Neutral Arbitrator Susan D. Olson January 12, 1998 *Certified Real Estate Specialist Mr. Jack Krongard Krongard Construction Company 14791 - 60th Street North Stillwater, Minnesota 55082 Re : Valley View Addition/Valley View Estates II Dear Jack: I talked to you last September with regard to bike/walkway easement along Osgood Avenue affecting these two subdivisions . At that time, you advised me that you would have Mr. Kurth prepare the necessary descriptions so that the 20 foot wide easement could be conveyed to the City. The same would obviously not have any impact on the developability of the affected properties . I have not heard anything from Randy or you since that time . We need to get these matters cleared up and I would appreciate if you could get those descriptions in here as soon as possible . If you have any questions or if there are concerns with regard to this matter, please contact me directly. Yours very truly, Mark J. Vierling MJV/sdb Enclosure cc: Judy Holst s �r CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY, MINNESOTA DEVELOPER' S AGREEMENT THIS AGREEMENT, made and entered into this day of , 1995, by and between the City of Oak Park Heights, a municipal corporation under the laws of the State of Minnesota (the "City" ) , and St . Croix Land Company, Inc . (the "Developer" ) . WITNESSETH; That : WHEREAS, the Developer has made application to the City Council for approval of a plat of land within the corporate limits of the City described as follows : • See Attached Exhibit A. (the "Subdivision" ) ; and, WHEREAS, the City Council has on , 1995, granted preliminary approval to the Subdivision, on the condition that the Developer enter into this Agreement stipulating the conditions for the installation of street, water, sewer and other public improvements as well as the development of on-site improvements hereinafter described, all in accordance with the terms and conditions hereinafter set forth. NOW, THEREFORE, in consideration of the premises and of the mutual promises and conditions hereinafter contained, it is hereby agreed as follows : Designation of Improvements : Improvements to be installed at Developer' s expense by the Developer as hereinafter provided are hereinafter referred to as "Plan A Improvements" . Improvements to be installed by the City and paid for by Developer are hereinafter referred to as "Plan B Improvements" . 1 . PLAN A IMPROVEMENTS: The Developer will construct at Developer' s expense the following improvements under Plan A according to the following terms and conditions : A. The Developer shall do all site grading, common greenway and open spaces, storm water storage ponds, surface drainage ways and all private driveways including sodding of boulevards, all in accordance with the approved grading, drainage and site plan. A grading plan with maximum two (2) foot contours, house pad elevations, drainage provisions, erosion control provisions and cross sections, as necessary, shall be submitted to and approved by the City prior to commencement of any ! i site grading. Any changes to the grading plan during construction shall be submitted to the City for approval . Individual building sites including private driveways are to be customed graded to preserve the maximum number of trees on each site . Unless waived by the Building Inspector, each building site must have an individual grading plan separately approved by the Building Inspector of the City of Oak Park Heights prior to a building permit being issued. B. The Developer shall control soil erosion ensuring: 1 . All development shall conform to the natural limitations presented by the topography and soil of the subdivision in order to create the best potential for preventing soil erosion. The Developer shall submit an erosion control plan, detailing all erosion control measures to be implemented during construction, said plan shall be approved by the City prior to the commencement of site grading or construction. 2 . Erosion and siltation control measures shall be coordinated with the different stages of development . Appropriate control measures as required by the City Engineer shall be installed prior to development and as may be necessary to control erosion. 3 . Land shall be developed in increments of workable size such that adequate erosion and siltation controls can be provided as construction progresses . The smallest practical area of land shall be exposed at any one period of time . 4 . Where the topsoil is removed, sufficient arable soil shall be set aside for respreading over the developed area. The topsoil shall be restored to a depth of at least four (4) inches and shall be of a quality at least equal to the soil quality prior to development . 5 . On all residential properties, the Developer or his designee shall provide finished grading with a topcoat of black dirt and sod in the front and side yards. The back or rear yards of all residential properties shall be sodded or seeded at the developer' s option. No certificate of occupancy or final inspection approval shall be granted by the Building • • Inspections Department of the City of Oak Park Heights until compliance of this provision has been met with this requirement . C. The Developer shall place iron monuments at all lot and block corners and at all other angle points on boundary lines . Iron monuments shall be placed after all street and lawn grading has been completed in order to preserve the lot markers for future property owners . D. The Developer shall be responsible for maintaining the location of and protecting curb stops, water services and sewer services . Any service or curb stop damaged shall be repaired or replaced as specified by the City. The Developer shall make all necessary adjustments to the curb stops to bring them flush with the topsoil (after grading) or driveway surface . • E. The Developer shall be required to provide landscaping and screening as determined by the City and as required by the ordinances of the City. In all instances one boulevard tree should be planted by Developer per dwelling unit . In no instance shall the Developer plant more than 50 percent of the same type of tree. A detailed landscape plan shall be submitted to and require the approval by the City prior to commencement of final platting and landscaping construction. F. The Developer shall install all street name signs at all intersections and provide other traffic control signs within the subdivision as determined to be necessary by the City. Temporary street name signs shall be installed by the Developer prior to issuance of the first building permit . The temporary sign shall be constructed of durable materials to be approved by the Building Official. G. The Developer shall remove all diseased trees before building permits will be issued as to any individual lot . As it affects the removal of dead trees and vegetation on any individual lot, the same shall be addressed within the individual grading plan to be submitted to the Building Inspector of the City of Oak Park Heights at each time that a building permit is sought with regard to the construction of a single family residence as to any individual lot . The Building Inspector shall determine in conjunction with the City Forester, the need to remove dead vegetation upon 3 411 any individual lot as part of the custom grading to be implemented on each lot relating to the construction of any residential dwelling thereon. H. The Developer shall be responsible for street maintenance, including curbs, boulevards, sod and street sweeping until the project is complete . All streets shall be maintained free of debris and soil until the subdivision is completed. Warning signs shall be placed when hazards develop in streets to prevent the public from traveling on same and directing attention to detours . If and when the street becomes impassible, such streets shall be barricaded and closed. In the event residences are occupied prior to completing streets, the Developer shall maintain a smooth driving surface and adequate drainage on all temporary streets . The Developer shall be responsible for the removal of snow from all gravel streets . The repair of any damage done to the streets or public utilities shall be the financial responsibility of the Developer. I . The Developer shall furnish street lights in accordance with the City' s residential street lighting policy. General Requirements : 1 . Residential street lighting shall be owned, installed, operated and maintained by the • electric utility company (NSP) . City and utility company shall enter into a contractual agreement on the rate and maintenance of the street lighting system. 2 . It shall be the responsibility of the Developer to: a. Reimburse the City for the first two (2) years of operating cost of the street lighting system. b. Pay the electric utility company any cost incurred in the installation of the street lighting units not covered in the electric utility company rate for this service. This payment shall be required to be guaranteed as part of the Plan A security. c . The two year payment schedule (policy) 4 • • shall be put into effect upon installation of each lighting unit . d. All these costs shall be guaranteed by part of the Plan A security. J. The Developer shall, in all new subdivisions, dedicate a reasonable portion of each proposed subdivision as the City Council reasonably determines to the public for public uses as parks, playgrounds, public open space, trails, or other conditions as required by the City. Developer shall dedicate pedestrian/bike trail easement areas to the City of Oak Park Heights as specified on the plat and approved by the Oak Park Heights Park Commission this dedication is credited against the total park dedication requirement . The Developer for the balance of the plat for of Valley View Estates II shall pay to the City of Oak Park Heights the sum of $12 , 580 . 00 on execution of this Agreement . K. The Developer er shall dedicate and survey all drainage storm water and hold ponds as required by the City. The Developer shall be responsible for storm sewer cleaning and holding pond dredging, as required, by the City prior to completion of the development . L. The Developer shall be required to depict possible future bus routes and surrounding land uses including parks and all scheduled improvements on all display materials and brochures given to prospective buyers . M. The Developer shall be responsible for securing all necessary approvals and permits from all appropriate federal, state, regional and local jurisdictions prior to the commencement of site grading or construction and prior to the City awarding construction contracts for public utilities. • N. Drainage and utility easements . 10 foot drainage and utility easements shall be provided along all lot lines . O. Wetland Designation. All areas classified as wetlands shall be displayed upon the plat and those so specified by the City Engineer be dedicated to the public for that purpose . 5 411 2 . DESCRIPTION OF IMPROVEMENT ESTIMATED COST 1 . Boulevard and swale sod $ 5, 700 . 00 2 . Boulevard trees 5, 600 . 00 3 . Street signs 850 . 00 4 . Street lights 2, 880 . 00 5 . Erosion Control 3, 600 . 00 6 . Pond Protection & Restoration 1, 000 . 00 7 . Utility protection and repair 6, 680 . 00 6 . Street protection and repair 8, 790 . 00 TOTAL ESTIMATED CONSTRUCTION COST 35, 100. 00 OF PLAN A IMPROVEMENTS: $ ESTIMATED ENGINEERING, LEGAL AND ADMINISTRATIVE (20%) : $ 7, 000 . 00 TOTAL ESTIMATED CONSTRUCTION COST 42, 100 . 00 OF PLAN A IMPROVEMENTS : $ SECURITY REQUIREMENT (25%) $ 10 , 500 . 00 TOTAL PLAN A ESCROW $ 52, 600 . 00 3 . CONSTRUCTION OF PLAN A IMPROVEMENTS. A. Construction. The construction, installation, materials and equipment shall be in accordance with the plans and specifications approved by the City. B. Inspection. All of the work shall be under and subject to the inspection and approval of the City and, where appropriate, any other governmental agency having jurisdiction. C. Easements . The Developer shall dedicate to the City, prior to approval of the final plat, at no cost to the City, all permanent or temporary easements necessary for the construction and installation of the Plan A and AllPlan such Improvements ements as determined by the City. required by the City shall be in writing, and in recordable form, containing such terms and conditions as the City shall determine. 