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HomeMy WebLinkAboutUntitled City of *“ Oak Park Heights • 14168 57th Street N•Box 2007.Oak Park Heights,MN 55082•Phone(651)439-4439•Fax 439-0574 Memo: September 9, 1999 To: Mayor and Council Tom Melena From: Kris Danielson Re: + IiConcerns of Property Owners Regarding the Development; Recently the Mayor received a written request from Mr. John Mueller of the Valley View Condominium North Association for a copy of the Development Agreement with all exhibits and amendments. A copy of the Development Agreement is enclosed for your review. • During the pastear, mystaff Y has held numerous meetings with various members of the Valley View North Condominium Association ) Field Engineer have conducted several site inspections oftheBuilding d areaur inresponse to neighbor's concerns. In February we met Donna Gray and Jack Krongard to clarify which issues held the City's concern, and discuss ways they could address their private concerns. Shortly after our February meeting I was informed by Donna Gray that many of the Associations issues were quickly addressed by Mr. Krongard. I am pleased that the City was able to play a facilitating role in achieving this outcome. At the same time, my staff has spent a considerable amount of time assisting the Association with their ongoing concerns (most recently outlined in the enclosed letter from WNCA). From the City's standpoint,one issue remains to be addressed for the development, and that is the replacement of the curbing at the southeast corner of building 14812. This work should be done following the completion of the unit currently under construction (spring 2000). Please contact me at 439-4439 with any questions you may have. • TREE CITY U.S.A. jbutler From: kdanielson [kdanielson@cityofoakparkheights.com] Sent: Friday, February 19, 1999 3:54 PM • To: 'Thomas Melena'; 'Jim Butlers; 'Karen Shimon' Subject: Good News to End the Week As a result of our meeting with Donna GrayNalley View Estates Assc: Jack Krongard has: 1. Paid them in full for their Court Case(and) 2. Had his crew on site to address the lighting, siding, sprinkler system and spillway issues we discussed with them. We will still need to make sure that the road settling is addressed. Jack has asked the association for their support of the 8 plex vs the 6 plex, and they seem inclined to support it. Good work everyone! • s 1 RogIEDWEMS2619.99 1: JOHN E. MUELLER • 14812 58TH STREET NORTH#3D OAK PARK HEIGHTS MN 55082-6396 TEL: 651-430-0822 Wednesday, August 25, 1999 Mayor Dave Schaaf City Hall Dear Mayor Schaff: At last night's council intermission I spoke to you about the problems we are encountering with the contractor,and the fact that we have been unable to get a complete copy of the Development Agreement with all the exhibits and amendments. Enclosed is a copy of the latest communication which was mailed to Jack Krongard. Thank you for your interest and any assistance will be greatly appreciated. Ye ell .y, • P hn E. Mueller Homeowner alley View Condominiums North Association ' • l a VALLEY VIEW CONDOMINIUMS NORTH ASSOCIATION OAK PARK HEIGHTS, MN August 18, 1999 To: Jack Krongard Subject: VVNCA Issues Jack, Please take a look at the issues mentioned below. I know you feel as though we are being petty, but when you look at the big picture of all of the things we have been faced with in the last 4 years, maybe you'll understand why some people are getting so upset. We have assumed a lot of costs because of work not completed or completed poorly by your workers. You may not even be aware of a lot of these things because of the lack of communication between the Board and yourself This document will serve as notification of those issues and our expectations for completion of the development. We've only got one building left and if we all work together we can make this much easier than it has been in the past. Just as an FYI, the Board has hired a management company to assume the day-to-day activities of the association. Because of this change and additional lawn care services, we have had to raise III the dues to $105.00 effective October 1's. Please update your papers to reflect the increase in the capitalization fee and the monthly dues. Cities Management met with the Board on August 17, to discuss next steps. I informed the managment company of our verbal agreement with you regarding the fourth building;you will assume all actual maintenance costs until the unit is sold, at that time the association will take over maintenance. Overall Issues the Association is currently faced with resolving: Inaccuracies in reserves—The person who calculate the reserves for you, did not account for private street maintenance or repair, maintenance of the holding ponds, or replacement of limited elements. In the declaration they included that the association is responsible for replacement of windows/doors/patios, but these items were never included in the reserve sheet. The Board has checked into having a new reserve study done that will include these items. Needless to say, we were shocked to find out this would cost about $5,000! The Board certainly doesn't recommend either of us pay this amount to have a new study done, but we do feel that you are responsible for helping us estimate these additional costs to the unit owners since they were omitted. We also feel you must update the papers you are providing to potential homeowners to reflect these additions. Legally you should be protecting yourself by providing papers that reflect all of the costs that homeowners will be responsible for. Lack of parking—According to the development agreement, there must be another space available for each single car garage, this means 2 extra spots for all four buildings. If we consider the turnarounds extra parking, those people who live on the end say that they cannot get out of 08/25/99 their driveways. Per the development agreement, there is to be no parking on streets so emergency vehicles can access each unit. This has created major issues that are only going to get • worse as the fourth building is completed. Where do we go for additional parking? Where are the 2 spots as per the agreement? Where are visitors to park? We also plan to discuss this issue with the city council at an upcoming meeting. Shubs—Over the past four years, many shubs and trees have had died and had to be replaced. According to the NuLife (our current landscapers) the initial planting was not done correctly. Roots were not spread out so that a good root system could not get built up. Just this past summer alone, we paid$500 to replace dead trees and shrubs. We will be asking for a warranty on the trees and shrubs that are installed on the fourth building to protect us from this happening again. We would also prefer that you use our landscaping company so we can hold them liable for any issues that may arise in the future. If you choose not to, we will be following up directly with you if there are any issues. Landscaping to property markers—We approached you on this in the past and you didn't feel it was your responsibility to landscape the property to the iron markers. We are now being asked by unit owners to finish this work and don't feel it is our responsibility either. Unit owners have purchased land here and should be able to use the land all of the way to the property markers. In the development agreement you agreed to have permanent iron markers placed at each corner. All we are asking is that on the third and fourth buildings you extent the lots to these markers by leveling and adding rock. This area is not capable of growing sod, so rock is all that is needed. Some trees may need to come down by the fourth building so they don't touch the root but we • would also like to keep as many as possible. Drainage issues along the north side—Issues with drainage by the third building were eventually resolved with the help of J m Butler. As far as the fourth building goes, he has told us that you will be required to place drain tile and rocks along the fourth building,as was done on the third. He will be following up with you as necessary to see that this is completed. Sprinkler system —The association has assumed hundreds of dollars of additional costs to relocate and repair sprinlder heads that were poorly placed or of poor quality. Numerous grass areas were not receiving water and were dying. We are waiting for the most recent bill where we had to add additional sprinklers at the third building. We are willing to assume half of the costs to add these sprinkler heads, but feel you are responsible for the other half. As soon as this bill is received I will let you know the total amount for relocation and what we feel you are responsible for. Maybe you should go back to the person who installed this system for you, based on the revisions we have had to make, I don't think they did a very good job for you. On the fourth building,heads must be placed so that all grass is within watering area. There are to be no sprinkler heads on the north side of the fourth building because of the drainage problem that already exists. We have already assumed the cost of capping these heads on the third building to alleviate this problem. In addition, K Professional Pop-up gear driven sprinkler heads must be used on all association sprinkler heads. We will not assume any additional costs to the • sprinlder system for the fourth building unless you comply with these requests. 08/25/99 Landscaping—Poor and uneven landscaping on the first three buildings has created homeowners who are complaining and wanting their lawns fixed. In the past, we have tried to get you to come 4111 back and fix these uneven areas, you always agreed to but it never happened. We would hie to repair some of the worst areas for unit owners because of the safety risks involved and feel you should be responsible for these repairs. Again, maybe you should be going back to the people you hired and ask them to come back and do it right. They are really doing you an injustice when they complete work in your developments so poorly. We would be happy to get an estimate to have a few of these areas repaired and then discuss further. The fourth building must be leveled before sodding and approved by the Board before we will assume maintenance for it. Decks vs patios—On the first building, you used wooden patios on one end and cement patios on the other end. We worked with Kingwood to get estimates for maintenance of these two different patios. Kingwood provided us with maintenance numbers that varied greatly. We took the decision to the homeowners and they voted that the owners of the two wooden patios should not receive more maintenance dollars than any one else. This decision has not gone over well with one of the owners of the wooden patios. She feels that since you did not tell her that she would have to pay extra to maintain her patio, she is not responsible to. If the people you hired to create the association's papers would have addressed this difference in the bylaws/declaration, we wouldn't be having this problem. Now the Board is faced with addressing this issue legally and financially. We are going to work with our management company to resolve this issue and will have the bylaws/declaration modified if necessary. • Siding damage—The association is going to pay to have all remaining holes caulked and repaired. If any signage is attached to the fourth building, we ask that it be repaired as soon as all units are sold. We will not assume any additional costs in this area. Sod around spillway—We ask that you have someone come back and sod around the left side of the spillway so this project is completed. We are not going to make you fulfill the request for additional bricks along the left side and hope that you will be willing to help out in other areas. Kickboards installed under entryways—You agreed to come back and install kickboards under the entryways of the first two buildings, this was another oversight during initial construction. The Board patiently waited for you to complete this project as you agreed. After a lengthy wait, the Board hired someone to complete this project and has never submitted bills to you. All we ask here, is that the fourth building have kickboards installed under each of the entryways. Kids constantly cutting through property - We understand that you could not have foreseen this problem,but just want you to understand all of the issues we are currently dealing with. The Board is trying to look at long-term solutions to alleviate this problem. Any connections or suggestions you have that may help us solve this problem are much appreciated. Street damage in front of 14824—We do understand that the street top coat cannot be put down in front of the last building until it is finished. We want you to realize that some unit . owners have been living with standing water in front of their homes for four years because of 08/25/99 damage that was caused by your crew's vehicles. The streets must be completed ASAP and will 110 need to be dug up first to be completed properly. Please have your office contact myself when this work is going to be done so we can properly communicate with the homeowners that will be affected by this work. We will also need to address parking issues ahead of time so it is crucial you and I discuss this before the work begins. Settling of curb area on SE corner of Bldg D—The city inspector indicated this corner needed to be repaired and that they will be dealing with you on this issue. Again, please contact homeowners will be affected by this work so we can properly notify them. myself if Kaye Casey 14806 #1 phone 275-9053—Kaye has reported to the association that her garage is not taped. Apparently, this happened in other units too and you came back and finished the work. Please follow up with Kaye directly to have this completed. Kaye has also expressed some concern over structural issues in her garage ceiling that we feel need to be reviewed by you ASAP. Dave Jacobs 14806 #4 phone 430-2052—Dave has reported to the association that there is settling taking plaCe where his driveway and garage floor meet. We feel there could be a potential drainage issue here and that you need to have someone take a look at the problem as soon as possible. We feel this is your responsibility since we should not have to be dealing with damaged concrete that is only a few years old. . Street sweeping—We would hie to be able to have the streets swept every couple months and have the bill sent to your office. It has only been done once since last summer and shouldn't need to be done again until the end of September. We are more than happy to place the call to St. Croix Sweeping so you don't have to worry about it as long as you are willing to pay. Thanks for taking the time to call me and I hope we can work together to complete this development with as few problems for each of us as possible. Please call me to discuss this and any other issues you would hie. Sincerely, Linda Carufel VVNCA Board • 08/25/99 CITY OF OAK PARK HEIGHTS • WASHINGTON COUNTY, MINNESOTA DEVELOPER'S AGREEMENT THIS AGREEMENT, made and entered into this 14th day of November 1994, by and between the City of Oak Park Heights, a municipal corporation under the laws of the State of Minnesota (the "City") , and Krongard Construction Company, a Minnesota corporation (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 Exhibit "A" (the "Development") ; and WHEREAS, the City Council has on October 24, 1994, granted approval to the "Development", on the condition that the Developer enter into this Agreement stipulating the conditions for the installation of street, water, sewer and other private and/or 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". 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 including building sites, 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 grading, drainage and site plan as is specifically approved by the City. A grading plan with maximum two (2) foot contours, building pad elevations, drainage provisions, erosion control provisions and cross sections, as necessary, shall be submitted to and approved by the City prior issuance of • any building permits. Any changes to the grading plan during construction shall be submitted to the City for approval and shall not be implemented on site until f < • r written approval is 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 shall be installed prior to development when 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. All retaining walls must receive separate written approval from the offices of the Consulting City Engineers before construction begins. 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 _X-- 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 install all street name signs at all • 2 r _ intersections and provide other traffic control signs within the subdivision determined to be necessary by the !II 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. F. The Developer shall remove all dead and diseased trees before building permits will be issued. G. The Developer shall be responsible for street maintenance, including curbs, boulevards, sod and street sweeping. All streets shall be maintained free of debris and soil. 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 and ice from all streets. The repair of any damage done to the streets or public utilities shall be the financial responsibility of the Developer and/or Homeowner's Association. All streets located within the development shall be private 111 • drives to be maintained by the developer and/or the Homeowner's Association. Notwithstanding the same, the Police Department of the City of Oak Park Heights, Public Works Department, Municipal refuse hauler, Fire Department and other municipal personnel shall have a right of access over the private drives for purposes of providing services to the effected property owners at reasonable times. H. The Developer shall furnish street lights in accordance with the City's residential street lighting plan. I. All height requirements existing within the ordinances of the City of Oak Park Heights, shall be maintained by the developer. As to all buildings to be constructed on the site of this development. J. Signage. There shall be no signage placed on site unless the same has been submitted to and approved by the office of the building inspector with the consent and approval of the city planner. K. Landscaping Plan. Landscaping plan shall annexed hereto as Exhibit H . and shall be subject to the final approval of theCity Forester with the consent of the • 3 c = r City Planner. 411 General Reauirements: 1. Residential street lighting shall be owned, installed, operated and maintained by the electric utility company (NSP) . Developer and utility company shall enter into a contractual agreement on the rate and maintenance of the street lighting system. A copy of the contract between developer and NSP shall be filed with the City. 2. It shall be the responsibility of the Developer to: a. 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. b. All these costs shall be guaranteed by part of the Plan A security. L. The Developer shall, dedicate a reasonable portion of each proposed subdivision as the City Council reasonably determines to the public for public uses as parks, 410 playgrounds, public open space, trails, or other conditions as required by the City. In lieu of land dedication, Developer shall pay the park dedication fee now prescribed by ordinance and/or resolution. Pursuant to the provisions hereof as and for park dedication fees, the Developer shall pay to the City of Oak Park Heights the sum of $18, 140.00 upon the execution of this Agreement. M. The Developer shall dedicate and survey all storm water holding 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. N. 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 construction of public utilities. 0. 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 4 • principal 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 Clerk 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 - $2, 151.35 per twin home unit. 2. DESCRIPTION OF PLAN A IMPROVEMENTS DEVELOPMENT ESTIMATED COST 1. Boulevard and swale sod $ 1,000.00 2. Boulevard trees $ 2,800.00 3 . Street signs $ 250.00 4. Street lights $ 1, 080.00 5. Utility protection and repair $ 3, 620.00 6. Street protection and repair $ 2,400.00 7. Erosion Control Facilities $ 1,800.00 111 8 . Sanitary sewer $ 17,980.00 9. Water main $ 16,950.00 10. House services $ 12,920.00 11. Storm sewer $ 24, 560.00 TOTAL ESTIMATED CONSTRUCTION COST OF PLAN A IMPROVEMENTS: $ 85, 360.00 ESTIMATED ENGINEERING, LEGAL AND ADMINISTRATIVE (25%) : $ 21. 340.00 TOTAL ESTIMATED CONSTRUCTION COST OF PLAN A IMPROVEMENTS: $ 106,700.00 SECURITY REQUIREMENT (25%) $ 26, 675.00 TOTAL PLAN A ESCROW: $ 133,375.00 3 . CONSTRUCTION OF PLAN A IMPROVEMENTS. A. Construction. The construction, installation, materials • and equipment shall be in accordance with the plans and 5 [ T specifications approved by the City. B. Inspection. All of the work shall be under and subject 41/ 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 requested by the City Engineer and/or the City Attorney. 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. The streets shall be maintained by the developer or its designee as private roads. 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 Certification of Completion 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 ilo 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 or replaced by not later than twenty (20) days prior to its expiration with a like letter or bond. 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 0 6 which is within the Engineer's estimate, the City may consider and allow a reduction of the Letter of Credit • at 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. F. Developer shall be solely responsible for the repair upkeep and maintenance of all Plan A Improvements. The Developer shall retain ownership of all plan A improvements and none shall become the property or the responsibility of the City of Oak Park Heights. The City shall have no duty or obligation to maintain, repair or replace any improvements, streets or water systems, sanitary sewer systems or drainage systems within the "Development. " G. The City of Oak Park Heights shall have full right of access to the area encompassed within the "Development" for police, fire protection services, city public works department and building inspection department. Further, the contract refuse and recycling haulers serving the City of Oak Park Heights shall also have full right of access to the area encompassed within the "Development. " i• 4. 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. 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 4117 1 Agreement by reference as fully as if set out herein in full. D. The City of Oak Park Heights shall file the Developer's Agreement of record in the office of the County Recorder. The Developer or its predecessor's in title shall not amend the declarations of covenants, restrictions and easements for Valley View Estates or the By-laws of the Homeowners Association in any manner that would contradict or conflict with any term or provision of this Development Agreement without the express written consent of the City of Oak Park Heights and any such attempted modification or amendment without the consent of the City of Oak Park Heights shall be void. 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 authority in determining the fairness and reasonableness of all such costs incurred; and the decision by the City Council for the City of Oak 0 Park Heights on any such dispute shall be final and binding. • F. The Developer shall provide to the office of the City Attorneys ' for the City of Oak Park Heights on or before the date of execution of this Development Agreement evidence of ownership of the real property to be platted as Valley View Estates by way of title opinion from a licensed attorney or title binder from a reputable and licensed title company. Such evidence shall display and identify all persons owning any interest in and to the property to be platted as Valley View Estates together with all lien holders or other encumbering interests. All such interests shall be displayed and shall be required to execute consents to this Development Agreement in the manner and form prescribed by the office of the City Attorney. G. Parking is prohibited along all private streets. H. That the Developer shall provide and convey to the City of Oak Park Heights without cost an easement for water, sewer and storm sewer utilities over and across existing locations of sanitary sewer, water main and storm sewer on the plat of Valley View Estates. 411 I. The Developer shall provide and have approved by the City prior to final platting a detail plan for snow removal. 8 Such plan for snow removal shall be incorporated by • reference into the Homeowners Association Declaration of Covenants. (See Exhibit F ) J. Should any signage be desired by the Developer or the Homeowners Association 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. K. That except as is specifically granted and identified within this document or other specific actions of the City of Oak Park Heights, no variances from the Ordinance requirements of the City of Oak Park Heights have been granted affecting this subdivision and planned unit development. L. Detailed landscape plans as submitted shall be subject to the approval of the City Planner. M. The Developer shall provide surface parking stalls that meet the requirements of the zoning code and allow for 24 foot access road widths. N. All utility installations shall be subject to the inspection, review and approval of the City Engineer and 411 shall conform to the specifications and designs recommended by the City Engineer. O. 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, including Bonestroo, Rosene, Anderlik & Associates File No. 55118 out this project. The following specifications, contracts, drawings and reports shall be annexed hereto as Exhibits and incorporated herein by reference as if fully set forth herein: Exhibit "B" Northwest Associates Consultants Planning Report - September 9, 1994. Exhibit "C" Northwest Associates Consultants Planning Report - August 4, 1994 . Exhibit "D" Bonestroo, Rosene, Anderlik & Associates Report - October 11, 1994. Exhibit "E" Interim Grading Permit. Exhibit "F" Valley Garden Homes Declaration. Exhibit "G" Short, Elliott, Hendrickson, Inc. letter of September 26, 1994 . 9 5. SCOPE: This Development Agreement is limited to Phase One of this 411 development affecting construction of the townhome portion identified in the attached Exhibits along with three twin home units. Earlier submissions by the Developer to the City involved a significantly expanded area which has reserved concept approval but is not being platted at this time. The terms of this Development Agreement apply solely to that description identified in Exhibit A at the time that the adjacent lands are developed after receiving final approval, if any, nothing in this Development Agreement shall in any way bind, obligate or affect the City of Oak Park Heights in dealing with subsequent plans and proposals on those adjacent lands and no fees or changes collected herein shall apply or be credited to those fees and changes determined to be due as a result of my subsequent development on those adjacent lands. 6. NO MERGER: The City of Oak Park Heights has previously issued an agreement for issuance of interim grading permit affecting the grading of this and other lands. This Development Agreement does not extinguish the terms and conditions of that Agreement dated October 13, 1994. IN WITNESS WHEREOF, the City and Developer have caused - this Agreement to be duly executed on the day and year first 410 above written. CITY OF OAR PARK HEIGHTS In the presence of: CM?, BY: Aeu..A6". rr Its: Mayor '14n-nnnit-) BY' j i • Its: Administrator/Treasurer DEVELOPER In the presence of: KRONGARD C NSTRU TION COMPANY/ BY: 41 Its: - 4?),5 411 10 110 BY: Its: STATE OF MINNESOTA ) ) SS: COUNTY OF WASHINGTON) On this ie1day of it/;t4e4m.ee-e4- 1994, before m a Notary Public within and fo ,/aid County ersonally appeared 15ct uic‘A and //� to me personally known, beingeach by me duly sworn d`d say that they a ,y respectively the �� and the of the City of Oak Park7Heights, the municipal co oration� m d in the foregoing instrument; and that the seal a fixed 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 authorit of its .City Council and said and ?w, �, � acknowledged said instrument to be the free act a . deed of said municipal co •oration. JUUV L HOLST ' NOTARY PUBLIC •MINNESOTA ' WASHINGTON COUNTY �j�� My Commission Expires 1-17-96 % • • (Notarial Seal) NO +/ Puc STATE OF MINNESOTA ) ) SS: COUNTY OF WASHINGTON) On this l,� day of / ,Q,,,,�p , 1994, before me, a Notary Public within and for said Coy personally appeared a4b4.. 4 and to me personally known, b,ing each by me duly sworn did say that they are respectively the �.�„ � and the of Krongard Construction Company, 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 corporation by authority of its Board of Directors and said -3,04-t S , •t !, and acknowledged said in - to be the free act and deed of said corporation. A UAL'bt Ainr seildx3 uolsslwwo0 hyV A1M100 NOIJNIHSYM V1OS3NNIY4-011911d AUV1ON DNI1tr3IA•r AVM = No; = lic �` min ea Sl) 11 THIS INSTRUMENT WAS DRAFTED BY: 411 MARK J. 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MARKET RESEARCH • PLANNING REPORT TO: Oak Park Heights Mayor and City Council FROM: Dan Licht/Bob Kirmis/Scott Richards DATE: 9 September 1994 RE: Oak Park Heights - Krongard PUD FILE NO: 798.02 - 94.05 EXECUTIVE SUMMARY Background Mr. Jack Krongard, on behalf of Krongard Construction Company, has 411 requested general plan of development approval for a residential planned unit development (PUD) located upon approximately 21 acres of land north of 56th Street North and east of Osgood Avenue. _Specifically, the PUD calls for the construction of 52 townhomes, 22 twinhome units, and 10 single family homes (84 total units) . To accommodate the proposed development, a rezoning of the subject property from a combination of R-1, R-2, R-3 , R-B designation to a PUD designation has been recommended. Attached for reference: Exhibit A - Site Location Exhibit B - Detailed Site Location Exhibit C - Land Use Plan Exhibit D - Preliminary Plat/Grading Plan/Utility Plan Exhibit E - Landscape Plan Exhibit F - Snow Removal Plan Exhibit G - Lighting Plan/Signage Plan Exhibit H - Letter from Washington County Exhibit I - Letter to Jack Krongard Dated 30 August 1994 Exhibit J - Statement from Chuck Schwartz, Bayport Fire Department 411 5775 Wayzata Blvd. • Suite 555 • St. Louis Park, MN 55416 • (612) 595-9636•Fax. 595-9837 Recommendation • Based on the following review, our office recommends approval of the rezoning and PUD general plan of development subject to the following conditions: 1. Submission by the applicant of information required for development plan approval, as outlined in the 30 August 1994 letter to Jack Krongard (see Exhibit I) . 2 . Parking is prohibited along all private streets. If parking is desired along one side of such streets, street widths shall be increased from 24 to 32 feet. 3 . All necessary approvals from Washington County for accessing Osgood Avenue shall be required. 4. The Park Commission provide comment/recommendation in regard to park dedication requirements. it is recommended that a cash dedication of $30, 720 shall be provided the City at the time of finalization of the development agreement. B. Lots 25 and 28 shall be allowed as single family lots contingent on approval by the Building Official of the building style. _ _ 411 6. The submitted grading and drainage plan shall be subject to review and approval by the City Engineer and -Watershed 'District. 7. Detailed landscape plans shall be required for review by City • staff as a part of final plan approval. Y 8 . The applicant enter into a development agreement with the City. The development agreement will be subject to final approval by the City Council . 9 . The applicant submit revised plans that provide surface parking stalls that meet the requirements of the Zoning Ordinance and allow for 24 foot access road widths. 10. The submitted utility plan shall be subject to review and approval by the City Engineer. 11. The applicant submit revised building plans that address the garage size issue. 12 . Detailed signage plans are submitted for City review as a part of final plan approval . 411 2 13 . The submitted copy of the draft restrictive covenants, conditions, and restrictions to be applied to the proposed development shall be subject to City Attorney review and approval. 14. Easements are established along all lot lines and as required by City staff. This issue should be subject to further comment by the City Engineer. 15 . The City shall require access easements over the development's private streets. 16. Street lighting shall be required as per City specifications throughout the development. 17. Comments or additional conditions from other City staff and applicable governmental entities. ISSUES ANALYSIS PUD Zoning. As illustrated on Exhibit B, the subject property overlays four individual zoning designations. Specifically, the following zoning designations overlay the property: Rt-1, Single Family Residential R-2, Low and Medium Density Residential R-3 , Multiple Family Residential R-B, Residential Business Transitional In consideration of the subject development proposal, it is the recommendation of staff that a PUD zoning be applied to the property. Rezoning Judgement Criteria. Section 401.16 .A of the City' s Zoning Ordinance stipulates that in consideration of rezoning requests, the City Council' s decision must be based upon (but not limited to) the following factors: a. Relationship to municipal Comprehensive Plan. b. The geographical area involved. c. Whether such use will tend to or actually depreciate the area in which it is proposed. d. The character of the surrounding area. e. The demonstrated need for such use. Comprehensive Plan. The City' s Comprehensive Plan (Land Use Plan) suggests a mixture of low density residential, mid density residential, and high density residential uses upon the subject property (see Exhibit C) . All proposed uses and use locales are consistent with the City's Land Use Plan. 410 3 • ' Compatibility. The proposed uses and residential densities are considered generally compatible with the existing uses which i surround the subject property as identified below: Direction Use Zonins North High Density Residential South Low Density Residential R-3 East Industrial/Open Space R1 West Semi-Public/Low Density I//O Residential R-B Streets. Public Rights-of-Way. As shown on the submitted concept plan, dwelling units within the subject site are to be served primarily by the completion of the 57th/58th Street loop and an easterly extension of 56th Street North. The connection to Osgood Avenue by 56th Street North provides a necessary second access and is aligned with 56th Street west of Osgood as required by the City and Washington County. Generally speaking, the proposed street configuration appears well conceived and functionally efficient. All ro right-of-way widths and cul-de-sac lengths have been founds to 411 comply with applicable City street standards. The developer has indicated that design and construction of the streets will be done by the Cit contract will outline the necessaryy' Thetdevelopment the City and developer for street construction.aagreements between the Private Streets. Multiple family structures existing upon Parcel 1 and the northern portion of Parcel 2 are to be provided access via private internalized streets. While the proposed 24 foot street widths are considered acceptable widths, such a width allowance will be contingent upon condition that parking be prohibited alongside such streets. Traffic Volumes. Obviously, the introduction of 84 new residential units into the subject ,area will generate a significant amount of traffic upon Osgood Avenue. Washington County has reviewed the proposed connection of 56th Street North to County Road 67 (Osgood Avenue) and found it acceptable (see Exhibit H) . Snow Removal. The applicant has submitted a written snow removal plan and indicated locations for snow storage on the site plan (see Exhibit F) . As required, the snow removal plan includes provisions for removing excess snow off site. • 4 Lots. As noted previously, the proposed development is to include 52 townhomes, 22 twinhomes and 10 single family residential homes. 