6 D. Faithful Performance of Construction Contracts . The Developer will fully and faithfully comply with all terms and conditions of any and all contracts entered into by the Developer for the installation and construction of all Plan A Improvements and hereby guarantees the workmanship and materials for a period of one year following the City' s final acceptance of the Plan A Improvements . Concurrently with the execution hereof by the Developer, the Developer will furnish to, and at all times hereinafter maintain with the City, a cash deposit, certified check, or an Irrevocable Letter of Credit, based on one hundred and twenty- five percent (125%) of the total estimated cost of Plan A Improvements as indicated in Section 2 . An Irrevocable Letter of Credit shall be for the exclusive use and benefit of the City of Oak Park Heights and shall state thereon that the same is issued to guarantee and assure performance by the Developer of all the terms and conditions of this Development Agreement and construction of all required improvements in accordance with the ordinances and specifications of the City. The City reserves the right to draw, in whole or in part, on any portion of the Irrevocable Letter of Credit for the purpose of guaranteeing the terms and conditions of this Agreement . The Irrevocable Letter of Credit shall be renewed orreplaced i by not later than thirty (30) days prior r s expiration. E. Reduction of Escrow Guarantee . The Developer may request reduction of the Letter of Credit or cash deposit based on prepayment or the value of the completed improvements at the time of the requested reduction. The amount of reduction will be determined by the City and such recommendation will be submitted to the City Council for action. Following any payment for a Plan A improvement which is within the Engineer' s estimate, the City may consider and allow a reduction of the Letter of Credit up to the rate of $1 . 25 for every dollar that has been paid out of the escrow/Letter of Credit provided that the project is on schedule, the Developer is not in default under the terms of the Development Agreement and/or no extraordinary expenses beyond the engineering estimate have been incurred during the course of the project . 4 . PLAN B IMPROVEMENTS. The following improvements will be installed by the City at the Developer' s expense according to the following terms and conditions : 7 411 • 1 . DESCRIPTION OF IMPROVEMENT ESTIMATED COST A. Sanitary sewer $ 23 , 950 . 00 B. Water main 21, 010 . 00 C. House Services 26, 730 . 00 D. Storm sewer 61, 850 . 00 E. Base preparation 59, 290 . 00 F. Curb and gutter 18, 860 . 00 G. Surfacing streets 47, 500 . 00 TOTAL ESTIMATED CONSTRUCTION COST OF PLAN B IMPROVEMENTS: $259, 190 . 00 ESTIMATED ENGINEERING, LEGAL AND ADMINISTRATIVE (200) : $ 50, 810 . 00 TOTAL ESTIMATED CONSTRUCTION COST OF PLAN B IMPROVEMENTS: $310, 000 . 00 SECURITY REQUIREMENT (25%) $ 77, 500 . 00 TOTAL PLAN B ESCROW $387, 500 .00 2 . That prior to the City ordering the installation and awarding the contracts as it relates to the Plan B improvements and the costs therefor, the Developer shall deposit with the City of Oak Park Heights, the total estimated cost of the Plan B improvements plus a 25% security requirement related thereto for a total of $387, 500 . 00 . The City shall pay from said deposit all expenses related to the construction of the Plan B improvements providing for the construction of same as follows : A. Construction. After the preparation of preliminary plans and estimates by the City, the City Council shall take bids on the projects and thereafter award the contract pursuant to law for the installation of the Plan B improvements under the City' s supervision. B. Escrow. No work shall be commenced under this 8 • Agreement until the Developer shall have filed with the City a cash deposit, certified check or Letter of Credit (in a form to be approved by the City Attorney) in the amount equal to the total estimated cost of the Plan B improvements plus a security requirement of 25% in the total amount of $387, 500 . 00 . The City shall have the right to apply against the Letter of Credit all bills incurred by the City with regard to the Plan B improvements, however, the City shall provide the Developer the opportunity to pay for said improvements as bills are incurred, in cash, rather than applying payments as against the Letter of Credit provided to the City, if a Letter of Credit is used in lieu of a cash escrow by the Developer. In such case, the Developer shall have 10 business days from the time of submission of the bill by the City to the Developer to pay to the City such amount in cash so that the City can use the payment to pay the amount due in lieu of drawing down on the Letter of Credit or other escrow on file • with the City of Oak Park Heights. C. The Developer shall be provided with a copy of the plans and specifications as prepared by the office of the City Engineer for the Plan B improvements and shall be allowed the opportunity to comment on same prior to final release of the bid specifications by the office of the City Engineer for purposes of receiving bid on the improvements. The Developer shall also be notified of the bid opening date and provided the opportunity to comment on the bids received prior to the award of the bid on the Plan B improvements. The Developer may recommend rejection of al bids and the rebidding of the project or any portion thereof; however, such recommendation is not binding on the City of Oak Park Heights and the City may award the contract based upon the bids received if it, in its absolute discretion, determines that the bids so received are reasonable . The Developer shall also be provided the opportunity to request that the City Engineer consider including certain contractors that the Developer might suggest to be added to the proposed bidder' s list . Final determination of the proposed bidder' s list shall rest in 9 I 410 the discretion of the City Engineer. D. All such improvements as constructed shall become the property of the City of Oak Park Heights. The Developer shall dedicate to the City prior to approval of the final plat at no cost to the City all permanent and temporary easements necessary for the construction of such improvements as determined by the City. E. Contracts . All such construction contracts as awarded by the City of Oak Park Heights to construct the Plan B improvements shall provide for a guarantee of the workmanship and materials for a period of one year following the completion of construction of the Plan B improvements . All such contracts shall also conform to the ordinances and specifications of the City in the construction of all Plan B improvements . F. Reduction of Cash Deposit/Letter of Credit . The City shall be allowed to draw upon the cash deposit/Letter of Credit/escrow for the payment of any and all construction contracts awarded as it relates to the Plan B improvements, or any portion or increment thereof, upon certification by the City Engineer of completion of construction of the Plan B improvements, or any portion or increment thereof . Upon final completion of the Plan B improvements and certification of same by the City Engineer, any remaining funds on hand, provided as security to secure the construction of the Plan B improvements, shall be refunded to the Developer. G. Chancre Orders . No change order increasing the contract expense shall be authorized by the City without first notifying Developer of the change . H. Estimates . The above estimates are engineering projections only. Developer shall be responsible for all actual expenses incurred in the securing and installing of all Plan B improvements . I . Connection Charges. All connection charges and fees shall be paid by Developer on a per lot basis at the time that building permits are obtained for each dwelling or principal 10 S 411 structure to be constructed. The City Engineer shall compute the connection fee as prescribed by ordinance/resolution as to this development and advise the City Administrator as to the appropriate fee to be collected. As it affects this "Development" , the engineer has calculated the total sanitary, water works and storm sewer connection charges to be in the amount of $1, 485 .44 per townhome unit . $2 , 785 . 73 per single family unit and $2 , 151 . 35 per twin home unit . 5 . CASH ESCROW ACCOUNT. The Developer shall provide a cash escrow account to the City of Oak Park Heights in the amount of $ to reimburse the City of Oak Park Heights for previous expenses relating to this development . Developer shall also al and be responsible for future engineering, legal administrative costs incurred by the City in the process of supervising the implementat the on pubhis this development agreement relating to improvements and other provisions effecting the subject property. The Developer will be billed periodically by the City for such expenses and pay same within 10 days of presentation. Any disputes • over billings presented to the Developer shall be resolved by the City Council who shall act as the final authority to determine the reasonableness of such charges . 6 . GENERAL: A. Binding Effect . The terms and provisions hereof shall be binding upon and inure to the benefit of the heirs, representatives, successors and assigns of the parties hereto and shall be binding upon all future owners of all or any part of the Subdivision and shall be deemed covenants running with the land. References herein to Developer, if there be more than one, shall mean each and all of them. The Agreement, at the option of the City, shall be placed on record so as to give notice hereof to subsequent purchasers and encumbrances of all or any part of the Subdivision and all recording fees, if any, shall be paid by the Developer. B. Final Plat Approval . The City agrees to give final approval to the plat of the Subdivision upon execution and delivery of this Agreement and of all required documents and security, 11 • . subject to compliance with the Ordinances of the City and terms and provisions hereof, permits may be issued by the City. C. Incorporation of Reference . All plans, special provisions, proposals, specifications and contracts for the improvements furnished and let pursuant to this Agreement shall be and hereby are made a part of this Agreement by reference as fully as if set out herein in full . City Planner File No. 798 . 02 - 94 . 05 and Engineering File No. 55120 are hereby incorporated herein by reference. D. The City of Oak Park Heights shall file the Developer' s Agreement or a permit issued pursuant thereto in the office of the County Recorder. Providing that the Developer is not in default under the terms of the Development Agreement, the City shall provide appropriate releases to the financial aspects of same and documentation to individual buyers of lots . E. As to any and all administrative, legal or engineering costs which the Developer is expected to pay to the City of Oak Park Heights, which costs are to be offset against the cash escrows or Letters of Credit which the Developer has filed and provided to the City of Oak Park Heights, the Developer shall be given the opportunity to review and comment on such costs prior to the application by the City of Oak Park Heights to the escrow for the payment of same . Notwithstanding the above, the City of Oak Park Heights shall be the final authority in determining the fairness • and reasonableness of all such costs incurred; and the decision by the City Council for the City of Oak Park Heights on any such dispute shall be binding. F. Establishment of Construction Schedules. The City Engineer shall establish construction schedules for Plan A and Plan B improvements and shall consult with Developer prior to establishing same. G. Zoning. All future use and development shall comply with the applicable provisions of the relevant zoning ordinance of the City of Oak Park Heights relating thereto. 12 111 • H. Signage . Should Developer or his heirs and/or assigns desire any signage affecting this development it must be submitted by detail sign plan to the City of Oak Park Heights and approved prior to being implemented on the site . I . Street Grades . The grades of all streets shall not exceed 8% and the minimum grade shall not be less than . 