0 Townhomes. According to Section 401. 03 .D.2 of the Zoning Ordinance, a townhome must provide 4, 000 square feet of lot area per unit. As shown below, the townhomes located north of 58th Street North and between 57th and 58th Streets North satisfy the Ordinance lot area requirement: Number Lot Area of Units Total Lot Area Per Unit Townhomes (north 28 130, 680 sq. ft. 4, 667 sq. ft. of 58th Street) (3 . 0 acres) Townhomes (south 24 145, 340 sq. ft. 4, 592 sq. ft. of 58th Street) (3 .3 acres) Twinhomes. The Zoning Ordinance stipulates that twinhomes must provide not less than 6, 000 square feet of lot area per unit. As shown on the submitted concept plan, twinhome lot sizes range from 6, 000 to 10, 860 square feet in size and comply with minimum lot area requirements. According to Section 401.03 .D.3 of the Zoning Ordnance, the base lot of a twinhome must not be less than 80 feet in width (40 feet of width per unit) . All twinhome lots have been 411 found to meet or exceed minimum lot width requirements. Single Family Homes. As shown on the submitted concept plan, a total of 8 single family lots have been proposed south of 56th Street. Lots 25 (8 , 520 square feet) and 28 (9 , 640 square feet) of Parcel 2 are designed as single family lots, but they do not meet the dimensional requirements. Because of the location of the existing sanitary sewer line and the building style proposed for these lots that is compatible with the twinhomes, the proposed lot sizes are found to be acceptable as a part of the PUD. With the exception of Lots 25 and 28, Parcel 2 , all proposed single family lots meet preferred R-1 District dimensional requirements as reiterated below: Minimum Lot Area Minimum Lot Width 10, 300 square feet 80 feet Off-Street Parking. Considering the width of the proposed private streets (24 feet) , adjacent off-street parking should be prohibited. If off-street parking is desired, the private street width should be increased to 32 feet to allow for parking on one side. Such an expansion in width will ensure effective traffic movement and area safety. 410 5 According to the Zoning Ordinance, two family and multi family dwelling units must provide two off-street spaces per unit. All of 410 the single family and twinhome units appear to meet the requirements via their inclusion of two stall garages and 20 foot driveways. The center townhome buildings include one stall garages for the interior units. The surface parking stalls provided on the site plan will not be allowed in that they encroach on the 24 foot access road width required for access to and around the townhome units. The developer will need to provide revised plans to address this issue. Driveways. Driveways associated with the proposed twinhome units and multi family units have been found to measure 20 feet in length. As such, area exists to park vehicles outside the limits of the designated private streets. Setbacks. While the PUD Ordinance does make provision for interior setback deviations, all perimeter setbacks in the applicable base zoning districts should be upheld. In this regard, all applicable perimeter setbacks in the R-1, R-2, R-3, and R-B Districts have been satisfactorily met. In regard to interior setbacks, the Zoning Ordinance stipulates that no building within a PUD may be closer to another building than one-half the sum of the building heights of the two buildings. The building elevations that have been submitted show compliance 0 with this requirement. Park Dedication. The development proposal does not include park land dedication. The Park Commission should provide comment and recommendation in regard to specific park dedication requirements. Based upon the formula provided in the Oak Park Heights Subdivision regulations, a cash park dedication fee of $30, 720 will be required of the developer. Grading and Drainage. Grading and drainage plasubmitted. Of particular concern are the grad ng hs ave drainage issues along the south property line and the potential effect on existing single family development. These plans are subject to review and approval by the City Engineer and the Watershed District . • Landscaping. The applicant has submitted general landscape plans as a part of the concept plan stage (see Exhibit E) . These plans do not illustrate specific placement and varieties and will require further detail, especially for areas adjacent to the proposed buildings . The applicant has also indicated the general area where trees are to be preserved. The plan shows that a significant area of trees along the south property line which abuts the existing single family houses will be preserved. These plans are subject to further review and approval by City staff. 6 • Development Agreement. As a condition of final PUD approval, the applicant should enter into a development agreement with the City. As part of the agreement, the developers will be required to post security necessary to ensure compliance with the conditions of PUD approval. Trash. The developer has indicated that trash removal will be the responsibility of individual property owners. No further plans will be required. Utility Plan. In accordance with PUD submission requirements, a utility plan has been submitted for review. The plan is subject to review and approval by the City Engineer. Signage. The applicant has submitted a written description of the proposed signs and indicated location on the submitted site plan (see Exhibit G) . However, this description lacks sufficient detail regarding materials and size for review. The applicant should submit detailed signage plans for review which demonstrate material and appearance details . Building Type. As a condition of PUD concept plan approval, specific building plans of the various structure types have been submitted subject to City approval. The plans indicate garage dimensions for some of the proposed units 111 that do not meet the minimum size for parking stalls. This issue is further discussed in a letter to Jack Krongard found as Exhibit I. The developer will need to provide revised building plans that address this issue. Restrictive Covenants. The applicant has submitted a preliminary draft copy of a declaration of restrictive covenants. This document is subject to review and approval of the City Attorney. Easements. In accordance with City subdivision regulations, drainage and utility easements should be established along all lot lines . This issue should be subject to further comment by the City Engineer. The final plat will need to include all required easements . Additionally, the City will require access easements over the development' s private roadways . Emergency Vehicle Access. The Fire Chief has commented on the access issues to the townhome development north of 58th Street. The applicant has indicated preliminary approval from the Fire Chief during a 6 September 1994 meeting (see Exhibit J) . 7 Lighting. The applicant has submitted a general lighting plan. There are to be no yard or street lights. Lights affixed to the 411 garage front of each structure will be operated by a light sensor and will operate from dust until dawn. For safety reasons, our office recommends street lights be installed as per City requirements throughout the development. CONCLUSION Based on the preceding review, our office recommends approval of the necessary PUD rezoning and PUD general development plan subject to the conditions listed in the Executive Summary of this report. pc: LaVonne Wilson Joe Anderlik Mark Vierling Jack Krongard i 8 r - //:. •.04 (1 )••/;A..\\ • l.1o. , •Gia , , I• % ,� / I .7/,, ;'� • r' 7i7jik_ ___ I • r,.. . ..�.�, E ::, _ , i;iI IlLt f itl�inii ill I I• ' U ' it "'-4)I , !. 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DES I G N • MARKET RESEARCH PLANNING REPORT TO: Oak Park Heights Mayor and City Council FROM: Bob Kirmis/Scott Richards DATE: 4 August 1994 RE: Oak Park Heights - Krongard PUD FILE NO: 798 .02 - 94.05 EXECUTIVE SUMMARY Background Mr. Jack Krongard, on behalf of Krongard Construction Company, has I requested concept plan approval for a residential planned unit development (PUD) located upon approximately 21 acres of land north of 56th Street North and east of Osgood Avenue. Specifically, the PUD calls for the construction of 52 townhomes, 22 twinhome units, and 10 single family homes (84 total units) . To accommodate the proposed development, a rezoning of the subject property from a combination of R-1, R-2, R-3 , R-B designation to a PUD designation has been recommended. Attached for reference: Exhibit A - Site Location Exhibit B - Detailed Site Location Exhibit C - Land Use Plan • Exhibit D - Concept Plan Exhibit E - Concept Plan Detail Exhibit F - Letter to Jack Krongard dated 26 July 1994 Recommendation Based on the following review, our office recommends approval of the rezoning and PUD concept plan subject to the following 0 conditions : 5775 Wayzata Blvd. • Suite 555 • St. Louis Park, MN 55416 • (612) 595-9636•Fax. 595-9837 ' 1. Submission by the applicant of information required for concept plan approval, as outlined in the 26 July 1994 letter 411 to Jack Krongard (see Exhibit F) . Af# 2. Units Z5 d 28, Parcel 2 are combined to create a single t ' ' ome 3 . The intersection of Osman Avenue and 57th Street be reconfigured to provide a radial curve. This issue should be subject to further comment by the City Engineer. 4. Parking is prohibited along all private streets. If parking is desired along one side of such streets, street widths shall be increased from 24 to 32 feet. 5 . The applicant submit a snow removal plan. 6. Building elevations/floor plans are submitted for the various dwelling unit types. Such submission is necessary to determine compliance with interior setback standards, applicable height requirements, and park dedication. 7. The Park Commission provide comment/recommendation in regard to park dedication requirements . The applicant shall submit detailed information necessary to calculate park dedication. 8 . A grading and drainage plan is submitted. Such plan shall be 411 subject to review and approval by the City Engineer. 9 . A landscape plan is submitted which specifies the location, type, and size of all proposed plantings. A tree survey will be required to determine the extent of vegetation presently on the site and trees that will be saved. 10. The applicant enter into a development agreement with the City. 11. If applicable, the forthcoming PUD development plan specify trash handling locations . 12 . A utility plan is submitted. Such plan shall be subject to review and approval by the City Engineer. 13 . Detailed signage plans are submitted for City review. 14. The applicant submit a copy of all restrictive covenants, conditions, and restrictions to be applied to the proposed development. All such covenants shall be subject to City review and approval. 15 . Easements are established along all lot lines . This issue should be subject to further comment by the City Engineer. 2 16. Washington County and the City Engineer comments/ recommendations as to traffic issues on Osgood Avenue. 17. The City Engineer and/or Fire Chief provide comment as to the need to establish easements over the development's private streets. Fire Chief to comment on access and equipment maneuverability on the private streets. 18. The site plan is revised to illustrate all exterior lighting locations. I � , 19 . Comments from other City staff. ISSUES I w 0 ISSUES ANALYSIS PDD Zoning. As illustrated on Exhibit B, the subject property overlays four individual zoning designations. Specifically, the following zoning designations overlay the property: R-1, Single Family Residential R-2, Low and Medium Density Residential R-3, Multiple Family Residential R-B, Residential Business Transitional In consideration of the subject development proposal, it is the. recommendation of staff that a PUD zoning be applied to the • property for the following reasons: 1. The PUD zoning will allow the existence of multiple principal structures upon a single parcel of land. 2 . The zoning designations which currently overlay the property fail to correspond with established property lines or right- of-way locations . A PUD zoning would remedy this less than desirable situation. 3 . If the base zoning were to remain (via PUD/CUP) , the City would have established that all uses (besides that being proposed) allowed in the base districts are acceptable on the subject property. This is of particular issue in regard to the R-B zoning designation which provides for commercial uses. 4. The PUD zoning would allow the City to establish control over the use of the property. Rezoning Judgement Criteria. Section 401.16.A of the City's Zoning Ordinance stipulates that in consideration of rezoning requests, the City Council' s decision must be based upon (but not limited to) the following factors: 410 3 a. Relationship to municipal Comprehensive Plan. b. The geographical area involved. • c. Whether such use will tend to or actually depreciate the area in which it is proposed. d. The character of the surrounding area. e. The demonstrated need for such use. Comprehensive Plan. The City's Comprehensive Plan (Land Use Plan) suggests a mixture of low density residential, mid density residential, and high density residential uses upon the subject property (see Exhibit C) . All proposed uses and use locales are consistent with the City's Land Use Plan. Compatibility. The proposed uses and residential densities are considered generally compatible with the existing uses which surround the subject property as identified below: Direction Use Zoning North High Density Residential R-3 South Low Density Residential R-1 East Industrial/Open Space I/O West Semi-Public/Low Density Residential R-B One concern which does exist in regard to compatibility, however, relates to interspersal of two single family homes within the twinhome portion of Parcel 2. Specifically, Lots 25 and 28 are shown to hold single family units rather than two family units which are common to the area. To ensure area compatibility and a cohesive development design, it is recommended that the concept plan be revised to essentially combine Units 25 and 28 into a single twinhome. Streets. Public Rights-of-Way. As shown on the submitted concept plan, dwelling units within the subject site are to be served primarily by the completion of the 57th/58th Street loop street and an easterly extension of 56th Street North. The connection to Osgood Avenue by 56th Street North provides a necessary second access and is aligned with 56th Street west of Osgood as required by the City and Washington County. Generally speaking, the proposed street configuration appears well conceived and functionally efficient. All proposed right-of-way widths and cul-de-sac lengths have been found to comply with applicable City street standards. 411 4 One concern which does exist relates to the acute intersection of Osman Avenue and 57th Street. To improve area circulation and safety, it is recommended that the intersection be reconfigured to provide a radial curve. This issue should be subject to further comment by the City Engineer. Private Streets. Multiple family structures existing upon Parcel 1 and the northern portion of Parcel 2 are to be provided access via private internalized streets . While the proposed 24 foot street widths are considered acceptable widths, such a width allowance will be contingent upon condition that parking be prohibited alongside such streets. Traffic Volumes. Obviously, the introduction of 84 new residential units into the subject area will generate a significant amount of traffic upon Osgood Avenue. Washington County and the City Engineer should provide comment/recommendation as to the ability of Osgood Avenue to accommodate anticipated traffic volumes. Snow Removal. Considering the significant number of townhome driveways which are to access the proposed private street, an assurance should be made that ample area exists to accommodate snow storage. As a condition of PUD approval, the applicant should submit a snow removal plan that includes provisions for removing excess snow off site. Lots. As noted previously, the proposed development is to include S 52 townhomes, 22 twinhomes and 10 single family residential homes. Townhomes. According to Section 401.03 .D.2 of the Zoning Ordinance, a townhome must provide 4, 000 square feet of lot area per unit. As shown below, the townhomes located north of 58th Street North and between 57th and 58th Streets North satisfy the Ordinance lot area requirement: Number Lot Area of Units Total Lot Area Per Unit Townhomes (north 28 130, 680 sq. ft. 4, 667 sq. ft. of 58th Street) (3 .0 acres) Townhomes (south 24 145, 340 sq. ft. 4, 592 sq. ft. of 58th Street) (3 .3 acres) Twinhomes. The Zoning Ordinance stipulates that twinhomes must provide not less than 6, 000 square feet of lot area per unit. As shown on the submitted concept plan, twinhome lot sizes range from 6, 000 to 10, 860 square feet in size and comply with minimum lot area requirements . 410 5 According to Section 401.03 .D.3 of the Zoning Ordnance, the base lot of a twinhome must not be less than 80 feet in width • (40 feet of width per unit) . All twinhome lots have been found to meet or exceed minimum lot width requirements . Single Family Homes. As shown on the submitted concept plan, a total of 8 single family lots have been proposed south of 56th Street. Lots 25 (8, 520 square feet) and 28 (9, 640 square feet) of Parcel 2 are designed as single family lots, but they do not meet the dimensional requirements. With the exception of Lots 25 and 28, Parcel 2, all proposed single family lots meet preferred R-1 District dimensional requirements as reiterated below: Minimum Lot Area Minimum Lot Width 10,300 square feet 80 feet Off-Street Parking. Considering the width of the proposed private streets (24 feet) , adjacent off-street parking should be prohibited. If off-street parking is desired, the private street width should be increased to 32 feet to allow for parking on one side. Such an expansion in width will ensure effective traffic movement and area safety. According to the Zoning Ordinance, two family dwelling units must 0 provide two off-street spaces per unit. All proposed two family dwellings appear to meet this requirement via their inclusion of two stall garages. Setbacks. While the PUD Ordinance does make provision for interior setback deviations, all perimeter setbacks in the applicable base zoning districts should be upheld. In this regard, all applicable perimeter setbacks in the R-1, R-2, R-3 , and R-B Districts have been satisfactorily met. In regard to interior setbacks, the Zoning Ordinance stipulates that no building within a PUD may be closer to another building than one-half the sum of the building heights of the two buildings. In order to determine compliance with this requirement, the submission of building elevations will be necessary. Driveways. Driveways associated with the proposed twinhome units have been found to measure 20 feet in length. As such, area exists to park vehicles outside the limits of the designated private streets . 6 Park Dedication. The development proposal does not include park land dedication. The applicant will need to submit more complete 0 information regarding dwelling unit configuration and number of bedrooms to calculate a cash park dedication amount. The Park Commission should provide comment and recommendation in regard to specific park dedication requirements. Grading and Drainage. As a condition of PUD concept plan approval, grading and drainage plans must be submitted. Of particular concern are the grading and drainage issues along the south property line and the potential effect on existing single family development. Such plans shall be subject to review and approval by the City Engineer. Landscaping. According to the Zoning Ordinance, a landscape plan must be submitted as part of the PUD development proposal. To date, no such plan has been submitted. Of particular issue in regard to landscaping will be the preservation of trees along the subject property' s southern boundary. A tree survey indicating the existing as well as trees to remain in that area will be required. Development Agreement. As a condition of final PUD approval, the applicant should enter into a development agreement with the City. As part of the agreement, the developers will be required to post security necessary to ensure compliance with the conditions of PUD approval. Trash. While it is assumed that trash removal will be the responsibility of individual property owners, this should be verified by the applicant. If centralized dumpster facilities are to be used, the location should be specifically identified. Utility Plan. In accordance with PUD submission requirements, a utility plan should be submitted for review. The plan will be subject to review and approval by the City Engineer. Signage. If signage is to be erected as part of the PUD, detailed sign plans should be submitted in accordance with Ordinance provisions. Sign plans should identify the location, type, and size of all proposed signage. Building Type. As a condition of PUD concept plan approval, specific building plans of the various structure types should be submitted subject to City approval. Such submissions will be necessary to determine compliance with applicable building height requirements. Restrictive Covenants. As a condition of PUD approval, all restrictive covenants associated with the proposed development must be submitted to the City for review and approval. 410 7 • Easements. In accordance with City subdivision regulations, drainage and utility easements should be established along all lot 0 lines. This issue should be subject to further comment by the City Engineer. Additionally, the City Engineer and/or Fire Chief should provide comment as to the need to establish access easements over the development's private roadways. Emergency Vehicle Access. The Fire Chief should comment on the access issues to the townhome development north of 58th Street. Lighting. All exterior lighting locations to be erected in associated with private street construction should be identified on the submitted site plan. CONCLUSION Based on the preceding review, our office recommends approval of the necessary PUD rezoning and PUD concept plan subject to the conditions listed in the Executive Summary of this report. pc: LaVonne Wilson Joe Anderlik Mark Vierling Jack Krongard 411 • 8 aonesrva Rosene Ander,*and Assocates Inc.rs an Afflinfacue AmonyEqualOpporturnry Employer Bonestroo Otto G.Sonestroa P.E. )Toward A.Sanford.PE. woad P.Rau.PE. Mar*a WaPrs PE. Rosene R W ROsme.PE• KlKN A.Gordon.P.E. Agnes he.Ring AJ.C.P. Joseph C.Meserak PE. Robert R.Preen.PE. Thomas Peterson.PE. LM B.JMSM.PE. f Anderiik & PE Manner L Sorvau.PE. RiUard w Amer.Foster.PE. MCrati C.lynch.PE Karen L Richard E.Turner.PE. Davies a Lessem.PE. James R.Malacic PE Wlemrerr.PE. Glenn R.Cook.PE. Robert C Ruaek.A.IA QM R. PE • Associates Thomas E Noyes P.E. Scott 0.° h PE QM la Papp,PE Jerry A.8a+rdon.PE Smd 2 Argusek FE. Douglas 1 Benoit PE Room G.Schurndh PE. Mart A.Hanson.PE Kenneth P Anderson.PE Shawn 0.Gustafson.PE. Engineers & Architects Susan M.Ems.CPA MQam r Raupit P.E. Mart R.Res PE Ceaio Cgviec PE 'Senior Consultant Ted K.Field.PE Malt A.Stip.PE. Peat G.Heim FE. Thomas R.mama AJA Gay W.MMkn.PE John P Gaon.PF. Donald C.Burgos*.P.E Pall 1 Gannon.ALA Ghana A E rIckson Thomas A.VIA PE. Clarke 1 Edgnoon.PE. leo M.Pa milky Frederic 1 Sienna%PE A.Rift Sam*PB. Nolan M.Olson Ismael Ma,onet.PE. Pula 1 Caswell.PE. James F Ergotism PRELIMINARY REPORT ON VALLEY VIEW ESTATES UTILITY AND STREET IMPROVEMENTS OAK PARK HEIGHTS, MINNESOTA FILE NO. 55118 October 11, 1994 • Introduction Krongard Construction Company has submitted a plat for a new residential development to be• as Valley View Estates. The site contains approximately 18.4 acres of land and is located east known Osgood Avenue, between the existing Brekke Heights and Raymie Johnson Estates developments. Valley View Estates is proposed as a mixed density development, 24 twinhomes, and 52 townhome units in 7 individual buildings. consisting of 8 single family homes, The purpose of this report is to define the improvements required to serve the proposed development and to provide cost estimates and a method of cost recovery to determine project feasibility. The general layout of the streets and utilities to serve Valley View Estates is shown on Figure No. 1 attached to this report. Required Improvements As part of the existing developments which surround Valley View Estates, extensive utility and street improvements were made to serve this area. As a result, a large portion of Valley View Estates can be served by making service connections to these existing utilities. However, for the remainder of the site, it will be necessary to construct new improvements. • 5511 Stpreiim.60 2335 West Highway 36 • St. Paul, MN 55113 • 612-636-4600 Sanitary sewer to serve the single family homes can be provided by constructing a new manhole over the existing sanitary sewer line on 57th Street North and extending 8-inch diameter sewer into the single family area. The proposed twinhomes on 57th Street North;and Ozark Avenue North can be served off of the existing sanitary sewer mains on each of those streets. This would be done through a combination of connections to existing services that were installed with the existing main, and cutting new services into the mains at required locations. The three townhome buildings south of 58th Street North would also be served with sanitary sewer from the existing mains on 57th Street and Ozark Avenue. Finally, the four townhome buildings located north of 58th Street would be served by connecting to the existing sanitary sewer system on 58th Street and extending new 8-inch diameter main into the area. In order to provide water service to the single family area, a new 6-inch diameter main would be wet- tapped to the existing 8-inch diameter main located on the east side of Osgood Avenue. New 6-inch diameter mains would then be extended down 56th Street North and Osman Avenue North and — connected connected to the existing 6-inch diameter main on 57th Street. Once the new main is in service, the existing 6-inch diameter main, which presently runs cross country between Osgood Avenue and 57th Street, would be abandoned. Similar to the sanitary sewer, the twinhomes, as well as the townhomes located south of 58th Street,would be provided with water main service off of the existing mains on s :57t• h Street and Ozark Avenue. To serve the townhomes north of 58th Street, two connections :- would be made to the existing 8-inch diameter main on 58th Street. New 6- and 8-inch diameter mains would then be installed on the street and driveway alignments within the townhome area to • serve the four buildings. Once the new mains are in service, the portion of the existing 8-inch diameter main located on the vacated alignment of 58th Street would be abandoned. Individual sanitary sewer and water service lines would be provided for each single family home and twinhome within the development. Water service lines would be 1-inch diameter, while sanitary services would be 4-inch. Service lines would extend 15 feet into each lot to prevent disturbance of other utilities as the homes are constructed. One sanitary sewer and water service would be provided for each townhome building. The water service would be 2 inches in diameter, with sanitary services being 4-inch diameter. The services would be extended to within 15 feet of the wall of each proposed building. In-line cleanouts would be provided on any sanitary sewer services that exceed 100 feet in length. Storm water drainage is generally to the southeast corner of the site. There is an existing 36-inch diameter trunk storm sewer which runs in an east-west direction across the site, generally paralleling 57th Street approximately 200 feet to the south. An existing 18-inch diameter storm sewer extends from this main and runs north along Ozark Avenue to collect drainage from existing Raymie Johnson 551 I8\prelim.60 2 Estates and 58th Street. A new manhole would be placed over the existing 36-inch diameter main • near Osman Avenue with a new collection system extended to receive drainage from the single family area, as well as 57th Street. A second manhole would be constructed over the 36-inch diameter main near the southeast corner of the site. From there, mains would be extended to the intersection of Ozark Avenue and 57th Street and partially up Ozark Avenue to collect runoff. Drainage from the townhome area north of 58th Street will be collected and routed into two small storm water detention basins which will be located within the townhome area. The existing storm sewer system on 58th Street will be connected to and extended to provide the outlet for these basins. It should be noted that for the purpose of this report, it is assumed that the developer will create the storm water basins as part of the overall site grading for the project. No costs have been included here for the design or construction of these basins. Street improvements within this development include the completion of the loop between 57th and 58th Streets through their extension and the construction of Ozark Avenue. In addition, the single family area of the site will contain two public streets, Also, as part of this project, it is recommended that the ext includingnnectron to.Osgood Avenue. existingintersection of Osman Avenue and 57th Street be reconstructed to provide a larger radius curve for easier vehicle movement, as well as • a more desirable and comfortable grade transition between the two streets. Streets and drives located 'within the townhome areas of the site will be constructed privately by the developer. All public streets within the subdivision are proposed to have 60-foot-wide rights-of-way, which is the City standard. All new public streets will be improved to the standard width of 32 feet from face of curb to face of curb, with surmountable concrete curb and gutter, standard residential gravel base and bituminous surfacing. The cul-de-sac will be surfaced to a standard 47-foot radius to the back of curb for vehicle movement and snow plowing. Cost Estimates Detailed cost estimates have been prepared for the construction of utilities and streets to serve Valley View Estates and are included in the Appendix to this report. All costs are based on unit prices anticipated for the latter part of the 1994 construction season and include a twenty-five(25)percent allowance for engineering, legal and administrative costs. No costs are included for capitalized interest during the construction and before assessments are levied. A summary of these costs is shown below: • 5S 118\prelim.60 3 Cost Summary • Item Estimated Cost Sanitary Sewer $ 66,500.00 Water Main 59,400.00 Services 65,900.00 Storm Sewer 145,900.00 Street Base 64,300.00 Street Improvements 144.600 00 Total $546,600.00 All costs shown above must be applied to the subdivision for recovery.- These costs are discussed in detail in the following sections of this report. iTf addition,-connection charges must be applied to the subdivision and included in the overall cost estimates to determine total costs. These connection charges are based on a combination of the area being developed and the proposed land use type, with higher intensity usage being charged at an increased rate. A summary of the applicable connection charges for this development is given at the II end of this report. Cost Allocation As discussed previously, Valley View Estates will consist of 8 single family lots, 24 twinhomes and 52 townhomes. From previous mixed use developments, it has been found that utility lateral and street costs are nearly twice as much for single family homes as compared to townhomes or condominiums. Furthermore, twinhomes fall between these categories, for while each twinhome has its own lot similar to single family homes, the typical lot size and unit size is significantly smaller. Therefore, for the purpose of this report, each single family home will be assigned the value of one equivalent unit, each townhome will be assigned the value of one-half equivalent unit, and each twinhome will be assigned the value of three-quarters equivalent unit. The equivalent unit summary for the development is shown below: • I S51!8\preiim.60 4 VALLEY VIEW ESTATES • 8 Single Family Homes(a7, 1 equiv. unit 8 equiv. units 24 Twinhomes(a3 0.75 equiv. unit 18 equiv. units 52 Townhomes®0.50 equiv. unit 26 equiv. units Total 52 equiv. units Due to the extent of existing public utilities located throughout the site, it will only be necessary to install new public utilities within certain portions of the development in order to provide service to all proposed units. However, no costs are being assigned here to any unit within the development for the existing utilities. Therefore, in order to keep relative costs between all units on an comparable. basis, it is recommended that costs for the new public improvements to be installed under this project be divided equallyamongall units bythe - - --_ .