5% . this IN WITNESS WHEREOF, City on the Developer teles na year first caused above Agreement to be duly executed written. In the presence of : CITY OF OAK PARK HEIGHTS By Barbara H. O'Neal Mayor Michael J. Robertson Administrator In the presence of : ST. CROIX LAND COMPANY, INC. By Its By Its STATE OF MINNESOTA ) ss . COUNTY OF WASHINGTON) On this day of , 1995, before me a Notary Public, within and for said County personally appeared Barbara H. O'Neal and•Michael J. Robertson, to me personally known, being each by me duly sworn did say that they are respectively the Mayor and the Administrator ofn he City of the foregoingak Park instrument Heights, hand that municipal ec sealorporation named 13 • 111 affixed to said instrument is the corporate seal of said corporation, and that said instrument was signed and sealed on behalf of said municipal corporation by authority of ' its City Council and said Mayor and Administrator acknowledged said instrument to be the free act and deed of said municipal corporation. Notary Public STATE OF MINNESOTA ) . ss . COUNTY OF WASHINGTON) On this day of , 1995, before me a Notary Public, within and for said County personally appeared and , to me personally known, being each by me duly sworn did say that they are respectively the and of the corporation named in the foregoing instrument; and that the seal affixed to said instrument is the corporate seal of said corporation, and that said instrument was signed and sealed on behalf of said municipal corporation by authority of its Board of Directors and said and acknowledged said instrument to be the free act and deed of said municipal corporation. Notary Public THIS INSTRUMENT WAS DRAFTED BY: Mark J. Vierling Eckberg, Lammers, Briggs, Wolff & Vierling, P.L.L.P. 1835 Northwestern Avenue Stillwater, MN 55082 (612) 439-2878 oph\devagree\valleyII\March 3, 1998 14 S 411 LAW OFFICES OF Eckberg, Lammers, Eriggs, Wolff & Vierling, P.L.L.P. 1835 Northwestern Avenue Lyle J. Eckberg Stillwater. Minnesota 55082 David K. Snyder James F. Lammers (612) 439-2878 Urosh Piletich* Robert G. Briggs** FAX (612) 439-2923 Mark J. Vierling* Paul A. Wolff Gregory G. Gaiter* (1944-1096) Thomas J. Weidner,rCOVER SHEET - FACSIMILE TRANSMISSIOFQuali.ied Neutral Arbitrator&Mediator Susan D. Olson *Qualified Neutral Arbitrator *Certified Real Estate Specialist DATE: March 4 , 1998 Please deliver the following page (s) to : FAX NO: 439-0574 NAME: Tom Melena, Oak Park Heights City Administrator FROM: Mark J. Vierling / Sandy TOTAL NUMBER OF PAGES 19 , INCLUDING COVER SHEET. The pages comprising this facsimile transmission contain confidential information from Eckberg, Lammers, Briggs , Wolff & Vierling. This information is intended solely for individual or entity named as the recipient hereof . If you are n: the intended recipient, be aware that any disclosure, copying , distribution, or use of the contents of this transmission is prohibited. If you have received this transmission in error, please notify us by telephone immediately so we may arrange to retrieve this transmission at no cost to you . Violation of this confidentiality notice could constitute a basis for a claim for damages against the violation. If you received this communication in error, please immediately notify us by telephone at (612) 439- 2878 . IF YOU DO NOT RECEIVE ALL OF THE PAGES, PLEASE CALL US BACK AS SOON AS POSSIBLE AT (612) 439-2878 COMMENTS: Re: Jack Krongard (dictated but not read) * * * * * * * * * * * HARD COPY WILL FOLLOW BY MAIL 411 MESSAGE CONF I RMAT I ON 03/04/98 09:08 ID=ECKBERG LAW DATE SIR—TIME DISTANT STATION ID MODE PAGES RESULT 03/04 05'37" 4390574 CALLING 19 OK 0000 03/04/98 09:01 ECKBERG LAW 4 4390574 N0.316 P01 LAW OFFICES OF Eckberg. Lammers. Briggs. Wolf & Vierling. P.L.L.P. 1835 Northwestern Avenue Lyle J. EoLkierg Stillwater. Minnesota 55082 James E. �-•+peers Dacid K. Snyder (012) 439-2878l)roa6 Pi�eiio�r► Robert G. Briggs** Marl J. Vierling* PAA (612) 438-2823 Past A. Wolff Gregory G. GaIJer. (18444988) nomasJ. Weidner* COVER SHEET FACSIMILE TRANSM=S,SI(24, .dNeer.)Arbileate.&1►I.Ji.lor Sass° D. Olson Ncatr.l Arbil/war +.M;[i.d R..1 Est.th,Sp..;.liw DATE: March 4 , 1998 Please deliver the following pages) to ; FAX NO: NAME: Tom Melena, Oak Park Heights City Administrator FROM: Mark J. Vierling / Sandy TOTAL NUMBER OF PAGES 19 , INCLUDING COVER SHEET. The pages comprising this facsimile transmission cota_t: confidential information from Eckberg, Lammers , Brig...7 , Wc: : Vierling. This information is intended solea y i , individual or entity named as the recipient hereo , the intended recipient , be aware that any disc:L. iti Il, 03/04/98 09:01 ECKBERG LAW * 43905?4 NO.316 DO1 • 11111 LAW OFFICES OF Eckberg. Lammers. Briggs, Wolff & Vierling. P.L.L.P. 01835 Northwestern Avenue Lyle J. EoLLer8 Stillwater. Minnesota 55082 Da.id K. S.yder Janes F. L4m.�ers (6.12) 439-2878 �roa� Piletiodw Robert G. Briggs** FAX(612) 439-2923 Pool A. Wolff Mark J. Vierling* (19+6-18410) Gregory G. Geller. Thomas J. Weidner* COVER SHEET - FACSIMILE TRAYSM=SSNear.)Arbiir.arisM.1.ter Sosae D. Olson •Q. f cd N,.a.l Arbitrator *C.nifi.d DATE: Marc 4. 1998 Please deliver the following page (s) to : • FAX NO: 439-0574 NAME: Tom Melena. Oak Park Heights City Administrator FROM: Mark J. Vierling / Sandy TOTAL NUMBER OF PAGES 19 , INCLUDING COVER SHEET. The pages comprising this facsimile transmission cC.!::ait: confidential information from Eckberg, Lammers, Briggs, bd:•:: : : Vierling. This information is intended solely t . ...:, individual or entity named as the recipient hereo: . : : : . .. ...the intended recipient, be aware that any disc.L s::ie, distribution, or use of the contents of this transmiss .._ prohibited. If you have received this transmission in err:;.., please notify us by telephone immediately so we may retrieve this transmission at no cost to you . Violation confidentiality notice could constitute a basis for a clai:t: damages against the violation. If you received this communication in error, please immediately notify us by telephone at (612) 439- 2878. IF YOU DO NOT RECEIVE ALL OF THE PAGES, PLEASE CALL US BACK AS SOON AS POSSIBLE AT (612) 439-2878 COMMENTS: Re: Jack Krongard (dictated but not read) * * * * * * * * * * * HARD COPY WILL FOLLOW BY MAIL 03/04/98 09:01 ECKBERG LAW 4 4390574 NO.316 D02 • • LAW OFFICES OF Eokberg. Lammers , Brigs, Wolff & Vierling, P.L.L.P. 1835 Northwestern Avenue Siillwater. Minnesota 55082L le J. Eckberg Dovid K. Snyder Janes F. Lammers (612) 439-2879 Uree6 Pi)etie6 Robert G. Briggs*' PAX(612) 439-2923 PaO1 A. Wolff Marc J. Vierline (19bt99� Gregory G. Geller* Direct Dial No. , (612) 351-2116 3- *Qealifiad Nediral Ar6;,r�iar(/4.199Medieter Tkom `-r ea J. W ei4gers SaSen D. Olson March 4, 1998 �•-I;e.a 1 .e.e)A.6trraor iCieri�ied Reel Glass$yeo;elisi Mr. Thomas Melena City Administrator City of Oak Park Heights 14168 - 57th Street North P.O. Box 2007 Oak Park Heights, Minnesota 55082 Re: Krongard Construction Company - Valley View Addition and Valley View Estates II Dear Tom: As per my conversation with you, I am providing you with a checklist of issues that need to be resolved dealing with Mr. Krongard. To my knowledge, those issues are as follows : 1. Public Works. The Public Works Department has received a number of complaints from property owners in the development as it affects the billing for water services. Certainly check with Roger on the issue, but it is my understanding that members of the homeowners association feel that they are being billed for water services, particularly as it affects outdoor, automatic sprinkling systems that are on other properties. This is largely an issue between the developer and the individual property owners, but, of course, it is the City staff chat is receiving the complaints. 2. Engineering Issues . There is a drainage structure located upon the property that needed to be raised or altered as a result of the developer regrading in the area to address storm water drainage problems. The developer' s position is that the drainage structure was originally in place before he got there and he does not feel he should have to be responsible for the reconstruction or raising of that structure . Engineering' s position is that the nature of the regrading that took place out 03/04/98 09:01 ECKBERG LAW -4 4390574 NO.316 D03 • Mr. Thomas Melena March 4, 1998 Page 2 there by the developer is what necessitated the adjustment which is required to be made to the drainage structure and they feel it is his responsibility to make the adjustment. The drainage structure, I understand, will cost approximately $2, 500.00 to make the appropriate adjustment . Copy of the original Development Agreement (unsigned) is provided. You will note that on Page 5, Subparagraph K. , developer is required to dedicate and survey all drainage, storm water, and holding ponds as required by the City and is also responsible for storm sewer cleaning and holding pond dredging, etc. You will also note that on Page 1 under Plan A Improvements, Subparagaph A. , the developer is responsible for site grading subject to the approval of the City Engineer. My understanding is that the position of the engineers is that the particular problems in place on the property are primarily the result of the grading done by the developer and, hence, the dispute that exists. 3 . Easements. There are two sets of easements required of Mr. Krongard. One was an access easement to get into Valley View Park that has already been secured. The other remaining set of easements that we were to obtain from him dealt with bikeway/pathway easements 20 feet in length going along Osgood Avenue. Mr. Krongard was to provide the legal descriptions and the easements as he is still under ownership of the lots that are immediately impacted on the property. I am enclosing a copy of a letter that I sent to Mr. Krongard dated January 12 following up on a conversation that I had with him again in September of 1997 following up on these very easements. Mr. Krongard has consistently told me that he was having Mr. Randy Kurth, the surveyor, prepare these easements and that they would be provided to me. Of course, it has been several months and we have yet to see same. Judy advises me that she has received a bill from Mr. Kurth for the surveying services, which I do not object to the City picking up as I assume it is relatively small and the easements are for our benefit; however, we have not seen the legal descriptions nor have we been provided with the easements by Mt . Krongard. Given the length of time that has transpired, we would, of course, have to re-check the status of title to make sure that 03/04/98 09:01 ECKBERG LAW 4 4390574 NO.316 PO4 • 411 Mr. Thomas Melena March 4 , 1998 Page 3 Mr. Krongard is still in position to be able to convey these easements. My sense is that these easements have been caught up in the dispute between Mr. Krongard and engineering as it affects the drainage structure and are being held hostage at this point in time. 4. Finance. Judy has advised me previously that she either has some bills owing from Mr. Krongard on this or ocher projects and/or may have funds which need to be returned tor.:!:'. This, of course, needs to be wrapped up at the same time as the other issues are concluded. Within the City' s file you should be able to find signed copies of the two Development Agreements, one for Valley View Addition, the second for Valley View Estates, and also the planning reports that deal with this matter. Engineering reports should also be in the file, although you may wish to check with Joe Anderlik directly with regard to the disputed drainage structure. If I can be of further assistance in this matter, please feel free to contact me directly. Yours very truly, Mark J. Vierling MJV/sdb Enclosure cc: Scott Richards (via fax) Joe Anderlik (via fax) 03/04/98 09:01 ECKBERG LAW 4 4390574 NO.316 D05 • LAW OFFICES OF Eckber8. Lamers, Briggs. Wolff & Vierling. P.L.L.P. 1835 Northwestern Avenue Lyle J. Eolr6erg Stillwater. Minnesota 55082 David K. Snyder James F. Lammers (612) 439-2878 Uroylt Piletick, Ro6erl G. Briggs.. FAX (612) 439-2923 Parl A. Wolff Mark J. Vierlingo Gregory G. Geller• Direct Dial No. : (612) 3S1-2118 (1944-1098) Ybemas J. Weiaaer+r. +�Qea)i(roa Nertral Arbitrate,&Mediate. Janus 12 , 1998 •Qvalified Neetra)A.liirsior ' Suaam D. Olson January .Ger.Ced Re•I Ertale Speeieliel Mr. Jack Krongard Krongard Construction Company 14791 - 60th Street North Stillwater, Minnesota 55082 Re : Valley View Addition/Valley View Estates II Dear Jack: I talked to you last September with regard tc bike/walkway easement along Osgood Avenue affecting these cwo subdivisions. At that time, you advised me that you would have Mr. Kurth prepare the necessary descriptions so that the 20 foot wide easement could be conveyed to the City. The same would obviously not have any impact on the developability of the affected properties . I have not heard anything from Randy or you since that time. We need to get these matters cleared up and I would • appreciate if you could get those descriptions in here as soon as possible. If you have any questions or if there are concerns with regard to this matter, please contact me directly. Yours very truly, • Mark J. Vierling MJV/sdb Enclosure cc: Judy Hoist 03/04/96 09:01 ECKBERG LAW a 4390574 NO.316 P06 S 4 CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY, MINNESOTA DEVELOPER' S AGREEMENT THIS AGREEMENT, made and entered into this day of , 1995, by and between the City of Oak Park Heights, a municipal corporation under the laws of the State of Minnesota (the "City" ) , and St . Croix Land Company, Inc. (the "Developer") . WITNESSETH; That: WHEREAS, the Developer has made application to the City Council for approval of a plat of land within the corporate limits of the City described as follows : • See Attached Exhibit A. (the "Subdivision") ; and, WHEREAS, the City Council has on , 1995, granted preliminary approval to the Subdivision, on the condition that the Developer enter into this Agreement stipulating the conditions for the installation of street, water, sewer and other public improvements as well as the development of on-site improvements hereinafter described, all in accordance with the terms and conditions hereinafter set forth. NOW, THEREFORE, in consideration of the premises and of the mutual promises and conditions hereinafter contained, it is hereby agreed as follows : Designation of Improvements : Improvements to be installed at Developer' s expense by the Developer as hereinafter provided are hereinafter referred to as "Plan A Improvements" . Improvements to be installed by the City and paid for by Developer are hereinafter referred to as "Plan B Improvements" . 