�:.. equivalent unit _- method as outlined above. Because charges vary with each facility, a separate discussion is presented for each of the various improvements. • Sanitary Sewer The total estimated cost of the sanitary sewer improvements to be performed under this project is $66,500.00. The recommended distribution of costs is as follows: Sanitary Sewer: $66,500.00/52 equiv. units $1280.00 /equiv. unit - -.. -_ — .._- Single Family: 1.0 equiv. unit @ $1280.00 $1280.00 /lot Twinhome: 0.75 equiv. unit @ $1280.00 $ 960.00 /unit Townhome: 0.50 equiv. unit® $1280.00 $ 640.00 /unit Water Main Required water main improvements for the development are estimated to cost a total of$59,400.00. The allocation of this cost is: Water Main: $59,400.00/ 52 equiv. units $1140.00 /equiv. unit Single Family: 1.0 equiv. unit @ $1140.00 $1140.00 /lot • Twinhome: 0.75 equiv. unit @ $1140.00 $ 860.00 /unit Townhome: 0.50 equiv. unit @ $1140.00 $ 570.00 /unit 55118\prelim.60 5 • 1 Services • Individual services will be installed to connect each single family home and each twinhome unit to the sanitary sewer and water systems. Only one service will be provided for each multi-unit townhome building. In order not to skew the distribution of costs too heavily onto the single family and twinhome areas, it is recommended that the entire costs for all service improvements within the development be allocated by the equivalent unit method. The resulting charges on a per lot or per unit basis are shown below: Services: $65,900.00/52 equiv. units $1270.00 /equiv. unit Single Family: 1.0 equiv. unit @ $1270.00 $1270.00 /lot Twinhome: 0.75 equiv. unit® $1270.00 $ 950.00 /unit Townhome: 0.50 equiv. unit @ $1270.00 $ 630.00 /unit :. - _ Storm Sewer - The total estimated cost of the storm sewer improvements to be performed under this project is - $145,900.00. The recommended distribution of costs is as follows: • Storm Sewer: $145,900.00/52 equiv. units $2810.00 /equiv. unit Single Family: 1.0 equiv. unit @ $2810.00 - $2810.00 /lot Twinhome: 0.75 equiv. unit @$28I0.00 $2110.00 /unit Townhome: 0.50 equiv. unit @ $2810.00 $1410.00 /unit Street Improvements _ All street and driveway improvements to be performed in the townhome areas will be done privately by the developer. Therefore, the costs of those improvements have not been included in this report and will not be charged against the development. However, it is evident that the townhome buildings located south of 58th Street will receive benefit from the construction of the public 57th Street, Ozark Avenue and 58th Street. Similarly,the townhome area north of 58th Street receives benefit from the existing public 58th Street, even though it was not directly assessed any portion of the cost to improve it. Therefore, it is equitable that the costs of the street base and street improvements for the public streets to be constructed as part of this project be distributed over all portions of the development, including the townhome areas. • 55118\Qreum.60 6 At the time of the Osgood Avenue improvements in 1990, the • the existing property owners stating that no portion of the costs of realign into an and586 agreement with would be assessed to the contiguous and benefitted properties. It is�a g appropriate 58th Streets agreement at this time by deductingPP prate to fulfill that the cost of the equivalent 57th Street realignment from the costs of improving 56th Street and Osman Avenue as part of this project. The total length of streets to be improved as part of total costs of the proposed street improvements on agfos ot b�is 1810 lineal feet. Per basis yields the following:ring the Street Base: $64,300.00/ 1810 LF = Street Improvements: $144,600.00/ 1810 LF _ $7799 92 J LF — .89 J LF At the time the agreement was entered into, the length 350 lineal feet. Based on the current cost estimate , the value of the roposed 57th Street realignment was of the realignment is: Street Base: 350 LF @ $35.52 = Street Improvements: 350 LF $12,432.00 @ $79.89 = $27,96I.50 Deducting the value of the 57th Street reali improvement costs which are to be applied to he subdiviisi sresults in ubdivision following revised estimated street • Street Base: $64,300.00 - $12,432.00 - _ -.- _ $ 51,868.00 Street Improvements: $144,600.00 - $27,961.50 = $116,638.50 Allocating these costs on an equivalent unit basis is as shown below: units un Street Base: $51,868.00/52 equiv. $1000.00 /equiv.Family: 1.0 equiv. unit @ $1000.00 unit Twinhome: 0.75 $1000.00 /lot equiv. unit @ $1000.00 $ 750.00 /unit Townhome: 0.50 equiv. unit© $1000.00 $ 500.00 /unit Street Improvements: $116,638.50/52 equiv. units $2240.00 /equiv. unit Single Family: 1.0 equiv. unit @ $2240.00 unit @ $2240.00 $2240.00 /lot Twinhome: 0.75 equiv. $1680.00 /unit Townhome: 0.50 equiv. unit @ $2240.00 $1120.00 /unit • • 55118\prellim.60 7 Lot Cost Summary . A summary of the lot or unit costs discussed in the previous sections of this report is shown in the following tabulation: Cost/Unit Item Single Family Twinhome Townhome Sanitary Sewer $ 1280.00 $ 960.00 $ 640.00 Water Main 1140.00 860.00 570.00 Services 1270.00 950.00 630.00 Storm Sewer 2810.00 2110.00 1410.00 Street Base 1000.00 750.00 500.00 Street Improvements 2240.00 - 1680.00 1120.00 Total $ 9740.00 $ 7310.00 $4870.00 As mentioned previously, all dwelling units within the subdivision are subject to connection charges which are collected with each building permit as the unit is developed and connected to the public utility systems. The following is a summary of the connection charges which should be applied to io Valley View Estates: Connection Charge/Unit Item Single Family Twinhome Townhome Sanitary Sewer $ 714.26 $ 509.35 $ 341.00 Waterworks 1163.58 891.77 668.46 Storm Sewer 907.89 750.23 475.98 Total $2785.73 $2151.35 $1485.44 In addition to the lots and units being improved as part of this development, there is a 1.60-acre parcel located within the site which is not being improved at this time. The parcel is located north of 56th Street and east of Osgood Avenue, as indicated on Figure No.1. For informational purposes, it is noted here that if this parcel were to be developed with a multi-family townhome building, the total connection charges which would be collected are$11,712.00, plus $600.00 per unit. I 55118\prelim.60 8 Due to the unique situation of the proposed development, with the amount • located on the site, the large number of connections which will be made existing g publicdisruption tiuon of existing street surfaces, etc., there are no recent residential subdivisions to which costs c n e compared. However, the total unit costs determined by this reportcan be acceptable range for a development of this type. certainly seem to be within the Conclusions and Recommendations As a result of the study undertaken, it can be concluded that the construction of utilities and to serve Valley View Estates is feasible, with costs being acceptable for a mixed use develo�� within the City of Oak Park Heights. pment It is recommended that this report be approved and used as a guide for the layou desi --allocation of the public improvements to serve Valley View Estates. It • t' 8n and cost s copies of this report be forwarded to the developer for their reWfurther recommended that concurrence on project feasi�' • Upon receipt of their p I may, preparation of plans and be authorized. specifications for the improvements could • I hereby certify that this report was prepared by me or under my direct supervision and that I am a duly Registered Professional Engineer under the laws of the State of Minnesota. Joseph C. Anderlik Date: October 11, 1994 Reg. No. 6971 • 55118\prelim.60 9 4 APPENDIX • VALLEY VIEW ESTATES COST ESTIMATES Sanitary Sewer 480 Lin. ft. 8" PVC, SDR 35, 8'-l0' deep in pl @ $17.00/If 225 Lin. ft. 8" PVC, SDR 35, 10'-12' deep $ 81 in p1 @ 19.00/1f 4,275.00.00 120 Lin. ft. 8" PVC, SDR 35, 12'-14' deep in pl @ 21.00/1f 50 Lin. ft. 8" PVC, SDR 26, 12'-14' deep in p1 @ 4.00/1f 2 2,520.002 1,200.00 55 Lin. ft. 8" PVC, SDR 26, 14'-16' deep in pl @ 26.00/1f 70 Lin. ft. 8" PVC, SDR 26, 16'-18' deep1 1,430.00 in p @ 28 00/1f 1,960.00 8 Each Std 4' diam. MH, 8' deep w/cstg in pl @ 1250.00 10,000.00 1 Each Construct 4'diam. MH over exist. 8" VCP @ 2000.00 - 2 000.00 28 Lin. ft. 4' diam. MH depth , p greater than 8'@ 100.00/If 2,800.00 1 Each Cut into exist. MH& reconstruct invert @ 500.00 500.00 12 Each 8" x 4" PVC wye branch, SDR 35, in pl @ 50.00 600.00 . 21 Each Core drill exist. 8" VCP and place 8" x 4" PVC saddle for service in pl @ 250.00 5,250.00 11110 50 Lin. ft. 4" PVC, Sch 40, riser in pl @ 15.00/1f 750.00 --.1000 Lin: ft. 'Improved pipe fdn mtl;_6" thick, in pl @ 2.00/1f0. 2,000.00 0 - 30 Lin. ft. Remove exist. concrete curbing @ 4.00/1f 120.00 90 Sq. yd. Remove& restore exist. bituminous surfaced road @ 40.00/sy 3,600.00 120 Sq. ft. Remove exist. bituminous pathway®0.50/sf 60.00 200 Ton l'/2" clear rock for mud break in pl @ 10.00/tn 2,000.00 1000 Lin. ft. Televise sanitary sewer @ 1.00/1f 1,000.00 Lump Sum Traffic control 3,000.00 Estimated Construction Cost $53,225.00 25% Engr., Fiscal & Admin. 13.275.00 Total Sanitary Sewer $66,500.00 I S5118\preiim.60 10 Water Main 1 in cover • 230 Lin. ft. 8"DIP, Cl 52, 7W P @ $20.00/If 970 Lin, ft. 6"DIP, Cl 52, 7W cover in 1 $4,600.00 1 Each 8" gate valve& box in pl @ 600.00 04� 15,520.00 2 Each 6" gate valve& box in pl @ 400.00 600.00 7 Each 5" valve hydrant in pl @ 1400.00 800.00 1 Each Wet tap exist. 8" CIP, incl. 6" GV& box in 1 9,800.00 2300 Lb p Qa 1800.00 C.I. fittings @ 1.00/1b 1,800.00 2 Each Cut in to exist. 8" DIP main 2,300.00 2 @ 300.00 Each Cut 8" x 6" tee into exist. 8" DIP600.00 2main ® 700.00 Each Cut 6" x 6" tee into exist. 6" DIP main @ 500.00 1,400.00 2 Each Cut in to, plug& abandon exist. 6" CIP main 1,000.00 2 Each Plug& abandon exist. 8"DIP main @ 500.40 1,000.00 30 Lin. ft. Remove exist. 8"DIP @ 10.00/1f @ 300.00 600.00 20 Lin. ft. Remove exist. 6" CIP @ 8.00/1f 300.00 40 Lin. ft. Remove exist. concrete curb & 160.00 20 Lin. ft. gutter @ 4.00/lf Construct concrete curb & 160.00 - 80 gutter @ 12.00/If 240.00 Sq. yd. Remove& restore exist. bituminous surfaced road @ 40 00/ • 100 Sq. ft. Remove exist. bituminous pathway @ 0.50/sf. �' 3,200.00 1200 Lin. ft. Improved pipe fdn mtl, 6" 50.00 Lump Sum thick in pl @ 2.00/If - Relocate exist. hydrant @ 1000.00 2,440.00 Estimated Construction Cost 000 00 25%En $47,530.00 gr., Fiscal & Admin. Total Water Main _ 11870.00 $59,400.00 • 551 1 81prelim.60 11 • 1 Services 6 Each Connect to exist. wye or riser($100.00 $ 600.00 0 4 Each 2" corp. stop tapped into 6" plug, complete in pl(a3 250.00 1,000.00 3 Each 2" corp. tapped into exist. 6" or 8"DIP main, incl. saddle (4 350.00 1,050.00 32 Each 1" corporation stop in p1 (4 45.00 1,440.00 7 Each 2" curb stop& box in pl (250.00 1,750.00 32 Each 1" curb stop &box in pl (4 85.00 2,720.00 370 Lin. ft. 2" Type K copper in common trench(a3 18.00/If 6,660.00 1800 Lin. ft. 1" Type K copper in common trench((9.00/1f 16 200.00 1970 Lin. ft. 4"PVC, Sch 40, in common trench(9.00/If 17,730.00 2 Each 4"PVC in line cleanout, complete in pl(300.00 600.00 1490 Lin. ft. Improved pipe fdn mtl, 6" thick in pl (2.00/1f 2.980.00 Estimated Construction Cost $52,730.00 „ -25%Engr., Fiscal&Admin. -- 13.170.00 Total Services $65,900.00 • • 4110 55118\prelim.60 12 Storm Sewer • 105 Lin. ft. 21"RCP, CI 4, 0'-8' deep in pl @ $30.00/1f 125 Lin. ft. 21" RCP, Cl 4, 8'-10' deepin 1 33.00/1f $ 3,150.00 P@ 4,125.00 95 Lin. ft. 18" RCP, Cl 5, 0'-8' deep in pl @ 28.00/1f 680 Lin. ft. 15"RCP, CI 5, 0'-8'deep25.00/1f 2,660.00 in P1 @ 17,000.00 785 Lin. ft. 12"RCP, CI 5, 0'-8' deep in pl @ 22.00/1f 2 Each 18" RCP flared end w/trash guard in pl @ 850.00 1 ,770.00 1 1 Each 15" RCP flared end w/trash guard in pl @ 750.00 1,7 .00 2 Each 12" RCP flared end w/trash guard in p ®650.00 75500.00 1 Each 1,300.00 Const. 8' diam. MH over ex. 36" RCP w/cstg in pl @ 5000.00 5,000.00 I Each Std 7' diam. MH w/cstg in pl @ 4000.00 1 Each Const. 6' diam. MH over ex. 36"RCP w/cstg4,000.00 in pl @ 3500.00 3,500.00 1 Each Const. 5' diam. MH over ex. 36" RCP w/cstg in pl @ 2500.00 2,500.00 1 Each Const. 5'diam. CBMH over ex. 18" RCP w/cstgin 1 2500.00 2,500.00 p @ 2 Each Std 4' diam. MH w/cstg in pl @ 1100.00 10 Each Std 4' diam. CBMH w/cstg in 1 1200.00 2,200.00 P @ 12,000.00 2 Each High capacity 4' diam. CBMH complete in pl @ 1800.00 9 Each Std 2 x 3 precast CB w/cstgn 1 850.00 3,600.005 , , p @ • 3 Lin. ft. 5' diam. manhole depth 7,650.00 p greater than 8' @ 130.00/lf 8 Lin. ft. 6' diam. manhole depth 390.00 p greater than 8' @ 200.00/1f 2 Lin. ft. 8'diam. manhole depth 1,600.00 p greater than 8'@ 350.00/1f 700.00 1 Each Cut in to exist. MH& reconstruct invert @ 300.00 1700 Lin. ft. Improved pipe fdn mtl, 6" thick in pl @ 2.00/1f 300.00 1 3,400.00 110 Lin. ft. Remove& reconstruct ex. concrete curb &gutter @ 15.00/If 1,650.00 170 Sq. yd. Remove& restore exist. bituminous surfaced road @ 40.00/sy 6,800.00 100 Sq. ft. Remove& restore exist. bituminous pathway @ 2.50/sf 19 Each Erosion control at catch basin @ 75.00 250.00 300 Lin. ft. Erosion control fencing @ 3.00/1f 1,425.00 400 Lin. ft. Hay or straw bale diversion in place @ 3.00/1f900.00 0.7 Acre Seeding w/mulch anchored in place @ 2400.00/ac 1,200.00 1,680.00 200 Sq. yd. Sodding w/topsoil in place @ 3.00/sy 600.00 400 Sq. yd. Overflow swale grading incl. topsoil & sod in pl @ 6.00/sy 2,400.00 Lump Sum Establish overflow spillway 2.500.00 Estimated Construction Cost $116,700.00 25% Engr., Fiscal & Admin. 29 200.00 Total Storm Sewer $145,900.00 55118\prelim.60 13 . Street Base 1500 Sq. yd. Subgrade preparation©$0.50/sy • 2450 Cu. yd. Core excavation(cry 3.50/cy $ 750.00 8,575.00 5400 Ton Aggregate backfill in place©4.25/tn 22,950.00 3050 Ton Class 5 gravel base in place(a3 5,50/tn 775 200 Lin. ft. 4"PPVC drainline in place I® 10.00/W 16,000.00 4 Each Cut in to exist. pipe or structure(x3100.00 2,400.00 0Estimated Construction Cost 40.00 25%Engr., Fiscal & Admin. $51,450.00 Total Street Base 12.850 00 $64,300.00 i • 551181p eIim.60 14 • Street Improvemnts . 790 Lin. ft. Remove exist. concrete curb & gutter®300 Lin. ft. Remove exist. bituminous curb @ 3.00/1f OO�f $ 3,160.00 100 Sq. yd. Remove exist. bituminous surfacing 900.00 2200 @ 3'00/sy 300.00 Sq. yd. Milling exist. bituminous surfacin 3 Lum p Sum Reg, " thick®6.00/sy 13'200.00 Remove exist. temporary cul-de-sac Lump Sum Grading& prep. of Osman Ave./57th St. N. int 1,500.00 8500 Sq. yd. Subgrade preparation @ 0.50/sy ersectton 2,000.00 870 Ton Class 5 gravel base in pl @ 5.50/tn 4,250.00 790 Ton Type 31 bituminous base, incl. AC-1 in pl (a3 25.00/tn 4,785.00 790 Ton Type 41 bituminous base, incl. AC-1 in pl (a3 2700/tn 19, 30.00 420 Gal Bituminous mat'! for tack coat in pl @ 1.00/gal 21,330.00 4300 Lin. ft. Surmountable concrete curb &gutter in pl (a3 5.00/1f4 .00 180 Lin. ft. Bituminous curbingl 3.00/1f 21,500.000 in 160 Lin, ft. p @ 540.00 Saw cut exist. bituminous surfacing®3.00/1f 9 Each Adjust exist. manhole casting480.00 @250.00 22 Each Adjust exist. catch basin casting2,250.00 @ 200.00 3 Each Adjust exist. valve box @ 150.00 4,400.00 • 6 Lin. ft. Valve box extension in place @ 50.00/1f 450.00 3 Lin. ft. Hydrant barrel extension in place @ 300.00/1f 300.00 120 Lin. ft. Remove& replace conc. curb & gutter 900.00 p @ 15.00/1f 1,800.00 25 Hour Boulevard grading @ 75.00/hr 1.2 Acre Seeding w/mulch anchored in place @ 2400.00/ac 1,870.00 850 Sq. yd. Sodding w/topsoil @ 3.00/sy 2,880.00 10 Hour Street sweeper w/operator @ 60.00/1r 2,550.00 10 Hour Bobcat w/operator for cleaning @ 60.00/hr 600.00 50 MG Water for dust control @ 15.00/MG 600.00 750. 1 Each Remove existing double wood barricades @ 200.00 200.00 Lump Sum Surface preparation for bituminous wear course 00 Estimated Construction Cost •000 00 25% Engr., Fiscal & Admin. $115,670.00 Total Street Improvements 28.930.00 5144,600.00 • 551181pre1im.60 15 / k 4/512AL ffrIA...3 0 H/ s\ , , , , ii - . Q �/ \\ 4 5 4 5 I VW'El rl p Z-s p I 13 / / I M. I PROPOSED I I I , . vi�� j(�(1 I �// IPROPOR SED \\ 1 2 3! 6 S( 4 � SANER SANITARY I 1 rl�p �/ LI� d I (X // /.. ,WATER I6L5�4� I t �� U �U rxl ,/ I -- �— J' I PROPOSE 11771 • I o ff -... „ � � I� • s ,t8tfa. St. N // I , \\ �,i:lI U j Q \; , -moi i/ii Mil, ../ ..:Z,.!iiii/.•�i %iJi ---- j ...-...-1 /� I \� r�/�f/-/ilii iii u�- ,� s-�: _,,,,.,��-' `•��=�= ,iii • 'ilii/. ///// iii��// � I , 4'• �3, ZZ/7 ////// //j /i MN Oil%&iZE-1 i r,i 1 ' 2 3 4 1 2 3 4 1 2 3 4 32 1 Q ,0/ _—i r.- �, . 8 7 6 5 8 7 6 5 8 7 8 5 // '� ,:l, EXISTING PROPOSED 1 Fri I 0Qy i /j %i %i VJ 4� -— gillii /4 iii 1 . •ROP.S . / I \7e ;___24• / P5 OR111- 17 18 19 20 21 22 23 "� 11` 2T\�►r4 r+' 9 ' _ _-- ii5 I " :/t ). \ A......2 j ` E. ar srS1$i�5-4;/ • W %�j PROPOSED /... � i Z 7 t EWESANWR 3 Q / % 4 A4\ PROPO z. I � 'y ATER • .---- 6 5 dal IIMm, Ir ler I I 0ISI • 1/;, .'1 56th S re - t U N• > 11 49/ 7(1E/ h/75' NO. 2 -3--. i N0 0 200 40C Scale in feet 41) LOCATION PLAN ill Bonestroo Rosene is OAK PARK HEIGHTS, MINNESOTA FIGURE 1 in Anderlik Associates VALLEY VIEW ESTATES L:\55 _:3 18R.-: : :C CCT. :o, �.,, .4. a' . AGREEMENT FOR ISSUANCE OF INTERIM GRADING PERMIT i WHEREAS, Krongard Construction Company has applied for a Planned Unit Development within the City of Oak Park Heights; and, WHEREAS, Krongard Construction Company has received concept approval on the Planned Unit Development; and, WHEREAS, Krongard Construction Company has applied to the City for an Interim Grading Permit to be allowed to grade and seed the area to be improved by the Planned Unit Development prior to the onset of winter 1994 anticipating that the balance of development will be completed throughout 1994 and 1995; and, WHEREAS, the Office of the City Engineer has reviewed the grading and ponding plans as it affects the Planned Unit Development and has determined that the appropriate level of • security would be in the amount of $30, 000.00 to secure to the City the prompt and proper grading, seeding and ponding that is necessary to serve this development; and, WHEREAS, Krongard Construction Company has received also preliminary approval from the Middle St. Croix Valley Water Management Organization, who has temporarily approved the grading and ponding plan; and, WHEREAS, Krongard Construction Company acknowledges that they would be preceding at their own risk in that there has not been a final approval granted as to the Planned Unit Development application and acknowledges that the work that it may be implementing on an interim basis may be of no benefit and may be lost to them if the Planned Unit Development is not granted in final form; and, ' 41 WHERE, Krongard Construction Company P Y recognizes and 410 acknowledges that the City of Oak Park Heights shall not be bound to issue any final Planned Unit Development and may under its own regulations and in the public interest, modify, amend, change or otherwise alter aspects of the Planned Unit Development as applied for or otherwise refuse to issue same, if the same does not comply with the ordinances and regulations of the City of Oak Park Heights or the interests of the Public as served by the City of Oak Park Heights. NOW, THEREFORE, BE IT RESOLVED by the City Council for the City of Oak Park Heights and Krongard Construction Company as follows: 1. That the proposed Development to be known as Valley View - Estates as proposed by Krongard Construction Company shall be 111 allowed to proceed with interim grading, pondingand seeding in the manner and form as approved by the Office of the City Engineer. 2 . That prior to the commencement of any work on the interim grading permit to be issued by the City, Krongard Construction Company shall deposit with the City by way of cash or irrevocable Letter of Credit, a security of $30, 000.00. 3 . That in the event the City Engineer determines that Krongard Construction Company is not performing the grading, ponding and seeding in an acceptable manner or creates a condition upon the site which is dangerous or hazardous to the public safety, creates unacceptable levels of erosion or exposure for risk of future erosion to the site or to adjoining properties, the City of 2 Oak Park Heights may, without notice to the Developer, apply on the cash deposit or Letter of Credit to secure funds necessary for the i --- City to complete- the interim grading, seeding and ponding in a manner acceptable to the Office of the City Engineer. Dated this 13th day of October, 1994. KRONGARD CONSTRUCTION COMPANY CITY OF OAK PARK HEIGHTS -7 BY: 41JAN } 79./.2 By: /7/4444--/- dy 1st Its ii^G S eputy Clerk 410 110 3 acr,-ria �� i i e1 :'4 YMKRONGARD 430 3921 P. 01 BYLAWS OM VALj,13X V.lEw CONDOM'I:N:I:UMS NORTH ASSOCIATION, A MINNESOTA NON-PROVIT CORPORATION • ARTICLE I - N11M.i AND oivri;: oi: :IINCORPORATION Section 1. �laiva. The name of Lbs corporation is Valley view Condominiums North Association ( "Association") . The Association is formed pursuant to Chapter 3L7A and Sections 51513 , 1-101 gL•, gag. , Minnesota Statutes, known respectively as the Minnesota Non-Profit Corporation Act and the Minnesota Common Interest Ownership Act (the latter being referred to herein as the "Act" ) , and laws amendatory thereof and supplemental thereto. The terms used in these Bylaws shall have the same meaning as they have in the Act, except as otherwise specified herein. Section 2 . .P.1;e g_ID =p2 'aL'ia4. The Articles of Incorporation of the Association were filed in the office of the Secretary of State of the State of: Minnesota on December 6, 1994 . • ARTICLE ii: - MJs"Mist?RS1I:1:1:' AND VO'L'INC Section 1 . 1gl,1,g,1.)? .),.;i,t;.x• The membership ofthe Association shall consist of the Unit Owners of the Units within Common Interest Community No. 74 (The "CIC") known as Valley View Condominiums North, Washington County, Minnesota. Membership in the Association shall be appurtenant to, and shall not be separated from unit ownership in the CIC. A person shall cease to be a member of the Association at such time as the person ceases to be a Unit Owner of a Unit . Bach Unit shall have one vote. Where there is more than one Unit Owner of a Unit, all of such Unit Owners• shall be members of the Association and the vote allocated to that Unit in accordance with the Declaration and these Bylaws shall be cast as the Unit Owners among themselves may determine and signify in writing to the Association, but in no event: shall more than one vote be cast with respect to any Unit nor shall the voLe allocated to a Unit be split or otherwise cast separately by the Unit Owners. Where there is more than one Unit Owner of a Unit, the Unit Owners thereof shall notify the Secretary of the Association in writing of the name of the Unit Owner who has been designated to cast the vote attributable to that Unit on behalf of all of the Unit Owners of that Unit . I1: the Owners of a Unit cannot agree on the Unit Owner who is to be designated to cast the vote attributable to the Unit owned .by such Owners, or on the manner in which such vote is to be cast, the Unit Owners shall submit such dispute to the Board of Directors of the Association. The Board of Directors shall resolve such dispute in the manner determined by the Board of Directors to be fair and equitable and such determination shall be binding on said Unit Owners. Membership in the Association shall automatically pass when the- ownership of a •Unit is transferred in any manner. Section 2 . Regial:ral:i D_D Owi er. It shall be the duty of each Unit Owner to register with the Secretary of the Association in writitag (i) the name and address of such Unit Owner; (ii) the nature and satisfactory evidence of such Unit Owner' s interest or estate in a Unit; and (iii) the adgreeses at which such Unit Owner desires to receive notice of any duly • , SEP-08-99 WED 01 :55 PM KRONGARD 430 3921 P:02 called meeting of the Members . IC a Unit Owner does not register as provided in this paragraph, the Association shall be under no duty to recognize the rights of such person hereunder, and shall not recognize such person' s right to vote as provided herein, but such failure to register shall not relieve a Unit Owner of any obligation, covenant or restriction under the Declaration or these Bylaws . If there is more than. one Unit Owner of a Unit, each must ex.ei:ui:e the ,:egi;,tration as provided in this paragraph. Section 3 . Ma-iority of gAngrq. As used in these Bylaws, the term "Majority of Owners" shall mean Owners holding 50% of the total number of votes in the Association. Section 4 . Proxies. Owners may execute a written proxy statement appointinga third party to cast: the Owner' s vote at an annual or speciaAssociation meeting . The Owner must file the proxy statement with the Association secretary before the appointed time of each meeting. A proxy statement shall be valid for a period of one year unless the proxy statement itself indicates that it is valid for a different period of time. Section 5 . Ouoruiu. Exceptas otherwise provided in these Bylaws, the presence of a Majority of Owners eligible to vote, in person or by written proxy statements, shall constitute a quorum. Section 6 . Place of Meetings. Meetings of the Association shall be held at the office of the Association or such other suitable place convenient to the Owners as the Board may designate . Section 7. Annual Meetings. The first annual meeting of the Association shall be held on the second Tuesday in January, 1995 . Thereafter, the annual meetings of the Association shall be held on the second Tuesday in January of each succeeding year or at such other time and place as the Board of Directors may, from time to time reasonably determine. At each annual meeting, the Owners shall elect one or more Directors in accordance with the requirements of the Bylaws. The Owners may also transact such other business of the Association as may properly come before then. Section 0. Special Meetiess. The Association president shall call a special meeting of the Owners if; (a) The Board adopts a resolution directing the president to call a special meeting; (b) A Majority of the Owners execute and present to the Association' s secretary a petition requesting a special meeting of the Owners; or • (c) A duly authorized representative of the Federal Housing Administration ( "FIIA") or the U.S. Department of veterans Affairs ( "VA") makes a written request that the Association call a special meeting of the members. 411 -2- 110, SEP-08-99 WED 01 :56 PM KRONGARD 430 3921 P. 03 No business shall be transacted at a special meeting except as 411 stated in the notice provided pursuant to Section 9 unless four-fifths (4/5) of the Owners present in person or by proxy consent to the transaction of additional business . • Section 9. tot-1,pe ofMeetings. It shall be the duty of the secretary to mail a notice of each annual or special meeting to each Owner of record, at least 21 days prior to such meeting for annual meeting and at least 7 days prior to such meeting for .special meetings, but not more than 30 days . prior to such meeting. The mailing of a notice in the manner provided in this section shall be considered notice served. Notices of all meetings shall be mailed to the director of the local office of the FH and VA, if applicable . The notice shall state the purpose of the annual or special meeting; the time and place where the annual or special meeting shall be held; and shall include a complete agenda for the annual or special meeting. Section 10. Adlourned Meetings,. If any meeting of Owners cannot be organized for lack of a quorum, a majority of the Owners who are present, either in person or by proxy, may • adjourn the meeting to a time not ess than 48 hours from the time the original. meeting was called and this process may be continued until a quorum can be obtained. Section 11. Order of 13_ usi�c_ss. The order of business at all annual meetings of the Owners shall be as follows: (a) Roll call . (b) Proof of notice of meeting or waiver of notice. (c) Reading of minutes of preceding meeting. (d) Reports of officers . (e) Report of FHA and or V1 representative, if present . (f) Report of committees . (g) Election of inspectors of election. (11) Election of directors . (i) Unfinished business. (j ) New business . ARTICLE III - BOARD 01? DIRECTORS Section 1. ec a.rant Qq trob. The Declarant shall designate the Association' s initial Board of Directors (The "Board") . The Declarant shall also have the right to designate and select successors to the initial directors as may be required from time to time . Except as provided below, the Declarant shall control the Board of Directors for five years -3- r°°.. SEP-08-99 WED 01 :57 PM KRONGARD 430 3921 P: 04 C from the date of the filing of the Declaration. The period of 411 Declarant control will terminate before the expiration of the five-year period only upon Declarant' s voluntary surrender of control to the Owners or sixty (60) days after the date Declarant has conveyed 75i: of Lite Units to Owners other than a Declarant . During the 60-day period referenced above, the Owners shall elect a new Board at an annual meeting or at a special meeting called for that purpose . Sixty days after the date Declarant has conveyed 50% of the Units to Owners other than a Declarant, Owners other than Declarant shall elect less than 33-1/3% of all the members of the Board at an annual meeting or at a special meeting called for that purpose. In determining whether the period of Declarant control has terminated or whether Owners other than Declarant are entitled to elect members of the Board, the percentage of the Units which Declarant has conveyed is presumed to be that percentage which would have been conveyed if all of the UuJ.ts which Declarant has built or reserved the right to build in the Declaration were included in the CIC. Since Declarant has reserved the right to add the Additional Real Estate to the CIC, the number of Unite conveyed must be divided by the totel number of Units which may be added to the CIC twenty-two (22) Units to determine if Declarant has sold the requisite percentage of Units to Owners other than Declarant . Section 2 . N her and 01alif i_c.al_i,oij,. The Board shall consist of three members until such time as the Association holds the election required after 50% of the Units have been conveyed to Owners other than a Declarant . After that election, Board shall consist of five (5) directors . The Declarant shall select three of the directors, and the Owners shall elect two of ' the directors . After 75% of the Units have been conveyed to Owners other than Declarant, the Owners shall elect all five members of the Board. Each member of the Board, unless selected by Declarant under Section 1 above, shall be one of the Owners and shall reside in the CIC; provided, however, that if an Owner is a corporation, partnership, trust or other legal entity other than a natural person or persons, then any designated ,agent: of such corporation, partnership or other legal entity, or beneficiary of such trust, may serve as a director if such agent or beneficiary, unless an agent of the Declarant, also resides in the CIC. Section 3 . Election and Term of Or, •ice. At the first annual meeting of the Association following termination of Declarant control, the term of office of two directors shall be fixed for three (3) years. The term of office of two directors shall be fixed at two (2) years, and the term of office of one director shall be fixed at one (1) year. At the expiration of the initial term of office of each respective director, the director' s successor shall be elected to serve• a three-year term. Directors take office upon election and hold office until successor directors are elected and hold their first meeting. . Section 4. Vacancies. Except as provided below a majority of the remaining directors shall vote to fill vacancies on a Board even though the remaining directors may constitute less 410 than a quorum. Each director so elected shall be a director -4- SEP-08-99 WED 01 :57 PM KRONGARD 430 3921 P. 05 until the Owners elect a successor at the next annual meeting of the Association. The Declarant may appoint a director to fill a vacancy which occurs on the Board during a period of Declarant control . If a Majority of Owners remove a director pursuant to section 5, the Owners shall elect a director to replace the director removed. Section 5 . Aemoval of Directors . A Majority of Owners may, with or without cause, remove a director whom the Owners elect, but not a director whom the Declarant appoints, at any annual .or special meeting duly called, and the Owners shall immediately elect a successor to fill the vacancy created. If the Owners propose the removal of a director, the director shall be given an opportunity to be heard before a vote is taken on the director' s removal . Section 6 . Organizational Mectigg. The first meeting of a newly elected Board nhai.:l be held within ten (10) days of election at such place as the directors shall determine at the meeting at which the directors were elected. No notice shall be necessary to the newly elected directors in order legally to ' constitute such meeting, provided a majority of the Board is present at the meeting. Section 7 . l pular Meegivag. The Board may hold regular meetings at the time and place as a majority of the directors shall determine . At least two regular meetings shall be held during each fiscal year. Notice of regular meetings of the Board shall be given to each director, personally or via mail, telephone or telegraph, at least three (3) days prior to the date of the meeting. Section B . special. Meet:,, c s . The president may call special meetings of the Board on three (3) daye days telephone or telegraph, and shallvstate�theatitme, via or mail,d purpose of the meeting . The place and meeting of the Board pon the written requestcooflat leasttwo(2) directors . Section 9 . W z r of NoL,ice. Before or at any meeting of the Board, any director. may, in writing, waive notice of the meeting and the written waver shall be deemed equivalent to the giving of notice. A director' s attendance at any meeting of the Board shall constitute the director' s waiver of notice of the meeting. If all the directors are present at any meeting of the Board, no notice shall be required and any business may be transacted at such meeting. Section lo. Quorum. At all meetings of the Board, a majority of the directors shall con9titute 'a quorum for the transaction of business, and the acts of the majority of the directors present at a meeting at which a quorum is present shall be the acts of the Board. If, at any meetin of Board, there be less than a quorum the those present may adjourn the meetin9eandtrescheduj.erthe of with proper notice and for a time which is within thirt•with days of the originally schedi.i].ed meeting. At any such y (30) • -5- SEP-08-99 WED 01 :58 PM KRONGARD 430 3921 P:06 (!) C rescheduled meeting, any business which alight have been transacted at the meeting as originally called may be transacted. " Section 11. glectronic ,Meetings. A conference among directors via any means of communication through which the participants may simultaneously hear each other during the conference constitutes a meeting of the Board if the same notice is given of the conference as would be required for a meeting, and if the number of persons participating in the conference would be sufficient to constitute a quorum at the meeting. The participation in the meeting by that means constitutes a . directors presence, in person, at the meeting. Section 12. lowers and Duti,ps. The Board shall have the powers and duties necessary for the administ:ration of the affairs of the Association and may do all such acts and things except those which the Association is not authorized to or is prohibited from delegating to the Boarck. The powers and duties. of the Board acting on behalf of the Association shall include, but shall not be limited to, the following : (a) Adopting and amending Rules and Regulations governing the use of the Common Elements or the Units; (b) Adopting and amending budgets of revenues, expenditures and reserves and collecting assessments for Common Expenses from Owners; (c) Hiring and terminating managing agents and other S employees, agents and Independent contractors; (d) Instituting, defending' or intervening in litigation or administrative proceedings in the name of and on behalf of the Association or two or more Owners on matters affecting the CIC and, under appropriate circumstances to commence any and all legal or equitable actions to enforce the provisions of the Declaration, Bylaws and Rules and Regulations or the Association. (e) Regulating the use (including prohibiting use) , maintenance, repair, replacement and modification of Common • Elements; (f) Causing improvements to be made as a part of the Common Elements; (g) Granting leases, licenses and concessions not to exceed one year and utility easements through or over the Common Elements; provided, however, that after conveyance to Owners other than the Declarant of Units to which more than 50% of the voting power is allocated, the 'Association may by resolution at a meeting of the Owners duly called grant leases, licenses and concessions in excess of one year and easements through or over the Common Elements; (h) Imposing and receiving any payments, fees or charges for the use, rental or operation of the Common 410 Elements other than Limited Common Elements; 4 • �• tr -6- '_5EP-08-99 WED 01 :59 PM KRONGARD 430 3921 P. 07 `1.