1 . PLAN A IMPROVEMENTS: The Developer will construct at Developer' s expense the following improvements under Plan A according to the following terms and conditions: A. The Developer shall do all site grading, common greenway and open spaces, storm water storage ponds, surface drainage ways and all private driveways including sodding of boulevards, all in accordance with the approved grading, drainage and site plan. A grading plan with maximum two (2) foot contours, house pad elevations, drainage provisions, erosion control provisions and cross sections, as necessary, shall be submitted to and approved by the City prior to commencement of any 03/04/98 09:01 ECKBERG LAW 4 4390574 NO.316 P07 • site grading. Any changes to the grading plan during construction shall be submitted to the City for approval . Individual building sites including private driveways are to be customed graded to preserve the maximum number of trees on each site. Unless waived by the Building Inspector, each building site must have an individual grading plan separately approved by the Building Inspector of the City of Oak Park Heights prior to a building permit being issued. B. The Developer shall control soil erosion ensuring: 1. All development shall conform to the natural limitations presented by the topography and soil of the subdivision in order to create the beet potential for preventing soil erosion. The Developer shall submit an erosion control plan, detailing all erosion control measures to be implemented during construction, said plan shall be approved by the City prior to the commencement of site grading or construction. 2 . Erosion and siltation control measures shall be coordinated with the different stages of development . Appropriate control measures as required by the City Engineer shall be installed prior to development and as may be necessary to control erosion. 3 . Land shall be developed in increments of workable size such that adequate erosion and siltation controls can be provided as construction progresses. The smallest practical area of land shall be exposed at any one period of time. 4 . Where the topsoil is removed, sufficient arable soil shall be set aside for respreading over the developed area. The topsoil shall be restored to a depth of at least four (4) inches and shall be of a quality at least equal to the soil quality prior to development . 5. On all residential properties, the Developer or his designee shall provide finished grading with a topcoat of black dirt and sod in the front and side yards. The back or rear yards of all residential properties shall be sodded or seeded at the developer' s option. No certificate of occupancy or final inspection approval shall be granted by the Building 03/04/98 09:01 ECKSERG LAW 4 4390574 NO.316 D0B • I Inspections Department of the City of Oak Park Heights until compliance of this provision has been met with this requirement. C. The Developer shall place iron monuments at all lot and block corners and at all other angle points on boundary lines. Iron monuments shall be placed after all street and lawn grading has been completed in order to preserve the lot markers for future property owners . D. The Developer shall be responsible for maintaining the location of and protecting curb stops, water services and sewer services . Any service or curb stop damaged shall be repaired or replaced as specified by the City. The Developer shall make all necessary adjustments to the curb stops to bring them flush with the topsoil (after grading) or driveway surface. E. The Developer shall be required to provide landscaping and screening as determined by the City and as required by the ordinances of the City. In all instances one boulevard tree should be planted by Developer per dwelling unit . In no instance shall the Developer plant more than 50 percent of the same type of tree. A detailed landscape plan shall be submitted to and require the approval by the City prior to commencement of final platting and landscaping construction. F. The Developer shall install all street name signs at all intersections and provide other traffic control signs within the subdivision as determined to be necessary by the City. Temporary street name signs shall be installed by the Developer prior to issuance of the first building permit . The temporary sign shall be constructed of durable materials to be approved by the Building Official. G. The Developer shall remove all diseased trees before building permits will be issued as to any individual lot. As it affects the removal of dead trees and vegetation on any individual lot, the same shall be addressed within the individual grading plan to be submitted to the Building Inspector of the City of Oak Park Heights at each time that a building permit is sought with regard to the construction of a single family residence as to any individual lot. The Building Inspector shall determine in conjunction with the City Forester, the need to remove dead vegetation upon 3 03/04/98 09:01 ECKBERG LAW 4 4390574 NO.316 5109 any individual lot as part of the custom grading to be implemented on each lot relating to the construction of any residential dwelling thereon. H. The Developer shall be responsible for street maintenance, including curbs, boulevards, sod and street sweeping until the project is complete . All streets shall be maintained free of debris and soil until the subdivision is completed. Warning signs shall be placed when hazards develop in streets to prevent the public from traveling on same and directing attention to detours. If and when the street becomes impassible, such streets shall be barricaded and closed. In the event residences are occupied prior to completing streets, the Developer shall maintain a smooth driving surface and adequate drainage on all temporary streets. The Developer shall be responsible for the removal of snow from all gravel streets. The repair of any damage done to the streets or public utilities shall be the financial responsibility of the Developer. I. The Developer shall furnish street lights in accordance with the City' s residential street lighting policy. General Requirements: 1 . Residential street lighting shall be owned, installed, operated and maintained by the electric utility company (NSP) . City and utility company shall enter into a contractual agreement on the rate and maintenance of the street lighting system. 2 . It shall be the responsibility of the Developer to: a. Reimburse the City for the first two (2) years of operating cost of the street lighting system. b. Pay the electric utility company any cost incurred in the installation of the street lighting units not covered in the electric utility company rate for this service. This payment shall be required to be guaranteed as part of the Plan A security. c. The two year payment schedule (policy) 4 03/04/98 09:01 ECKBERG LAW -> 4390574 N0.316 P10 411 shall be put into effect upon installation of each lighting unit . d. All these costs shall be guaranteed by part of the Plan A security. J. The Developer shall, in all new subdivisions, dedicate a reasonable portion of each proposed subdivision as the City Council reasonably determines to the public for public uses as parks, playgrounds, public open space, trails, or other conditions as required by the City. Developer shall dedicate pedestrian/bike trail easement areas to the City of Oak Park Heights as specified on the plat and approved by the Oak Park Heights Park Commission this dedication is credited against the total park dedication requirement. The Developer for the balance of the plat for of Valley View Estates II shall pay to the City of Oak Park Heights the sum of $12, 580. 00 on execution of this Agreement. K. The Developer shall dedicate and survey all drainage storm water and hold ponds as required by the City. The Developer shall be responsible for storm sewer cleaning and holding pond dredging, as • required, by the City prior to completion of the development. L. The Developer shall be required to depict possible future bus routes and surrounding land uses including parks and all scheduled improvements on all display materials and brochures given to prospective buyers. M, The Developer shall be responsible for securing all necessary approvals and permits from all appropriate federal, state, regional and local jurisdictions prior to the commencement of site ' grading or construction and prior to the City awarding construction contracts for public utilities. N. Drainage and utility easements . 10 foot drainage and utility easements shall be provided along all lot lines . 0. Wetland Designation. All areas classified as wetlands shall be displayed upon the plat and those so specified by the City Engineer be dedicated to ' the public for that purpose. 5 03/04/98 09:01 ECKBERG LAW 4 4390574 NO.316 P11 411 2 . DESCRIPTION OF IMPROVEMENT ESTIMATED COST 1 . Boulevard and swale sod $ 5, 700 . 00 2 . ; Boulevard trees 5, 600 . 00 3 . Street signs 850 , 00 4 . Street lights 2, 880 . 00 5 . . Erosion Control 3, 600.00 6 . Pond Protection & Restoration 1, 000 . 00 7. . Utility protection and repair 6, 680 . 00 6 . Street protection and repair 8, 790 . 00 TOTAL ESTIMATED CONSTRUCTION COST OF PLAN A IMPROVEMENTS: $ 35, 100. 00 • ESTIMATED ENGINEERING, LEGAL AND ADMINISTRATIVE (20%) : $ 7, 000.00 TOTAL ESTIMATED CONSTRUCTION COST OF PLAN A IMPROVEMENTS: $ 42, 100 . 00 SECURITY REQUIREMENT (25%) $ 10, 500 . 00 TOTAL PLAN A ESCROW $ 52, 600 .00 3 , CONSTRUCTION OF PLANA IMPROVEMENTS. A. Construction. The construction, installation, materials and equipment shall be in accordance with the plans and specifications approved by the City. B. Inspection. All of the work shall be under and subject to the inspection and approval of the City and, where appropriate, any other governmental agency having jurisdiction. C. Easements. The Developer shall dedicate to the City, prior to approval of the final plat, at no cost to the City, all permanent or temporary easements necessary for the construction and installation of the Plan A and Plan B Improvements as determined by the City. All such easements required by the City shall be in writing, and in recordable form, containing such terms and conditions as the City shall determine. 6 03/04/98 09:01 ECKBERG LAW 4 4390574 N0.316 D12 110 D. faithful Performance of Construction Contracts. The Developer will fully and faithfully comply with all terms and conditions of any and all contracts entered into by the Developer for the installation and construction of all Plan A Improvements and hereby guarantees the workmanship and materials for a period of one year following the City' s final acceptance of the Plan A Improvements. Concurrently with the execution hereof by the Developer, the Developer will furnish to, and at all times hereinafter maintain with the City, a cash deposit, certified check, or an Irrevocable Letter of Credit, based on one hundred and twenty- five percent (125%) of the total estimated cost of Plan A Improvements as indicated in Section 2 . An Irrevocable Letter of Credit shall be for the exclusive use and benefit of the City of Oak Park Heights and shall state thereon that the same is issued to guarantee and assure performance by the Developer of all the terms and conditions of chis Development Agreement and construction of all required improvements in accordance with the ordinances and specifications of the City. The City reserves the right to draw, in whole or in part, on any portion of the Irrevocable Letter of Credit for the purpose of guaranteeing the terms and conditions of this Agreement . The Irrevocable Letter of Credit shall be renewed or replaced by not later than thirty (30) days prior to its expiration. E. Reduction of Escrow Guarantee . The Developer may request reduction of the Letter of Credit or cash deposit based on prepayment or the value of the completed improvements at the time of the requested reduction. The amount of reduction will be determined by the City and such recommendation will be submitted to the City Council for action. Following any payment for a Plan A improvement which is within the Engineer' s estimate, the City may consider and allow a reduction of the Letter of Credit up to the rate of $1. 25 for every dollar that has been paid out of the escrow/Letter of Credit provided that the project is on schedule, the Developer is not in default under the terms of the Development Agreement and/or no extraordinary expenses beyond the engineering estimate have been incurred during the course of the project. 4 . PLAN B IMPROVEMENTS. The following improvements will be installed by the City at the Developer' s expense according to the following terms and conditions : 7 03/04/98 09 01 ECKBERG LAW 4 4390574 N0.316 D1i 0 • 1. DESCRIPTION OF IMPROVEMENT ESTIMATED COST A. Sanitary sewer $ 23 , 950 . 00 B. Water main 21, 010 .00 C. House Services 26,730 . 00 61, 850 . 00 D. Storm sewer E. Base preparation 59, 290 .00 F. Curb and gutter 18, 860 . 00 G. Surfacing streets 47, 500 .00 TOTAL ESTIMATED CONSTRUCTION COST $259, 190 . 00 OF PLAN B IMPROVEMENTS : ESTIMATED ENGINEERING, LEGAL AND $ 50, 810.00 ADMINISTRATIVE (20%) : TOTAL ESTIMATED CONSTRUCTION COST $310, 000 . 00 OF PLAN B IMPROVEMENTS : SECURITY REQUIREMENT (25%) $ 77,500 .00 TOTAL PLAN 8 ESCROW $387,500 .00 2 . That prior to the City ordering the installation and awarding the contracts as it relates to the PlanB improvementsdwith the City of Oak Park the costs therefor, 1 Developer shalldeposit Heigh , st e PlaneT hB improvementststhe plus a 25% secucority of requth ' related thereto fortotal a total estimated of $387, 500.00• ens e City shall pay from said deposit all exp related to the construction htheconstruction of same improvements providing as follows: Construction. After the preparation of preliminary plans lans and estimates by the City, the City Council shall take bids on the projects and thereafter award the contract pursuant to law for the installation of the Plan B improvements under the City' s supervision. B. Escrow. No work shall be commenced under this 8 • i 03/04/98 09:01 ECKBERG LAW -> 4390574 NO.316 P14 410 III Agreement until the Developer shall have filed with the City a cash deposit, certified check or Letter of Credit (in a form to be approved by the City Attorney) in the amount equal to the total estimated cost of the Plan B improvements plus a security requirement of 25% in the total amount of $387, 500. 00. The City shall have the right to apply against the Letter of Credit all bills incurred by the City with regard to the Plan B improvements, however, the City shall provide the Developer the opportunity to pay for said improvements as bills are incurred, in cash, rather than applying payments as against the Letter of Credit provided to the City, if a Letter of Credit is used in lieu of a cash escrow by the Developer. In such case, the Developer shall have 10 business days from the time of submission of the bill by the City to the Developer to pay to the City such amount in cash so that the City can use the payment to pay the amount due in lieu of drawing down on the Letter of Credit or other escrow on file with the City of Oak Park Heights. C. The Developer shall be provided with a copy of the plans and specifications as prepared by the office of the City Engineer for the Plan B improvements and shall be allowed the opportunity to comment on same prior to final release of the bid specifications by the office of the City Engineer for purposes of receiving bid on the improvements. The Developer shall also be notified of the bid opening date and provided the opportunity to comment on the bids received prior to the award of the bid on the Plan B improvements. The Developer may recommend rejection of al bids and the rebidding of the project or any portion thereof; however, such recommendation is not binding on the City of Oak Park Heights and the City may award the contract based upon the bids received if it, in its absolute discretion, determines that the bids so received are reasonable. The Developer shall also be provided the opportunity to request that the City Engineer consider including certain contractors that the Developer might suggest to be added to the proposed bidder' s list . Final determination of the proposed bidder' s list shall rest in 9 03/04/98 09:01 ECKBERG LAW 4 4390574 NO.316 P15 • the discretion of the City Engineer. D. All such improvements as constructed shall become the property of the City of Oak Park Heights. The Developer shall dedicate to the City prior to approval of the final plat at no cost to the City all permanent and temporary easements necessary for the construction of such improvements as determined by the City. E. Contracts. All such construction contracts as awarded by the City of Oak Park Heights to construct the Plan B improvements shall provide for a guarantee of the workmanship and materials for a period of one year following the completion of construction of the Plan B improvements. All such contracts shall also conform to the ordinances and specifications of the City in the construction of all Plan B improvements . F. Reduction of Cash Deposit/Le ter of Credit. The City shall be allowed to draw upon the cash deposit/Letter of Credit/escrow for the payment of any and all construction contracts awarded as it relates to the Plan B improvements, or any portion or increment thereof, upon certification by the City Engineer of completion of construction of the Plan B improvements, or any portion or increment thereof . Upon final completion of the Plan B improvements and certification of same by the City Engineer, any remaining funds on hand, provided as security to secure the construction of the Plan B improvements, shall be refunded to the Developer. G. Change Orders . No change order increasing the contract expense shall be authorized by the City without first notifying Developer of the change . H. gatimates. The above estimates are engineering projections only. Developer shall be responsible for all actual expenses incurred in the securing and installing of all Plan B improvements. I . Connection Charges . All connection charges and fees shall be paid by Developer on a per lot basis at the time that building permits are obtained for each dwelling or principal 10 03/04/98 09:01 ECKBERG LAW 4 4390574 NO.316 P16 structure to be constructed. The City Engineer shall compute the connection fee as prescribed by ordinance/resolution as to this development and advise the City Administrator as to the appropriate fee to be collected. As it affects this "Development" , the engineer has calculated the total sanitary, water works and storm sewer connection charges to be in the amount of $1,485 .44 per townhome unit. $2, 785. 73 per single family unit and $2, 151.35 per twin home unit . 5 . CASH ESCROW ACCOUNT. The Developer shall provide a cash escrow account to the City of Oak Park Heights in the amount of $ to reimburse the City of Oak Park Heights for previous expenses relating to this development. Developer shall also be responsible for future engineering, legal and administrative costs incurred by the City in the process of supervising the implementation of this development agreement relating to the public improvements and other provisions effecting the subject property. The Developer will be billed periodically by the City for such expenses and pay • same within 10 days of presentation. Any disputes over billings presented to the Developer shall be resolved by the City Council who shall act as the final authority to determine the reasonableness of such charges . 6. GENERAL: A. Binding Effect . The terms and provisions hereof shall be binding upon and inure to the benefit of the heirs, representatives, successors and assigns of the parties hereto and shall be binding upon all future owners of all or any part of the Subdivision and shall be deemed covenants running with the land. References herein to Developer, if there be more than one, shall mean each and all of them. The Agreement, at the option of the City, shall be placed on record so as to give notice hereof to subsequent purchasers and encumbrances of all or any part of the Subdivision and all recording fees, if any, shall be paid by the Developer. B. Final Plat Approval. The City agrees to give final approval to the plat of the Subdivision upon execution and delivery of this Agreement and of all required documents and security, 11 03/04/98 09:01 ECKBERG LAW 4 4390574 NO.316 P17 S • subject to compliance with the Ordinances of the City and terms and provisions hereof, permits may be issued by the City. C. Incorporation of Reference. All plans, special provisions, proposals, specifications and contracts for the improvements furnished and let pursuant to this Agreement shall be and hereby are made a part of this Agreement by reference as fully as if set out herein in full. City Planner File No. 798 .02 - 94 . 05 and Engineering File No. 55120 are hereby incorporated herein by reference. D. The City of Oak Park Heights shall file the Developer' s Agreement or a permit issued pursuant thereto in the office of the County Recorder. Providing that the Developer is not in default under the terms of the Development Agreement, the City shall provide appropriate releases to the financial aspects of same and documentation to individual buyers of lots. E. As to any and all administrative, legal or engineering costs which the Developer is expected to pay to the City of Oak Park Heights, which costs are to be offset against the cash escrows or Letters of Credit which the Developer has filed and provided to the City of Oak Park Heights, the Developer shall be given the opportunity to review and comment on such costs prior to the application by the City of Oak Park Heights to the escrow for the payment of same. Notwithstanding the above, the City of Oak Park Heights shall be the final authority in determining the fairness and reasonableness of all such costs incurred; and the decision by the City Council for the City of Oak Park Heights on any such dispute shall be binding. F. Establishment of Construction Schedules. The City Engineer shall establish construction schedules for Plan A and Plan B improvements and shall consult with Developer prior to establishing same. G. Zoning. All future use and development shall comply with the applicable provisions of the relevant zoning ordinance of the City of Oak Park Heights relating thereto. 12 03/04/98 09:01 ECKBERG LAW 4 4390574 NO.316 P18 H. Signage . Should Developer or his heirs and/or assigns desire any signage affecting this development it must be submitted by detail sign plan to the City of Oak Park Heights and approved prior to being implemented on the site. I . Street Grades. The grades of all streets shall not exceed 8a and the minimum grade shall not be less than .5% . IN WITNESS WHEREOF, the City and Developer have caused this Agreement to be duly executed on the date and year first above written. In the presence of: CITY OF OAK PARK HEIGHTS By Barbara H. O'Neal Mayor Michael J. Robertson Administrator In the presence of: ST. CROIX LAND COMPANY, INC. By Its By Its STATE OF MINNESOTA ) ss. COUNTY OF WASHINGTON) On this day of , 1995, before me a Notary Public, within and for said County personally appeared Barbara H. O'Neal and'Michael J. Robertson, to me personally known, being each by me duly sworn did say that they are respectively the Mayor and the Administrator of the City of Oak Park Heights, the municipal corporation named in the foregoing instrument; and that the seal 13 03/04/98 09:01 ECKBERG LAIC -> 4390574 NO.316 P19 S I affixed to said instrument is the corporate seal of said corporation, and that said instrument was signed and sealed on behalf of said municipal corporation by authority of ' its City Council and said Mayor and Administrator acknowledged said instrument to be the free act and deed of said municipal corporation. Notary Public STATE OF MINNESOTA ) . Bs. COUNTY OF WASHINGTON) On this day of , 1995, before me a Notary Public, within and for said County personally appeared and , to me personally known, being each by me duly sworn did say that they are respectively the and of the corporation named in the foregoing instrument; and that the seal affixed to said instrument is the corporate seal of said corporation, and that said instrument was signed and sealed on behalf of said municipal corporation by authority of its Board of Directors and said and acknowledged said instrument to be the free act and deed of said municipal corporation. Notary Public THIS INSTRUMENT WAS DRAFTED BY: Mark J. Vierling Eckberg, Lammers, Briggs, Wolff & Vierling, P.L.L.P. 1835 Northwestern Avenue Stillwater, MN 55082 (612) 439-2878 oph\devagree\valleyII\March 3, 1998 14 CITY OF # ' � OAK PARK HEIGHTS • 14168 N. 57th Street•Box 2007.Oak Park Heights,MN 55082 •Phone: (612) 439-4439•FAX 439-0574 February 26, 1998 Krongard Construction 14791 North 60th Street Oak Park Heights,Minnesota 55082 Dear Mr. Krongard: My name is Tom Melena and I have been hired as the new City Administrator for the City of Oak Park Heights. As part of my orientation,I have been updated on the status of your Valley View " Estates Development. It is my understanding that there are some issues that still need to be resolved between Krongard-Construction and:the City. ► One issue involves preparing the easement descriptions for the property along Osgood • Avenue Our City Attorney.Mark Vierling spoke with you on September 11, 1997 and was =: assured that this was being done. This has not been taken care of yet. ► The second issue that will need to be addressed is the drainage concerns at yalley'View `'• • Estates. You were invited to a_City Council Workshop in January 1998 to discuss this, however,you were not ableto attend and this issue also remains unresolved. Until these items are able to be resolved to the satisfaction to the City,no new building permits or Certificates of Occupancy can be issued to your company. I am confident that we will be able to resolve these issues in a timely manner and be able to proceed with your development in the City. If you have any questions,please do not hesitate to contact me. Very truly yours, • Thomas M. Melena _ City:Administrator' . Tree City U.S.A. f 4 • CITY OF • `a{ OAK PARK HEIGHTS 14168 N. 57th Street•Box 2007 •Oak Park Heights,MN 55082 •Phone: (612) 439-4439 •FAX 439-0574 December 2, 1997 Jack Krongard Krongard Construction 14791 60th Street North, Suite 2 Oak Park Heights, MN 55082 Dear Mr. Krongard: The City Engineer has reviewed Valley View Estates regarding the complaints received by the homeowners association. Enclosed is the letter with the conclusions by our engineer. The City Council would like to schedule a workshop with you in January to discuss these issues . Please contact me and let me know whether January l3 or January 27 would be better for you to meet with the Council. If you have any questions, please do not hesitate to call me._. Very truly yours, udy Holst . Interim. City Administrator Enclosure cc: Doug Bergmann • Tree City U.S.A. ? 