✓1 (i) Imposing reasonable charges including reasonable cos and attorneys' roes for the evaluation, preparation and 'recordation of Amendments to the Declaration, resale certificates or statements of unpaid assessments; (j ) Providing for the indemnification of directors and officers and maintaining directors' and of ficers' liability insurance; (k) Imposing charges for late payment of assessments, and, after notice and au opportunity to be heard, levy reasonable Eines for violations of the Declaration, Bylaws and Rules and Regulations of the Association; (1) Opening bank accounts on behalf of the Association and designating the signatories required therefor; (m) Purchasing, leasing or otherwise acquiring Units offered for sale or lease or surrendered by their Owners to the Association in the name of the Association, or its designee, corporate or otherwise, on behalf of all Owners; (n) Purchasing Units at foreclosure or other sales in the name of the Associations, or its designeeaicial corporate or otherwise, on behalf of a7l Owners; (o) Selling, leasing, mortgaging or otherwise dealing with Units acquired by, and subleasing Units leased by the 411 Association or its designee, corporate or otherwise, on behalf of all Owners; (p) Organizing corporations to act as designees of the Association in acquiring title to or in leasing of Units on behalf of all Owners; (q) Obtaining insurance for the CIC, incg Units pursuant to the p1:ovls;ic,su3 of the Declaration; the (r) Making repairs, additions and improvements to the property and repairs to and restoration of the CIC in accordance with the other provisions of the Declaration and these Bylaws, after damage or destruction by fire or other casualty, or as a result of condemnation or eminent domain proceedings; oLCo�►a) Commencingsappropriate legal action for collection after provided; (t) Making improvements and replacements to the CTC of a cost not to exceed $25, 000 per improvement or $50, 000 for all improvements or replacements over a. twelve-month (12) period without further approval of a Majority of the Owners attending (personally orb proxy) g such purpose; y at a meeting called for • 111 (u) Approval of all payment vouchers b the Association, or, if authorized by the Board,' officer of managing agent ; by the , -7- SEP-08-99 WED 02 :00 PM KRONGARD 430 3921 P. 01 •a (v) Preparing the annual report to the Owners; III (w) . Preparing all certificates required in connection with the re-sale of Units; (x) Settling all disputes, claims, controversies or litigation with or against Declarant, general contractors, subcontractors , architects and/or engineers relating to or arising from the construction, maintenance or operation of • the Common Elements or matters common to two or more Units; (y) Exercising any other powers conferred by state law, the Declaration or Bylaws . Section 13 . managing Agent.. The Board may employ a managing agent for the Association at a compensation to be established by the Board, to perform such duties and services as the Board shall authorize and direct . ARTICLE IV - OFFICERS ICEUZ Section 1. Deslogation. The principal officers of the Association are to be a president, a vice president and a secretary-treasurer. The Board shall elect officers. The president, vice president and secretary-treasurer shall be directors . The directors may appoint an assistant treasurer and an assistant secretary and such other officers as in their judgment may be necessary. Section 2. Election of Oiticer's_. The Board shall elect the • officers of the Association annually at the organizational meeting of each new Board. Officers shall hold office at the pleasure of the Board. Section 3 . Removal of Ofi iced A majority of the directors may, by affirmative vote, remove any officer either with or without cause. The Board shall elect a successor at any regular meeting ol: the Board or at any special meeting of the • Board called for such purpose . Section 4 . Pregldent;. The president shall be' the chief executive officer of the Association. He or she shall preside at all meetings of the Association and the Board. He or she shall have all of the general powers and duties which are usually vested in the president of a Minnesota non-profit corporation including, but not limited to, the power to appoint committees from among the Owners from time to time as he or she may in his or her discretion decide are appropriate to assist in the conduct of the affairs of the Association. Section 5 . Vice psgsideng. The vice president shall take the place of the president and perform his or her duties whenever the president shall be absent or unable to act. If neither the president nor the vice president is able to act, the Board shall appoint to act as president on an interim basis. The vice president shall also perform such other duties as the 411 Board may improve on him or her. 4 • -8- . t1--d8-99 WED e2 :01 PM_ KRONGARD 430 3921 P. 02 .' . 1 (:) ' , Illf . . Section 6 . Secretary-Treasurer. . The secretary-treasurer shall keep the minutes of all meetings of the Board and the minutes ' of all meetings of the Assoc xatlon. lie or she shall have charge of such books and papers as the Board may direct ; • shall , in general, perform all the duties incident to the office of secretary; shall have responsibility for Association funds • and securities; shall keep Cull and accurateaccounts of all receipts and disbursements in books belonging to the ' Association; shall be responsible for depositing all monies and other valuable effects in the name and to the credit of the Association in such depositories as the hoard may from time to ' time designate . ARTICLE V •- BUDGET AND ASSESSMENTS c t Section 1. nit �aludgeL. Before the conveyance of the first: Unit to a purchaser other than a Declarant, the Board shall adopt: an initial budget containing an estimated cash requirement for the expenses of the .Association for the period commencing with the first day of: the mouth in which the sale of the first Unit is closed and ending on December 31 of the calendar year in which such sale occurs . Section 2 . anneal 13udc et.. l!or each calendar year after the year in which the first Unit is sold to a purchaser other than a Declarant , the Board shall create an annual budget estimating the amount necessary to pay the cost of wages, materials, III insurance, services and supplies and other expenses of the Association including unpaid assessments from the current or past year and the amount which the Board reasonably determines is necessary for a reserve for contingencies ies and replacetuent • On or before November 1 of each year, the (Board shall provide each owner with a proposed annual budget for the next calendar year. The proposed budget shall state the estimated amount needed to operate the Association, with reasonable itemization thereof, and shall state the amount of the projected annual assessment for the Owner' s Unit . Each December, the Board shall adopt an annual budget for the following year. If additional Unite are added to the CTC under the terms of the Declaration, the .Board- may adjust the annual budget and payments required • thereunder to reflect such additional Units and increased Common Expenses, if any. Section 3 . '1ual_Assessttterats. Before the first Unit is sold to a purchaser other than a Declarant and on or before January 1st of each year thereafter, the Board shall assess the amount of the estimated cash requirement contained in the annual budget against the individual Units according to the Common Expense Liability assigned to each Unit in Exhibit "A" of the • Declaration . The full amount of each individual Unit's share of the assessment shall be a lien against that 'individual Unit and the joint and several , personal obligation of Owner(s) of that individual Unit as of January 1 of the the first day of each month of each year of assessment . On • Unit shall pay to the Board or as theeBoard'�may e wdirect 1/12aof the annual assessment for the Owner (s) ' Unit . Owners shall pay monthly installments of annual assessments, in full, without set-off for claims which the Owners may assert against the Association . -9- .rte... . SEP-08-99 WED 02 :@2 PM KRONGARD 430 3921 P. 03 `• C • Section 4 . Special Zse esmenta. In addition to the annual411 assessments levied on or before January 1 of each year, the Board may levy special assessments at such other and additional times as the Board, in its sole judgment, determines are appropriate to meet the financial needs of tho Association. Such special assessments shall be :Levied in the same manner as ' annual assessments and shall be due and payable as the Board determines . Owners shall pay special assessments as the Board determines without set-off for claims which the Owners may assert against the Association. The Board may not levy special assessments in any one calendar year in excess of $5, 000 without the approval of a Majority of Owners . Such approval may be solicited in writing at the annual meeting of the Owners or at a special meeting of the Owners called for that purpose . Section 5 . Failure to Prepare Budget. The failure of the Board to prepare a proposed or final annual budget or to deliver either to an Owner shall not constitute a waiver or release in any manner of the Owner' s obligation to pay the maintenance costs and necessary reserves, as herein provided, whenever the same shall be determined, and in I:he absence of any proposed 'or final budget the Owner shall continue to pay the monthly maintenance charge at the then existing monthly rate established for the previous period until a new annual budget is mailed or delivered to the Owner. ARTICLE VI - RE12ORTS AW) CERTIFICATES Section 1. Annual Reports. The Association shall prepare S and distribute to each Owner an annual report on or before April 1st of each year. The annual report shall contain, at a minimum, the following: (a) A statement of any capital expenditures in excess of the greater of 2k of the current: budget or $5 , 000, 000, which the Board anticipates during the current year or succeeding two fiscal years ; (b) A statement of the status and amount of any reserve or replacement fund and that portion of the fund which the Board has designated for any specified project; (c) A copy of the statement of financial condition for the Association for the last fiscal year; (d) A statement of the status of any pending suits or judgments to which the Association is a party; • (e) A statement of the insurance coverage provides; (t) A statement of any unpaid annual or special assessments identifying the Unit number and the amount of ' the unpaid assessment; (g) An itemized accounting of the Common Expenses actually incurred in the preceding calendar year, including 4I0 amounts used to fund renerves, and the amount of the annual • • -10- r,t rch JNGARD 430 3921 P. 04 eft? 410 and special assessments actually collected in the preceding calendar year. Section 2. Resale og gnit . The Association shall comply with all requirements of the Act relating to certificates regarding resale of Units which shall contain the following: (a) A statement disclosing any right of first refusal or other restraint on the free alienability of the Unit contained in the Declaration, Bylaws, Rules and Regulations or any amendment thereof ; (b) A statement setting forth the amount of periodic installments of Common Expense Assessments and special assessments and any unpaid Common Expense or special assessment currently payable; (c) A statement of: any other foes which Owners must pay; (d) A statement of any capital expenditures which .the Association has approved for the current and next succeeding two (2) fiscal years; (e) A statement: that: a copy of the CIC Plat and any amendments thereof are available in the office of the Association for inspection; (f) A statement of the amount of any reserves for capital expenditures and of any portions of those reserves which the Association has designated for any specified projects; • (g) The most recent regularly prepared balance sheet and income and expense statement:, if any, of the Association; (h) The current budget of the Association; • (i) A statement of any judgments against the Association and the status of any pending suits to which the Association is a party; (j ) A statement describing any insurance coverage provided for the benefit of Unit Owners . ARTICLE VII - AMENDMENTS TO BYLAWS Subject to the terms of the Declaration, the Association may amend these Bylaws at an annual meetinggBorEatha special meeting called for that purpose. To be effective, Owners of at least 67% of the Units and the holders of firsthe mortgages on at least G7% of the Units subject to first mortgages (each mortgage having one vote per Unit financed) must vote in favor of the amendment in 411 and the Association must record theamendmentirson or by nrtheea propr county land records . During the period that the Declarant control of the Association, the Bylaws may not be amended in without the prior written consent of the VA. • -11— SEP-08-99 WED 02_;03 PM KRONGARD 430 3921 P. 05 • t a • 0 bR't ARTICLE VIII - NOTTCM Section 1. Notice of Ctiangp•, ol�ItC3 clout. If the Owner is not residing in the Owner' s Unit, the Owner shall promptly notify the Association through the managing agent, if any, or the president if there is no managing ayent, of the name of the resident of the Owner' s Unit; the address of the Owner's new residence or corporate or partaerslt:ip offices, as the case may be; and the Owner' s current mailing address, and the Association . shall maintain such information in a record book. Section 2. Vogige to 1 ,isoca,. t on. Au Owner who mortgages his Unit shall notify the Association through the Managing agent, if any, or the president in the event there is no managing agent, of the name and address ok his mortgagee; and the Association shall maintain such information in a record book. Section 3 . Notice of Unpaid Assc_asnmentt•s.. The Association shall. at the written request oC a mortgagee of a Unit report, any unpaid assessments due Crom the Owner oC such Unit. ARTICLE CX - :t.'1tiD1'MNJ:J?',I:C:A7.']:ON Section 1. Ge era. . Subject to Section 2 hereof, the Association shall indemnify each person who ie or was a director, officer, member of any committee which the Board of 411Directors forms, or serving the Association as the Association' s appointed representative to some other corporation or legal entity for actions which the person takes or decisions which the • person makes on behalf of the Association, as set forth in Section 31 of the Declaration. Section 2 . ,imitation oct=;l:ndc ii .ficatioq. Indemnification. pursuant to Section 1 of Article X hereof, shall be for the sole and explicit benefit of the persons expressly identified therein and no other Terson, corporation or legal entity of whatever nature shall have any rights thereunder by way of voluntary or involuntary assignment, subrogation or otherwise. Section 3 . insurance. To the extent reasonably available, the Association shall maintain and pay for a contractual liability endorsement to the Association' s liability insurance policy to insure its obligations under Section 1 of this Article IX. ARTICLE d; X - COMPLIANCE 'These Bylaws are set. forth to comply with . the requirements of the Act and the Declaration. In case any of these Bylaws conflict with the provisions of said statute, it is hereby agreed and accepted that the provisions of the Act will apply unless. expressly stated otherwise. , 410 -12- SEP-08-99 WED 02 :04 PM KRONGARD 430 3921 P. 06 The foregoing Bylaws of the valley VLew Condominiums North Association, a Minnesota non-profit corporation, were adopted by action of its Board of Directors on tlae .:2, Ac day of BY ed _ I � 13y • I L(—Beci:a tary-Treasurer STAT1 O1'' M:I:Nt' Is50TA ) ) SA . COUNTY OV WASHINGTON) The foregoing instrument was acknowledged before tue this an , day of ,/Lji,►/ , 10.5 by 00 ,vr✓id,�I7 t-he President and secretary=•treasurer of vaney view Cond3iiiiiiiums North Association, a Minnesota non-profit corporation, on behalf or the corporation. 