14 • Bonestroo • Sonestroo,Rosene,Anderlik and Associates,Inc.is an A -ve Action/Equal Coportunity Employer Principals:Otto G.Bonestroo,PE.•Joseph C.Anderlik, arvin L.Sorvala.?E • Richard E.Turner,P.E.• Glenn R.Cook.PE.• Robert G.Schunicht.PE.• Jerry A.El ourdon,P.E.• RoseneRobert W.Rosene,P.E.and Susan M.Eberlin.C.P.A.,Senior Consultants ` . Associate Principals'Howard A.Sanford.PE.• Keith A.Gordon.PE.•Robert R.?`efferle.P.E.• vn Anderlik & Richard W.Foster.PE.• 03vid O.Loskota,PE.•Robert C.Rusiek A.I.A.• Mark A.Hanson,P.E.• Michael T.Rautmann,PE.• Ted K.Field.P.E.• Kenneth P.Anderson.PS.•Mark R.Roi`s.PE.• AssociatesSidney P Williamson.P.E..L.S.• Robert F Kotsmith Offices:St.Paul,Rochester,Willmar and St.Cloud,MN•Milwaukee,WI Engineers & Architects November 7, 1997 Ms.Judy Hoist D Q (! 1. City of Oak Park Heights (. .: l a 14168 5h Street North J 1 0 1997 1 i `l,,' Oak Park Heights,MN 55082 I t..J Re: Valley View Estates OAK PARKCTNElCHTS Our File No.55120 Dear Ms.Hoist: We have inspected the Valley View Estates area as it relates to a petition the City received relative to some repair or corrective work requested by the Homeowners Association. A copy of that petition is enclosed for reference. • It is recommended that an inlet grate be installed on the manhole shown in Picture 1 and a small berm be graded around the manhole to channel the water to be intercepted. The structures shown on Pictures 2 and 3 do not need to be modified. The beehives shown in Pictures 7A and 7B should be raised approximately one foot and fill placed • . around them. Mr.Krongard has agreed to replace the rock and gravel spillways with either larger rocks or concrete. It is recommended that holes be drilled in the two high-capacity catch basins and steel bars installed to • reduce the opening size and finally it is suggested that approximately 10 cubic yards of rock rip rap be installed at the east end of the emergency overflow into the park for erosion control. It should be noted the concrete in Pictures 16 through 18 has been removed. The inspection was performed with a contractor in the area and they felt that the approximate cost of the improvements would be between $2,000.00 and $2,500.00. However, with the lateness of the season it would probably be best to wait until spring so that the areas can be cleaned up,restored and resodded. It • will also be necessary to determine a source of funding if the City is to proceed with the work. We are also returning the pictures which we borrowed for your records and file. If you should have any questions on this matter,please do not hesitate to call me or Brian Scott.' Very truly yours, BONESTROO,ROSENE,ANDERLIK&ASSOCIATES,INC. 0 OfrizObtia - oseph C.Anderlik • 2335 West Highway 36 • St. Paul, MN 55113 • 612-636-4600 ■ Fax: 612-636-1311 *closure COUNCIL MEETING DATE: November 25, 1997 AGENDA ITEM CITY OF OAK PARK HEIGHTS REQUEST FOR COUNCIL ACTION Request Submitted: November 21, 1997 Requested By: Judy Holst, Interim Administrator ITEM/ACTION DESCRIPTION: Valley View Estates repair or corrective work requested by the Homeowners Association. BACKGROUND: The City received a petition from the Board of Directors of Valley View Garden Homes Assoc. For repair or corrective works at Valley View Estates . The area has been inspected by City Engineer with several recommendations . See attached. ACTION REQUESTED: Recommend the work be performed in the spring per engineer' s recommendation. Schedule workshop with Jack Krongard to determine source of funding. Send copy of Engineer' s letter and Council invitation to Jack Krongard to attend workshop. FINANCIAL IMPLICATIONS: Depending on outcome of workshop, this could cost the City $2 , 000 to $2 , 500 . ADMINISTRATIVE COMMENTS: The costs could be expended from the Capital Revolving Fund. REVIEWED BY: �uWQiI riaar a q4 Director ty ministrator Police Chief Building Inspector • Bonestroo,Rosene,Anderlik and Associates,Inc.is antive Action/Equal Opportunity Employer Bonestroo Principals:Otto G.Bonestroo,P.E.• Joseph C.Anderlik, . .• Marvin L.Sorvala,P.E.• Richard E.Turner,RE.•Glenn R.Cook,RE.• Robert G.Schunicht,P.E.• Jerry A.Bourdon,RE. • RoseneRobert W.Rosene,P.E.and Susan M.Eberlin,C.P.A.,Senior Consultants Associate Principals:Howard A.Sanford,P.E.• Keith A.Gordon,P.E.• Robert R.Pfefferle,P.E.• Anderlik , Richard W.Foster,P.E.• David O.Loskota,P.E.• Robert C.Russek,A.I.A.• Mark A.Hanson,P.E.• Michael T.Rautmann,P.E.•Ted K.Field,P.E.• Kenneth P.Anderson,RE.• Mark R.Rolfs,P.E.• Associates Sidney R Williamson,P.E.,L.S.• Robert F.Kotsmith Offices:St.Paul,Rochester,Willmar and St.Cloud,MN•Milwaukee,WI Engineers &Architects November 7, 1997 � Ms.Judy Hoist � LI Lb U} UM L City of Oak Park Heights 14168 5th Street North NOV I 0 1997 .� Oak Park Heights,MN 55082 Re: Valley View EstatesCITY OF • OAK PARK HEIGHTS Our File No. 55120 Dear Ms.Hoist: We have inspected the Valley View Estates area as it relates to a petition the City received relative to some repair or corrective work requested by the Homeowners Association. A copy of that petition is enclosed for reference. It is recommended that an inlet grate be installed on the manhole shown in Picture 1 and a small berm be graded around the manhole to channel the water to be intercepted. The structures shown on Pictures 2 and 3 do not need to be modified. The beehives shown in Pictures 7A and 7B should be raised approximately one foot and fill placed around them. Mr.Krongard has agreed to replace the rock and gravel spillways with either larger rocks or concrete. It is recommended that holes be drilled in the two high-capacity catch basins and steel bars installed to reduce the opening size and fmally it is suggested that approximately 10 cubic yards of rock rip rap be installed at the east end of the emergency overflow into the park for erosion control. It should be noted the concrete in Pictures 16 through 18 has been removed. The inspection was performed with a contractor in the area and they felt that the approximate cost of the improvements would be between $2,000.00 and $2,500.00. However, with the lateness of the season it would probably be best to wait until spring so that the areas can be cleaned up,restored and resodded. It • will also be necessary to determine a source of funding if the City is to proceed with the work. We are also returning the pictures which we borrowed for your records.and file. If you should have any questions on this matter,please do not hesitate to call me or Brian Scott. Very truly yours, BONESTROO,ROSENE,ANDERLIK&ASSOCIATES,INC. n • oseph C.Anderlik 2335 West Highway 36 • St. Paul, MN 55113 • 612-636-4600 • Fax: 612-6361311 !II PETITION TO CITY OF OAK PARK HEIGHTS A MINNESOTA INCORPORATED MUNICIPALITY LOCATED IN WASHINGTON COUNTY, MINNESOTA We, the Board of Directors of Valley View Garden Homes Association, do hereby respectfully petition the City of Oak Park Heights to repair, correct or require any other responsible party to repair or correct the following: 1 . The seasonal surface water drains on the South side of the Subdivision of Valley View Garden Homes should be raised, opened and open covers put on them. Refer to Pictures No. 1 through 3 . 2 . Because of the inadequacy of the drains behind the homes, after heavy rains the water running along the South side of the Subdivision pulls up sod and makes ruts in the soil behind several of the homes . Refer to Pictures No. 4 through 7B. 3 . On the North side of 57th Street North in front of a condominium the over flow parking lot drains to the Street through rocks . This rock bed should be concrete. During a rain the water runs from a pile of concrete, dirt and rubble on an adjacent lot through this parking lot and down the rock drainage bed carrying dirt and rocks into the street . Refer to Pictures No. 8 through 10 . 4 . There are two vacant lots that are on Osgood Avenue by 58th and 57th Street . These lots are full of tall weeds and are extremely unsightly and unsafe . We live in a new subdivision and would like the entrance to the subdivision to look neat and clean. These lots should be cut and cleaned up. Is it true that vacant lots in the City of Oak Park Heights are to be mowed a minimum of once every month? These two lots have not been mowed this year except for the area surrounding the builder' s and Realtors ' signs . Refer to Pictures No. 11 through 15 . 5 . Across the street from 14 63 and 1465 57th Street North there is a large pile of concrete and dirt that is very unsightly, unsafe and will cause a severe erosion problem if left over the winter. We would like this removed immediately before a child gets injured because of the temptation to play on it . Refer to Pictures No. 16 through 18 111 % All of the above items have been 'brought to the attention of the City of Oak Park Heights numerous times and nothing has been done to correct them. The following homeowners are numbers of Valley View Garden Homes Association and are represented by the Board of Directors : Joyce Bjork 14823 57 Street North Ralph and Ulla Reeve 14825 57 Street North 011ie and Rita Sassor 14833 57 Street North Don and Eileen Peterson 14835 57 Street North Carol Eastwood 14843 57 Street North Eunice Peterson 14845 57 Street North Phyllis Glampe 14853 57 Street North James and Jean Robinson 14855 57 Street North Walter and Gladys Goetschel 14863 57 Street North Howard and Jean Madsen 14865 57 Street North John and Merit Potting 14873 57 Street North Mary Jones 14875 57 Street North Mark and Laura Sullivan 14883 57 Street North Dennis Belkey and Katie Castelluccio 14885 57 Street North Gil and Evelyn Regnier 14893 57 Street North John and Lillian Jewell 14895 57 Street North Eva Gentner 14903 57 . Street North Douglas and Connie Bergmann 14913 57 Street North John and Janice McLean 14915 57 Street North ' Charles and Florence Claus 14925 57 Street North Judith Hanner 14933 57 Street North Clyde and Margaret Thiets 14935 57 Street North Homer and Esther Nethery 14943 57 Street North Greg and Debbie Lindow 14945 57 Street North We as homeowners are very proud to live in Oak Park Heights . The City' s numerous parks, annual picnic and tree planting program are a few examples that separate us from the rest . Therefore it bothers us when we see contractors come in and make a handsome profit in our city but do not take responsibility for maintaining the aesthetics of the neighborhood during and after development . This behavior detracts from the image of Oak Park Heights and we as a community have to insist on accountability. PETITIONED this 14th day of October, 1997 . VALLEY VIEW GARDEN HOMES ASSOCIATION ,,//( " •ou•� r Bergmann, i esident Y X r N 411 • Valley View Garden Homes Association Board of Directors President - Douglas Bergmann Vice President - Howard Madsen Secretary/Treasurer - Clyde Thiets Director - Lillian Jewell Director - Mary Jones JAN-21-98 WED 08 :47 AM KRONGARD 430 3921 P. 02 II 11 . Kurth S'urveying, Inn 4002 Jefferson St NE Columbig Heights, Minnesota 55421 Phone (612) 788-9769 Fax (612) 7r- P0174V 1 /3d-9e May 31, 1997 ea- Mr. Jack KrongardCallijC- e1.4444;21 pla,(1._ do Kraagard Construction ,r 4.6 14791 60th St. No. Suite 2 Stillwater,Minnesota 55082 1/0_,0 / F /1—t'll, 12(4f/P1 Services rendered thru May 31, 1997-Valley View Additions (Formerly Town } '.a--:-- /, Ckefr;,,,re),Zei el 1997 Q o )Ca® �'a4,,,...,: '� f,7' /_ja_ /A e I May al:n��i4 - 08 Stake house - Lots(& 7 lock 1 Ward with owner 09 Drawing on CIC plat(VVSo.) (1"Supp) 12 Drawing on CIC plat (VVSo.)(1"Supe) S 333.0 14 Drawing on CIC-First 5 ••lemental 60.0 NVSo, 16 Computations on • 7 Block 1 VV3rd , 180.0 19 Restake house Lots . : 60.0 .lock 1 VV3rd 27.5f 20 Stake east plat line- WE --- 8 i I/ C;4 K 0 Ply 208.01 20 Rough stake house- Lacs 10 `1 j- - 30 Stake building corners with concrete contractor^�,����-^_• 200,0( 30 Stake house Lou 3 &4, Block 1 roughstake house FS 6 dt 7 75.0( Lots 1 &2, Block 1 205.00 CURRENT NEW CHARGES 205.00 S 1,553.50 STATEMENT Current new charges Previous billing Payment received•Thank you S 1,553.50 Finance charges 4 425.00 ) ,423,00 Total due as of May 31. 1997 + 0.00 S 1553.50 .S0 Payment due upon receipt, carrying charge of 1.5% per month after 30 days. JAN-21-98 WED 08 :47 AM KRONGARD 430 3921 P. 01 411/ • .,--- iiihiliPok KRONGARD CONSTRUCTION COMPANY 1111161 14791 60TH STREET NORTH, SUITE 2 STILLWATER, MINNESOTA 55082 PHONE: (612) 430-2314 - FAX: (612) 430-3921 JULY 21 , 1997 CITY OF OAK PARK HEIGHTS 14168 - N 57TH ST. OAK PARK HEIGHTS , MN. 55082 INVOICE STAKE EAST PLAT LINE VALLEY VIEW EAST-SEE ATTACHED. TOTAL DUE $200 . 00 l e.t.,,, ,__ 61-6LIC °°.41L' 6)a—v"' Bonestroo,Rosene,Anderlik and Associates,Inc.is a irmative Action/Equal Opportunity Employer BonestrooOtto G.Bonestroo,P.E. Howard A.Sanford,P.E. hael C.Lynch,P.E. Brian K.Gage,P.E. Robert W.Rosene,P.E.* Keith A.Gordon.,P.E. James R.Maland,P.E. F.Todd Foster,P.R. Rosene Joseph C.Anderlik,P.E. Robert R.Pfefferle,P.E. Jerry D.Pertzsch,P.E. Keith R.Yapp,P.E. ■ Marvin L.Sorvala,P.E. Richard W.Foster,P.E. Scott J.Arganek,P.E. Douglas J.Benoit,P.E. Richard E.Turner, D.Gustafso Anderlik & Glenn R.Cook,P.E.P.E. Robert OC.Russek,A.I.A. Mark R.Rolf5,.Loskota,P.E. Kenneth P.Anderson,P.E. Cecwo Olivier,P.E.n,P.E. Associates Thomas E.Noyes,P.E. Jerry A.Bourdon,P.E. Mark A.Seip,P.E. Kent J.Wagner,P.E. Robert G.Schunicht,P.E. Mark A.Hanson,P.E. Gary W.Morten,P.E. Paul G.Heuer,P.E. Susan M.Eberlin,C.P.A.* Michael T.Rautmann,P,E. Paul J.Gannon,A.I.A. John P.Gorder,P.E. Engineers &Architects *Senior Consultant Ted K.Field,P.E. Daniel J.Edgerton,P.E. Dan D.Boyum,P.E. 9 Thomas R.Anderson,A.I.A. A.Rick Schmidt,P.E. Jeffrey.1.Ehleringer,P.E. James R.Rosenmerkel,P.E. Dale A.Grove,P.E. Joseph R.Rhein,P.E. Donald C.Burgardt,P.E. Philip J.Caswell,P.E. Lee M.Mann,P.E. Thomas A.Syfko,P.E. Mark D.Wallis,P.E. Charles A.Erickson Frederic J.Stenborg,P.E. Miles B.Jensen,P.E. Leo M.Pawelsky Ismael Martinez,P.E. L.Phillip Gravel,P.E. Harlan M.Olson Michael P.Rau,P.E. Karen L.Wlemeri,P.E. Agnes M.Ring April 17, 1996 Thomas W.Peterson,P.E. Gary D.Kristofitz,P.E, James F.Engelhardt Mr. Mike Robertson City of Oak Park Heights 14168 North 57th Street Oak Park Heights, MN 55082 Re: Valley View Estates, Phase 2 Utility and Street Improvements Our File No. 55120 Dear Mike: Enclosed are two (2) copies of the March 18, 1996, television inspection report from Valley View Estates Phase 2 of the sanitary sewers installed by Volk Construction. Their report indicates six areas between manholes 70 and 72 in the existing main line that require roots to be cut out.Also, there is debris that should be removed from the line between manholes 69 and 70. These are all existing conditions that Volk is not responsible for. There is sand and gravel in some of the new lines and Volk has been contacted to do that cleaning. The rest of the lines are in good working order. Please let me know if you have any questions or require further information regarding this project. Very truly yours, BONESTROO, ROSENE, ANDERLIK&ASSOCIATES, INC. (20/-7,./ daild-y( Carol J. Caron CJC:gs 2335 West Highway 36 • St. Paul, MN 55113 • 612-636-4600 i r FAX TRANSMISSION St. Paul • Milwaukee Date: 4/- 17- q40 J j Bonestroo Rosene 2335 West Highway 36 Our File No.: 55 i a so viiAnderlik& St. Paul, MN 55113 From: Ca ro/ ea,rc r) I Associates 612-636-4600 Pages To Follow: Engineers & Architects Fax 612-636-1311 Original Will Follow In Mail: Yes No , To: tie &be r b of Fax Number: Organization: ( i CIF OPH Subject: rfaltr , ' `ett, tes - 1 r. 2 Remarks: The *cle.frls ;69 report f,.. it f-h%S pi'oj"eCt nd; Cad's to area Jr' the e XT tin 9 ma;0 Line :het-ween man holes 70 and 7Z where root-5 airte y yreat/ya.C7q c t it and re hri r t In Plow. hr5a. T mai n 1;ne crri c5 a. / f ly u,i.5 frm o /-he 195 r-e(Afive/io n pro]eci a rea.rand 1 i- ,j erlt-ical Mai' e city hire c eorpvac/- oo e 1 Hi /Orli rna. se5 Arlt offl ,)an;f0iy /'he as `Soon 05 fossihie . 17 ii Our Op;n;on 6-hat once /-hese roots are _ /kernoved Mey will alt ,row ,bac- ,since ct,11 rs ffiat ante cx;itee 1n the area have been rui do wn , Thr chain 1;ne behue r n manhcke,a & I ar'c/ 70 �5hov1c/ he bailee/ 1n der D ie move debvii and ? day Cuf - 6(i t5 . 1 cneed n r o f 1n rrri fl d r7 Cel /lie ,�C.hocca �' you 11 a1 any fit. �t F,� a , Copy To: Signed: (l 7i o 61707V Note To Addressee: If you did not receive all of the pages in good condition, please advise sender at your earliest convenience. Thank You. For Office Use Only Fax then mail: Yes No Urgent fax immediately: Yes No Call to confirm fax was received: Yes No Fax and return original to sender: Yes No Make copies for: File Others Fax copies to(more thanone): Other: SOLIDIFICATION, INC. • • 7233 WINNETKA AVENUE NORTH WORK ORDER # 6462 D.O. PAGE 10 MINNEAPOLIS, MINNESOTA 55428 DATE 03/18/1996 (612) 535-1065 FOR: City of Oak Park Heights AT: Valley View Estates-Phase 2 ON: Easement FROM: Existing MH 70 TO: Existing MH 69 LINE DIAMETER: 8 Inch ROAD SURFACE: Asphalt CAMERA DIRECTION: Downstream PIPE LENGTH: 5 FEET TYPE OF AREA: Residential DEPTH: 15 FEET VIDEO TAPE TYPE: VHS LINE LENGTH: 245 FEET LINE CONDITION: Fair VIDEO TAPE SPEED: EP TYPE: Sanitary MANHOLE CONDITION: Good PIPE MATERIAL: Vitrified Clay . AGE: Existing MANHOLE FOOTAGE VIDEO PHOTO FROM TO REMARKS FEET NUMBER 0 Neeloote1M.miatiM0p. 1971 10 Service Right wye ok 11 Service Right wye ok 22 Service Left wye ok 26 30 DIP approximately 3" 35 40 Camera under water 65 Circular hairline crack left - 6-11 o'clock 131 159 Camera under water -Debris in pipe 2"-3" 198 233 Debris in pipe approximately 2"-3" 245 lMniw/e,N10;Exist 2302 • SOLIDIFICATION, INC. 7233 WINNETKA AVENUE NORTH • WORK ORDER # 6462 D.O. • PAGE 7 +:NNEAPOLIS, MINNESOTA 55428 DATE 03/18/1996 (612) 535-1065 FOR: City of Oak Park Heights AT: Valley View Estates-Phase 2 ON: 57th Street North FROM: Existing MH 72 TO: Existing MH 71 LINE DIAMETER: 8 Inch ROAD SURFACE: Asphalt CAMERA DIRECTION: Downstream PIPE LENGTH: 5 FEET TYPE OF AREA: Residential DEPTH: 10 FEET VIDEO TAPE TYPE: VHS LINE LENGTH: 227 FEET LINE CONDITION: Good VIDEO TAPE SPEED: EP TYPE: Sanitary MANHOLE CONDITION: Good PIPE MATERIAL: Vitrified Clay AGE: Existing MANHOLE FOOTAGE VIDEO PHOTO FROM TO REMARKS �_- FEET NUMBER 0 filik8~alimiscify 1260 9 Service Right tap ok 11 Service Right tap ok 30 Service Left Wye - Roots #9 rf: 45 Service Right Wye - Roots #1 58 Service Left tap ok 98 Service Right tap ok 100 Service Right tap ok 118 Service Left wye ok 130 Service Right Wye - Roots #4 183 Service Right tap ok 185 Service Right tap ok 186 Service Left tap ok 198 Service Left wye ok • Continued on next page SOLIDIFICATION, INC. • • 7233 WINNETKA AVENUE NORTH WORK ORDER X 6462 D.O. MINNEAPOLIS, MINNESOTA 55428 (612) 535-1065 DATE 03/18/1996 PAGE 7 MANHOLE FOOTAGE FROM TO --- ���M�__��� REMARKS VIDEO PHOTO 216 Service Right uye ok V�~�_r� FEET NUMBER 227 ��j��•��. -'---- -------- -- _" 100416* till' . :i i f i 4 i 3 5 4 SOLIDIFICATION, INC. 7233 WINNETKA AVENUE NORTH WORK ORDER # 6462 D.O. • PAGE 8 MINNEAPOLIS, MINNESOTA 55428 DATE 03/18/1996 (612) 535-1065 FOR: City of Oak Park Heights AT: Valley View Estates-Phase 2 ON: 57th Street North FROM: Existing MH 71 TO: Existing MH 70 LINE DIAMETER: 8 Inch ROAD SURFACE: Asphalt CAMERA DIRECTION: Downstream PIPE LENGTH: 5 FEET TYPE OF AREA: Residential DEPTH: 10 FEET VIDEO TAPE TYPE: VHS LINE LENGTH: 210 FEET LINE CONDITION: Good VIDEO TAPE SPEED: EP TYPE: Sanitary MANHOLE CONDITION: Good PIPE MATERIAL: Vitrified Clay AGE: Existing MANHOLE FOOTAGE VIDEO PHOTO FROM TO REMARKS FEET NUMBER 0 . t7l-Existing z 1460 42 Service Right tap ok 43 Service Right tap ok ,i 53 Camera under water If 1- " 63 Service Left wye - Roots # 9 73 Service Right wye with shrinkage crack 1540 108 Service Left tap ok • 120 Service ? - Roots #9 --� ���..✓ 121 Service Right tap ok 138 Service Left wye ok 149 Roots #4 182 Service Right tap ok 210 igl+f!'b70 f OS va.ave:aecne.SCVSVI MR *.m am.I.'°aa M r• xm munne _ ,. 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" ' CITY OF .7..,‘: , OAK PARK HEIGHTS ' 14168 N. 57th Street•Box 2007.Oak Park Heights,MN 55082 •Phone: (612) 439-4439 •FAX 439-0574 _At% December 2, 1997 Jack Krongard Krongard Construction 14791 60th Street North, Suite 2 Oak Park Heights, MN 55082 Dear Mr. Krongard: The City Engineer has reviewed Valley View Estates regarding the complaints received by the homeowners association. Enclosed is the letter with the conclusions by our engineer. The City Council would like to schedule a workshop with you in January to discuss these issues. Please contact me and let me know whether January 13 or January 27 would be better for you to meet with the Council. If you have any questions, please do not hesitate to call me. Very truly yours, udy Holst Interim: City Administrator ` Enclosure (itAf(- °-li1/4:1?/11 1)6 cc: DougBergmann Tree City U.S.A. Bonestroo.Rosene.Anderlik and Associates,Inc.is an Affirmative Action/Equal Opportunity Employer BonestrooPrincipals:Otto G.Bonestroo,P.E.•Joseph C.Anderlik,RE.•Marvin L.Sorvala.RE.• Richard E.Turner,RE.• Glenn R.Cook,P.E.• Robert G.Schunicht,P.E.• Jerry A.Bourdon,P.E.• Rosene�/ Robert W.Rosene,P.E.and Susan M.Eberlin,C.P.A.,Senior Consultants Anderlik Associate Principals:Howard A.Sanford.PE.• Keith A.Gordon.P.E.•Robert R.Pfefferle.P.E.• Nul Q Richard W.Foster,PE.•'Ovid O.Loskota,RE.• Robert C.Russek,A.I.A.•Mark A.Hanson,P.E.• Michael T.Rautmann,P.E.• Ted K.Field.P.E.• Kenneth P.Anderson.RE.•Mark R.Rolfs,P.E.• Associates Sidney P Williamson,P.E.,L.S.• Robert F Kotsmith Offices:St.Paul,Rochester,Willmar and St.Cloud,MN•Milwaukee,WI Engineers &Architects November 7, 1997 ,fit M Ms.Judy Hoist DEE V n City of Oak Park Heights III 14168 5`h Street North i•�;�,,f i 0 1997 i I Oak Park Heights,MN 55082 Re: Valley View Estates OAK PCITK OF Our File No.55120 Dear Ms.Hoist: We have inspected the Valley View Estates area as it relates to a petition the City received relative to some repair or corrective work requested by the Homeowners Association. A copy of that petition is enclosed for reference. It is recommended that an inlet grate be installed on the manhole shown in Picture 1 and a small berm be graded around the manhole to channel the water to be intercepted. The structures shown on Pictures 2 and 3 do not need to be modified. The beehives shown in Pictures 7A and 7B should be raised approximately one foot and fill placed around them. Mr.Krongard has agreed to replace the rock and gravel spillways with either larger rocks or concrete. It is recommended that holes be drilled in the two high-capacity catch basins and steel bars installed to • • reduce the opening size and fmally it is suggested that approximately 10 cubic yards of rock rip rap be • installed at the east end of the emergency overflow into the park for erosion control. It should be noted the concrete in Pictures 16 through 18 has been removed. The inspection was performed with a contractor in the area and they felt that the approximate cost of-the improvements would be between $2,000.00 and $2,500.00. However, with the lateness of the season it would probably be best to wait until spring so that the areas can be cleaned up,restored and resodded. It will also be necessary to determine a source of funding if the City is to proceed with the work. We are also returning the pictures which we borrowed for your records.and file. If you should have any questions on this matter,please do not hesitate to call me or Brian Scott. Very truly yours, BONESTROO,ROSENE,ANDERLIK&ASSOCIATES,INC. 95441124.,) ac.44.1.;-% oseph C.Anderlik • 2335 West Highway 36 • St. Paul, MN 55113 • 612-636-4600 • Fax: 612-636-1311 • Bonestroo,Rosene,Anderlik and Associates,Inc.is an Affirmative Action/Equal Opportunity Employer BonestrooPrincipals:Otto G.Bonestroo,RE.•Joseph C.Anderlik,RE.•Marvin L.Sorvala,RE.• Richard E.Turner,P.E.• Glenn R.Cook,P.E.•Robert G.Schunicht,P.E.• Jerry A.Bourdon,RE.• RoseneRobert W.Rosene,P.E.and Susan M.Eberlin,C.P.A.,Senior Consultants • Associate Principals:Howard A.Sanford,P.E.• Keith A.Gordon,PE.•Robert R.Pfefferle,PE.• Anderlik & Richard W.Foster,PE.• ['`avid O.Loskota,RE.•Robert C.Russek,A.I.A.•Mark A.Hanson,P.E.• Michael T.Rautmann,P.E.• Ted K.Field.P.E.• Kenneth R Anderson,RE.• Mark R.Rolfs.RE.• Associates Sidney P Williamson,RE.,L.S.• Robert F.Kotsmith Offices:St.Paul,Rochester,Willmar and St.Cloud,MN•Milwaukee,WI Engineers &Architects November 7, 1997 Ms.Judy Hoist D Lb U 1'1 IS "Thn i City of Oak Park Heights 14168 5th Street North t ;1L.1"'f Oak Park Heights,MN 55082 ' �9�7 Re: Valley View Estates CITYOAK PARK OF Our File No. 55120 Dear Ms.Hoist: We have inspected the Valley View Estates area as it relates to a petition the City received relative to some repair or corrective work requested by the Homeowners Association. A copy of that petition is enclosed for reference. It is recommended that an inlet grate be installed on the manhole shown in Picture 1 and a small berm be graded around the manhole to channel the water to be intercepted. The structures shown on Pictures 2 and 3 do not need to be modified. The beehives shown in Pictures 7A and 7B should be raised approximately one foot and fill placed around them. Mr.Krongard has agreed to replace the rock and gravel spillways with either larger rocks or concrete. It is recommended that holes be drilled in the two high-capacity catch basins and steel bars installed to • reduce the opening size and finally it is suggested that approximately 10 cubic yards of rock rip rap be installed at the east end of the emergency overflow into the park for erosion control. It should be noted the concrete in Pictures 16 through 18 has been removed. The inspection was performed with a contractor in the area and they felt that the approximate cost of the improvements would be between $2,000.00 and $2,500.00. However, with the lateness of the season it would probably be best to wait until spring so that the areas can be cleaned up, restored and resodded. It - will also be necessary to determine a source of funding if the City is to proceed with the work. We are also returning the pictures which we borrowed for your records and file. If you should have any questions on this matter,please do not hesitate to call me or Brian Scott. Very truly yours, BONESTROO,ROSENE,ANDERLIK&ASSOCIATES,INC. aced-a (2- 47447 oseph C.Anderlik ( G ''L (/il`'"" ' X4/7/ 2 7 • 2335 West Highway 36 • St. Paul, MN 55113 • 612-636-4 Enclosure 12B PETITION TO CITY OF OAK PARK HEIGHTS A MINNESOTA INCORPORATED MUNICIPALITY LOCATED IN WASHINGTON COUNTY, MINNESOTA We, the Board of Directors of Valley View Garden Homes Association, do hereby respectfully petition the City of Oak Park Heights to repair, correct or require any other responsible party to repair or correct the following: 1 . The seasonal surface water drains on the South side of the Subdivision of Valley View Garden Homes should be raised, opened and open covers put on them. Refer to Pictures No. 1 through 3 . 2 . Because of the inadequacy of the drains behind the homes, after heavy rains the water running along the South side of the Subdivision pulls up sod and makes ruts in the soil behind several of the homes . Refer to Pictures No. 4 through 7B. 3 . On the North side of 57th Street North in front of a condominium the over flow parking lot drains to the dtreet through rocks . This rock bed should be concrete. During a rain the water runs from a pile of concrete, dirt and rubble on an adjacent lot through this parking lot and down the rock drainage bed carrying dirt and rocks into the street . Refer to Pictures No. 8 through 10 . 4 . There are two vacant lots that are on Osgood Avenue by 58th and 57th Street . These lots are full of tall weeds and are extremely unsightly and unsafe. We live in a new subdivision and would like the entrance to the subdivision to look neat and clean. These lots should be cut and cleaned up. Is it true that vacant lots in the City of Oak Park Heights are to be mowed a minimum of once every month? These two lots have not been mowed this year except for the area surrounding the builder' s and Realtors ' signs . Refer to Pictures No. 11 through 15 . 5 . Across the street from 1463 and 142(65 57th Street North there is a large pile of concrete and dirt that is very unsightly, unsafe and will cause a severe erosion problem if left over the winter. We would like this removed immediately before a child gets injured because of the temptation to play on it . Refer to Pictures No. 16 through 18 . ^ N v •. '� • 1 t r. a t 21 t Pk I '‘, t.• .. -,! . • ,...,,,..'"..- 1K. r, - ; \ •yam s-� - :� I e� ••, ,•. .., •+ ��1 r a�ay� v , ti - s.:,,,,...:47....•-;..,: 4;1 ....,—_,,t4 ,�._7.0� • • I r '/ � r • 4 - 1`C ,- �. J • vv I I I I I I 4 ,0,, 1 .. } .1 ' 1' r I • s) 9 •► 11 I I I 1 I l•.44. t I in v I I I 4 1 It' l' • I ' , '�f, I -f 1 i • , y f l• 7 k . '\ + 1 \ ,,.-. ,is . til.. ' _ ,,,, „. _ _. 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'41, 4 i • • • ,o SOLIDIFICATION, INC. ---- 7233 Winnetka Avenue North/Minneapolis, Minnesota 55428/(612) 535-1065/ FAX (612) 535-1071 47 De eemb- , . , , Ap r;I L 11940 Mr. Sean Clark Bonestroo, Rosene, Anderlik & Associates 2335 West Highway 36 St. Paul, Minnesota 55113 SUBJECT: TELEVISION INSPECTION REPORT WORK ORDER #5653 Dear Mr. Clark, Enclosed are the field findings of our closed circuit television inspection report as ordered by you for the City of Oak Park Heights. Should you have any questions regarding this report, please feel free to contact us. " Also enclosed is the original invoice and a copy pertaining to this 1p inspection. Please forward the original invoice to the City of Oak Park Heights with your approval for payment. We look forward to serving your future needs. Sin rel Brent Johnson Sales Manager BJ/kb enclosures 1,4 Specialists In Underpinning and Ground Water Control Equal Opportunity Employer CLOSED E CIRCUIT TELEVISION INSPECTION FOR 111 BONESTROO, ROSENE, ANDERLIK & ASSOCIATES IN OAK PARK HEIGHTS, MINNESOTA VALLEY VIEW ESTATES - PHASE 2 WORK ORDER NUMBER 6462 410 OAK PARK HEIGHTS MINNESOTA April 4, 1996 Solidification, Inc. 7233 Winnetka Avenue North Minneapolis, Minnesota 55428 (612) 535-1065 • SOLIDIFICATION, INC. 7233 WINNETKA AVENUE NORTH WORK ORDER # 6462 D.O. PAGE 1 MINNEAPOLIS, MINNESOTA 55428 DATE 03/18/1996 (612) 535-1065 FOR: City of Oak Park Heights AT: Valley View Estates-Phase 2 ON: Upper 56th Street North FROM: Dead End MH 6 TO: MH 5 LINE DIAMETER: 8 Inch ROAD SURFACE: Asphalt CAMERA DIRECTION: Downstrear PIPE LENGTH: 13 FEET TYPE OF AREA: Residential DEPTH: 12 FEET VIDEO TAPE TYPE: VHS LINE LENGTH: 182 FEET LINE CONDITION: Good VIDEO TAPE SPEED: EP TYPE: Sanitary MANHOLE CONDITION: Good PIPE MATERIAL: PVC AGE: New Construction MANHOLE FOOTAGE VIDEO PHOTO FROM TO REMARKS FEET NUMBER 0 Manhole #6 0 5 Service Right wye ok 97 Service Left wye ok 182 Manhole #5 160 • 111/0 SOLIDIFICATION, INC. 7233 WINNETKA AVENUE NORTH WORK ORDER # 6462 D.O. PAGE 2 MINNEAPOLIS, MINNESOTA 55428 DATE 03/18/1996 • (612) 535-1065 FOR: City of Oak Park Heights AT: Valley View Estates—Phase 2 ON: Upper 56th Street North FROM: MH #5 TO: MH #2 LINE DIAMETER: 8 Inch ROAD SURFACE: Asphalt CAMERA DIRECTION: Downstream PIPE LENGTH: 13 FEET TYPE OF AREA: Residential DEPTH: 12 FEET VIDEO TAPE TYPE: VHS LINE LENGTH: 100 FEET LINE CONDITION: Good VIDEO TAPE SPEED: EP TYPE: Sanitary MANHOLE CONDITION: Good PIPE MATERIAL: PVC AGE: New Construction MANHOLE FOOTAGE VIDEO PHOTO FROM TO REMARKS FEET NUMBER 0 Manhole #5 160 5 Service Right wye ok 100 Manhole #2 280 SOLIDIFICATION, INC. • 7233 WINNETKA AVENUE NORTH WORK ORDER # 6462 D.O. PAGE 3 MINNEAPOLIS, MINNESOTA 55428 DATE 03/18/1996 (612) 535-1065 111/1 FOR: City of Oak Park Heights AT: Valley View Estates-Phase 2 ON: Osman Avenue North FROM: Dead End MH 4 TO: MH 3 LINE DIAMETER: 8 Inch ROAD SURFACE: Asphalt CAMERA DIRECTION: Downstream PIPE LENGTH: 13 FEET TYPE OF AREA: Residential DEPTH: 8 FEET VIDEO TAPE TYPE: VHS LINE LENGTH: 120 FEET LINE CONDITION: Good VIDEO TAPE SPEED: EP TYPE: Sanitary MANHOLE CONDITION: Good PIPE MATERIAL: PVC AGE: New Construction MANHOLE FOOTAGE VIDEO PHOTO FROM TO REMARKS FEET NUMBER 0 Manhole #4 - dead end 280 5 Service Left wye ok 1110 10 Service Right wye ok 15 Service Left wye ok 20 Service Right wye ok 85 Service Left wye ok 120 Manhole #3 400 • s SOLIDIFICATION, INC. 7233 WINNETKA AVENUE NORTH WORK ORDER # 6462 D.O. PAGE 4 MINNEAPOLIS, MINNESOTA 55428 DATE 03/18/1996 • (612) 535-1065 FOR: City of Oak Park Heights AT: Valley View Estates-Phase 2 ON: Osman Ave North FROM: MH 3 TO: MH 2 LINE DIAMETER: 8 Inch ROAD SURFACE: Asphalt CAMERA DIRECTION: Downstream PIPE LENGTH: 13 FEET TYPE OF AREA: Residential DEPTH: 10 FEET VIDEO TAPE TYPE: VHS LINE LENGTH: 50 FEET LINE CONDITION: Good VIDEO TAPE SPEED: EP TYPE: Sanitary MANHOLE CONDITION: Good PIPE MATERIAL: PVC AGE: New Construction MANHOLE FOOTAGE VIDEO PHOTO FROM TO REMARKS FEET NUMBER 0 Manhole #3 400 8 Pipe changes to ductile iron pipe 8 16 Sand and Gravel Approximately .5" 26 Pipe changes to PVC 50 Manhole #2 • • SOLIDIFICATION, INC. 7233 WINNETKA AVENUE NORTH WORK ORDER # 6462 D.O. PAGE 5 MINNEAPOLIS, MINNESOTA 55428 DATE 03/18/1996 111/1 (612) 535-1065 FOR: City of Oak Park Heights AT: Valley View Estates-Phase 2 ON: Osman Avenue North FROM: MH 2 TO: MH 1 LINE DIAMETER: 8 Inch ROAD SURFACE: Asphalt CAMERA DIRECTION: Downstream PIPE LENGTH: 13 FEET TYPE OF AREA: Residential DEPTH: 15 FEET VIDEO TAPE TYPE: VHS LINE LENGTH: 175 FEET LINE CONDITION: Good VIDEO TAPE SPEED: EP TYPE: Sanitary MANHOLE CONDITION: Good PIPE MATERIAL: PVC AGE: New Construction MANHOLE FOOTAGE VIDEO PHOTO FROM TO REMARKS FEET NUMBER 0 Manhole #2 500 2 8 Sand and Gravel .5"-1" 1111 150 159 Sand and Gravel .5"-1" 175 Manhole #1 630 • • SOLIDIFICATION, INC. 7233 WINNETKA AVENUE NORTH WORK ORDER # 6462 D.O. PAGE 6 MINNEAPOLIS, MINNESOTA 55428 DATE 03/18/1996 111/0 (612) 535-1065 FOR: City of Oak Park Heights AT: Valley View Estates-Phase 2 ON: 57th Street North FROM: MH 1 TO: Existing MH 72 LINE DIAMETER: 8 Inch ROAD SURFACE: Asphalt CAMERA DIRECTION: Downstream PIPE LENGTH: 5 FEET TYPE OF AREA: Residential DEPTH: 15 FEET VIDEO TAPE TYPE: VHS LINE LENGTH: 364 FEET LINE CONDITION: Good VIDEO TAPE SPEED: EP TYPE: Sanitary MANHOLE CONDITION: Good PIPE MATERIAL: Vitrified Clay AGE: Existing MANHOLE FOOTAGE VIDEO PHOTO FROM TO REMARKS FEET NUMBER 0 Manhole #1 630 1111130 50 Sand and Gravel approximately 1"-2" 58 Service Left wye ok 65 Service Right wye ok 93 Service Right wye ok 98 Service Right wye ok 130 134 Gravel approximately 1"-2" 137 Service Left wye ok 142 Service Left wye ok 170 176 Gravel approximately 1"-2" 178 Service Right wye ok 182 Service Right wye ok 191 Chip in pipe 206 240 Gravel approximately 2"-3" 1110 ----- Continued on next page SOLIDIFICATION, INC. • 7233 WINNETKA AVENUE NORTH WORK ORDER # 6462 D.O. PAGE 6 MINNEAPOLIS, MINNESOTA 55428 DATE 03/18/1996 • (612) 535-1065 MANHOLE FOOTAGE VIDEO PHOTO FROM TO REMARKS FEET NUMBER 220 Service Left wye ok 237 Service Right wye ok 267 Service Right wye ok 270 Service Right wye ok 307 Service Left wye ok 310 Service Left wye ok 320 Service Right wye ok 364 Manhole #72 Existing 1260 • • SOLIDIFICATION, INC. 7233 WINNETKA AVENUE NORTH WORK ORDER # 6462 D.O. PAGE 7 MINNEAPOLIS, MINNESOTA 55428 DATE 03/18/1996 • (612) 535-1065 FOR: City of Oak Park Heights AT: Valley View Estates-Phase 2 ON: 57th Street North FROM: Existing MH 72 TO: Existing MH 71 LINE DIAMETER: 8 Inch ROAD SURFACE: Asphalt CAMERA DIRECTION: Downstream PIPE LENGTH: 5 FEET TYPE OF AREA: Residential DEPTH: 10 FEET VIDEO TAPE TYPE: VHS LINE LENGTH: 227 FEET LINE CONDITION: Good VIDEO TAPE SPEED: EP TYPE: Sanitary MANHOLE CONDITION: Good PIPE MATERIAL: Vitrified Clay AGE: Existing MANHOLE FOOTAGE VIDEO PHOTO FROM TO REMARKS FEET NUMBER 0 Manhole #72 Existing 1260 9 Service Right tap ok 11 Service Right tap ok 30 Service Left Wye - Roots #9 45 Service Right Wye - Roots #1 58 Service Left tap ok 98 Service Right tap ok 100 Service Right tap ok 118 Service Left wye ok 130 Service Right Wye - Roots #4 183 Service Right tap ok 185 Service Right tap ok 186 Service Left tap ok 198 Service Left wye ok Continued on next page • • • SOLIDIFICATION, INC. 7233 WINNETKA AVENUE NORTH WORK ORDER # 6462 D.O. PAGE 7 MINNEAPOLIS, MINNESOTA 55428 DATE 03/18/1996 • (612) 535-1065 MANHOLE FOOTAGE VIDEO PHOTO FROM TO REMARKS FEET NUMBER 216 Service Right wye ok 227 Manhole #71 Existing II, • SOLIDIFICATION, INC. 0 II, 7233 WINNETKA AVENUE NORTH WORK ORDER # 6462 D.O. PAGE 8 MINNEAPOLIS, MINNESOTA 55428 DATE 03/18/1996 (612) 535-1065 111/1 FOR: City of Oak Park Heights AT: Valley View Estates-Phase 2 ON: 57th Street North FROM: Existing MH 71 TO: Existing MH 70 LINE DIAMETER: 8 Inch ROAD SURFACE: Asphalt CAMERA DIRECTION: Downstream PIPE LENGTH: 5 FEET TYPE OF AREA: Residential DEPTH: 10 FEET VIDEO TAPE TYPE: VHS LINE LENGTH: 210 FEET LINE CONDITION: Good VIDEO TAPE SPEED: EP TYPE: Sanitary MANHOLE CONDITION: Good PIPE MATERIAL: Vitrified Clay AGE: Existing MANHOLE FOOTAGE VIDEO PHOTO FROM TO REMARKS FEET NUMBER 0 Manhole #71 Existing 1460 42 Service Right tap ok . 43 Service Right tap ok 53 Camera under water 63 Service Left wye - Roots # 9 73 Service Right wye with shrinkage crack 1540 108 Service Left tap ok 120 Service ? - Roots #9 121 Service Right tap ok 138 Service Left wye ok 149 Roots #4 182 Service Right tap ok 210 Manhole#70 Existing . • . SOLIDIFICATION, INC. 7233 WINNETKA AVENUE NORTH WORK ORDER # 6462 D.O. PAGE 9 MINNEAPOLIS, MINNESOTA 55428 DATE 03/18/1996 • (612) 535-1065 FOR: City of Oak Park Heights AT: Valley View Estates—Phase 2 ON: Ozark Avenue FROM: Existing MH 16 TO: Existing MH 70 LINE DIAMETER: 8 Inch ROAD SURFACE: Asphalt CAMERA DIRECTION: Downstream PIPE LENGTH: 5 FEET TYPE OF AREA: Residential DEPTH: 10 FEET VIDEO TAPE TYPE: VHS LINE LENGTH: 292 FEET LINE CONDITION: Good VIDEO TAPE SPEED: EP TYPE: Sanitary MANHOLE CONDITION: Good PIPE MATERIAL: Vitrified Clay AGE: Existing MANHOLE FOOTAGE VIDEO PHOTO FROM TO REMARKS FEET NUMBER 0 Manhole #16 Existing 1800 • 149 Service Left wye ok 151 Service Left wye ok 226 Service Left wye ok 247 Service Left wye ok 292 Manhole #70 Existing 1110 SOLIDIFICATION, INC. 7233 WINNETKA AVENUE NORTH WORK ORDER # 6462 D.O. PAGE 10 MINNEAPOLIS, MINNESOTA 55428 DATE 03/18/1996 • (612) 535-1065 FOR: City of Oak Park Heights AT: Valley View Estates-Phase 2 ON: Easement FROM: Existing MH 70 TO: Existing MH 69 LINE DIAMETER: 8 Inch ROAD SURFACE: Asphalt CAMERA DIRECTION: Downstream PIPE LENGTH: 5 FEET TYPE OF AREA: Residential DEPTH: 15 FEET VIDEO TAPE TYPE: VHS LINE LENGTH: 245 FEET LINE CONDITION: Fair VIDEO TAPE SPEED: EP TYPE: Sanitary MANHOLE CONDITION: Good PIPE MATERIAL: Vitrified Clay AGE: Existing MANHOLE FOOTAGE VIDEO PHOTO FROM TO REMARKS FEET NUMBER 0 Manhole #70 Existing 1971 10 Service Right wye ok • 11 Service Right wye ok 22 Service Left wye ok 26 30 DIP approximately 3" 35 40 Camera under water 65 Circular hairline crack left - 6-11 o'clock 131 159 Camera under water - Debris in pipe 2"-3" 198 233 Debris in pipe approximately 2"-3" 245 Manhole #70 Existing 2302 11111