411 Notary vailic • This Instrument was drafted by : LAwsoN, MARSHALL, Mct)ONALD & GALOWXTZ, P.A. 3 880 Laverne Avenue North Lake Elmo, Minnesota 55042 Telephone : (612) 7'7'1-6960 JSM • • 4 -13- D *JB 2 6 1999 JOHN E. MUELLER 14812 58TH STREET NORTH#3D OAK PARK HEIGHTS MN 55082-6396 TEL: 651-430-0822 Wednesday, August 25, 1999 Mayor Dave Schaaf City Hall Dear Mayor Schaff: At last night's council intermission I spoke to you about the problems we are encountering with the contractor,and the fact that we have been unable to get a complete copy of the Development Agreement with all the exhibits and amendments. Enclosed is a copy of the latest communication which was mailed to Jack Krongard. Thank you for your interest and any assistance will be greatly appreciated. Ye •• .y, i •hn E. Mueller Homeowner VALLEY VIEW CONDOMINIUMS NORTH ASSOCIATION OAK PARK HEIGHTS, MN August 18, 1999 To: Jack Krongard Subject: VVNCA Issues Jack, Please take a look at the issues mentioned below. l know you feel as though we are being petty, but when you look at the big picture of all of the things we have been faced with in the last 4 years, maybe you'll understand why some people are getting so upset. We have assumed a lot of costs because of work not completed or completed poorly by your workers. You may not even be aware of a lot of these things because of the lack of communication between the Board and yourself. This document will serve as notification of those issues and our expectations for completion of the development. We've only got one building left and if we all work together we can make this much easier than it has been in the past. Just as an FYI,the Board has hired a management company to assume the day-to-day activities of the association. Because of this change and additional lawn care services, we have had to raise the dues to $105.00 effective October 1'. Please update your papers to reflect the increase in the capitalization fee and the monthly dues. Cities Management met with the Board on August 17,to discuss next steps. I informed the managment company of our verbal agreement with you regarding the fourth building;you will assume all actual maintenance costs until the unit is sold, at that time the association will take over maintenance. Overall Issues the Association is currently faced with resolving: Inaccuracies in reserves—The person who calculate the reserves for you, did not account for private street maintenance or repair,maintenance of the holding ponds, or replacement of limited elements. In the declaration they included that the association is responsible for replacement of windows/doors/patios,but these items were never included in the reserve sheet. The Board has checked into having a new reserve study done that will include these items. Needless to say, we were shocked to find out this would cost about $5,000! The Board certainly doesn't recommend either of us pay this amount to have a new study done,but we do feel that you are responsible for helping us estimate these additional costs to the unit owners since they were omitted. We also feel you must update the papers you are providing to potential homeowners to reflect these additions. Legally you should be protecting yourself by providing papers that reflect all of the costs that homeowners will be responsible for. Lack of parking—According to the development agreement,there must be another space available for each single car garage,this means 2 extra spots for all four buildings. If we consider the turnarounds extra parking,those people who live on the end say that they cannot get out of 08/25/99 their driveways. Per the development agreement,there is to be no parking on streets so emergency vehicles can access each unit. This has created major issues that are only going to get worse as the fourth building is completed. Where do we go for additional parking? Where are the 2 spots as per the agreement? Where are visitors to park? We also plan to discuss this issue with the city council at an upcoming meeting. Shubs—Over the past four years,many shubs and trees have had died and had to be replaced. According to the NuLife(our current landscapers)the initial planting was not done correctly. Roots were not spread out so that a good root system could not get built up. Just this past summer alone,we paid$500 to replace dead trees and shrubs. We will be asking for a warranty on the trees and shrubs that are installed on the fourth building to protect us from this happening again. We would also prefer that you use our landscaping company so we can hold them liable for any issues that may arise in the future. If you choose not to, we will be following up directly with you if there are any issues. Landscaping to property markers—We approached you on this in the past and you didn't feel it was your responsibility to landscape the property to the iron markers. We are now being asked by unit owners to finish this work and don't feel it is our responsibility either. Unit owners have purchased land here and should be able to use the land all of the way to the property markers. In the development agreement you agreed to have permanent iron markers placed at each corner. All we are asking is that on the third and fourth buildings you extent the lots to these markers by leveling and adding rock. This area is not capable of growing sod, so rock is all that is needed. Some trees may need to come down by the fourth building so they don't touch the roof,but we would also like to keep as many as possible. Drainage issues along the north side—Issues with drainage by the third building were eventually resolved with the help of Tim Butler. As far as the fourth building goes,he has told us that you will be required to place drain tile and rocks along the fourth building,as was done on the third. He will be following up with you as necessary to see that this is completed. Sprinkler system—The association has assumed hundreds of dollars of additional costs to relocate and repair sprinkler heads that were poorly placed or of poor quality. Numerous grass areas were not receiving water and were dying. We are waiting for the most recent bill where we had to add additional sprinklers at the third building. We are willing to assume half of the costs to add these sprinkler heads,but feel you are responsible for the other half. As soon as this bill is received I will let you know the total amount for relocation and what we feel you are responsible for. Maybe you should go back to the person who installed this system for you,based on the revisions we have had to make, I don't think they did a very good job for you. On the fourth building,heads must be placed so that all grass is within watering area. There are to be no sprinkler heads on the north side of the fourth building because of the drainage problem that already exists. We have already assumed the cost of capping these heads on the third building to alleviate this problem. In addition, K Professional Pop-up gear driven sprinkler heads must be used on all association sprinkler heads. We will not assume any additional costs to the sprinkler system for the fourth building unless you comply with these requests. 08/25/99 Landscaping—Poor and uneven landscaping on the first three buildings has created homeowners who are complaining and wanting their lawns fixed. In the past, we have tried to get you to come back and fix these uneven areas,you always agreed to but it never happened. We would like to repair some of the worst areas for unit owners because of the safety risks involved and feel you should be responsible for these repairs. Again, maybe you should be going back to the people you hired and ask them to come back and do it right. They are really doing you an injustice when they complete work in your developments so poorly. We would be happy to get an estimate to have a few of these areas repaired and then discuss further. The fourth building must be leveled before sodding and approved by the Board before we will assume maintenance for it. Decks vs patios—On the first building,you used wooden patios on one end and cement patios on the other end. We worked with Kingwood to get estimates for maintenance of these two different patios. Kingwood provided us with maintenance numbers that varied greatly. We took the decision to the homeowners and they voted that the owners of the two wooden patios should not receive more maintenance dollars than any one else. This decision has not gone over well with one of the owners of the wooden patios. She feels that since you did not tell her that she would have to pay extra to maintain her patio, she is not responsible to. If the people you hired to create the association's papers would have addressed this difference in the bylaws/declaration,we wouldn't be having this problem. Now the Board is faced with addressing this issue legally and financially. We are going to work with our management company to resolve this issue and will have the bylaws/declaration modified if necessary. Siding damage—The association is going to pay to have all remaining holes caulked and repaired. If any signage is attached to the fourth building,we ask that it be repaired as soon as all units are sold. We will not assume any additional costs in this area. Sod around spillway—We ask that you have someone come back and sod around the left side of the spillway so this project is completed. We are not going to make you fulfill the request for additional bricks along the left side and hope that you will be willing to help out in other areas. Kickboards installed under entryways—You agreed to come back and install kickboards under the entryways of the first two buildings,this was another oversight during initial construction. The Board patiently waited for you to complete this project as you agreed. After a lengthy wait, the Board hired someone to complete this project and has never submitted bills to you. All we ask here, is that the fourth building have kickboards installed under each of the entryways. Kids constantly cutting through property- We understand that you could not have foreseen this problem,but just want you to understand all of the issues we are currently dealing with. The Board is trying to look at long-term solutions to alleviate this problem. Any connections or suggestions you have that may help us solve this problem are much appreciated. Street damage in front of 14824—We do understand that the street top coat cannot be put down in front of the last building until it is finished. We want you to realize that some unit owners have been living with standing water in front of their homes for four years because of 08/25/99 • 1 damage that was caused by your crew's vehicles. The streets must be completed ASAP and will need to be dug up first to be completed properly. Please have your office contact myself when this work is going to be done so we can properly communicate with the homeowners that will be affected by this work. We will also need to address parking issues ahead of time so it is crucial you and I discuss this before the work begins. Settling of curb area on SE corner of Bldg D—The city inspector indicated this corner needed to be repaired and that they will be dealing with you on this issue. Again,please contact myself if homeowners will be affected by this work so we can properly notify them. Kaye Casey 14806#1 phone 275-9053—Kaye has reported to the association that her garage is not taped. Apparently, this happened in other units too and you came back and finished the work. Please follow up with Kaye directly to have this completed. Kaye has also expressed some concern over structural issues in her garage ceiling that we feel need to be reviewed by you ASAP. Dave Jacobs 14806#4 phone 430-2052—Dave has reported to the association that there is settling taking place where his driveway and garage floor meet. We feel there could be a potential drainage issue here and that you need to have someone take a look at the problem as soon as possible. We feel this is your responsibility since we should not have to be dealing with damaged concrete that is only a few years old. Street sweeping—We would like to be able to have the streets swept every couple months and have the bill sent to your office. It has only been done once since last summer and shouldn't need to be done again until the end of September. We are more than happy to place the call to St. Croix Sweeping so you don't have to worry about it as long as you are willing to pay. Thanks for taking the time to call me and I hope we can work together to complete this development with as few problems for each of us as possible. Please call me to discuss this and any other issues you would hie. Sincerely, Linda Carufel VVNCA Board 08/25/99 City4.4 of �yy � � Oak Park Heights 14168 57`h Street N•Box 2007.Oak Park Heights,'Heights,MN55082•Phone(651)4394439•Fax 439-0574 Memo: September 9, 1999 To: Mayor and Council Tom Melena From: Kris Danielson Re: Valley View Estates/Concerns of Property Owners Regarding the Development Recently the Mayor received a written request from Mr. John Mueller of the Valley View Condominium North Association for a copy of the Development Agreement with all exhibits and amendments. A copy of the Development Agreement is enclosed for your review. During the past year, my staff has held numerous meetings with various members of the Valley View North Condominium Association (VVNCA). Our Building Official and Field Engineer have conducted several site inspections of the area in response to neighbor's concerns. In February we met Donna Gray and Jack Krongard to clarify which issues held the City's concern, and discuss ways they could address their private concerns. Shortly after our February meeting I was informed by Donna Gray that many of the Associations issues were quickly addressed by Mr. Krongard. I am pleased that the City was able to play a facilitating role in achieving this outcome. At the same time, my staff has spent a considerable amount of time assisting the Association with their ongoing concerns (most recently outlined in the enclosed letter from WNCA). From the City's standpoint, one issue remains to be addressed for the development, and that is the replacement of the curbing at the southeast corner of building 14812. This work should be done following the completion of the unit currently under construction (spring,2000). Please contact me at 439-4439 with any questions you may have. TREE CITY U.S.A. jbutler From: kdanielson [kdanielson©cityofoakparkheights.com] Sent: Friday, February 19, 1999 3:54 PM To: 'Thomas Melena'; 'Jim Butler'; 'Karen Shimon' Subject: Good News to End the Week As a result of our meeting with Donna GrayNalley View Estates Assc: Jack Krongard has: 1. Paid them in full for their Court Case(and) 2. Had his crew on site to address the lighting, siding, sprinkler system and spillway issues we discussed with them. We will still need to make sure that the road settling is addressed. Jack has asked the association for their support of the 8 plex vs the 6 plex, and they seem inclined to support it. Good work everyone! 1 D JOHN E. MUELLER 11.16 Z 6 {999 14812 58TH STREET NORTH#3D OAK PARK HEIGHTS MN 55082-6396 TEL: 651-430-0822 Wednesday, August 25, 1999 Mayor Dave Schaaf City Hall Dear Mayor Schaff: At last night's council intermission I spoke to you about the problems we are encountering with the contractor,and the fact that we have been unable to get a complete copy of the Development Agreement with all the exhibits and amendments. Enclosed is a copy of the latest communication which was mailed to Jack Krongard. Thank you for your interest and any assistance will be greatly appreciated. Ye le .y, /' •hn E-Mueller H ( y View Condominiums North Association• VALLEY VIEW CONDOMINIUMS NORTH ASSOCIATION OAK PARK HEIGHTS, MN August 18, 1999 To: Jack Krongard Subject: VVNCA Issues Jack, Please take a look at the issues mentioned below. I know you feel as though we are being petty, but when you look at the big picture of all of the things we have been faced with in the last 4 years, maybe you'll understand why some people are getting so upset. We have assumed a lot of costs because of work not completed or completed poorly by your workers. You may not even be aware of a lot of these things because of the lack of communication between the Board and yourself. This document will serve as notification of those issues and our expectations for completion of the development. We've only got one building left and if we all work together we can make this much easier than it has been in the past. Just as an FYI, the Board has hired a management company to assume the day-to-day activities of the association. Because of this change and additional lawn care services, we have had to raise the dues to $105.00 effective October 1'. Please update your papers to reflect the increase in the capitalization fee and the monthly dues. Cities Management met with the Board on August 17, to discuss next steps. I informed the managment company of our verbal agreement with you regarding the fourth building;you will assume all actual maintenance costs until the unit is sold, at that time the association will take over maintenance. Overall Issues the Association is currently faced with resolving: Inaccuracies in reserves—The person who calculate the reserves for you, did not account for private street maintenance or repair, maintenance of the holding ponds, or replacement of limited elements. In the declaration they included that the association is responsible for replacement of windows/doors/patios, but these items were never included in the reserve sheet. The Board has checked into having a new reserve study done that will include these items. Needless to say, we were shocked to find out this would cost about $5,000! The Board certainly doesn't recommend either of us pay this amount to have a new study done, but we do feel that you are responsible for helping us estimate these additional costs to the unit owners since they were omitted. We also feel you must update the papers you are providing to potential homeowners to reflect these additions. Legally you should be protecting yourself by providing papers that reflect all of the costs that homeowners will be responsible for. Lack of parking—According to the development agreement. there must be another space available for each single car garage, this means 2 extra spots for all four buildings. If we consider the turnarounds extra parking, those people who live on the end say that they cannot get out of 08/25/99 their driveways. Per the development agreement, there is to be no parking on streets so emergency vehicles can access each unit. This has created major issues that are only worse as the fourth building is completed. Where do we go for additional parking? going r to get the 2 spots asper theagreement? p g' Where are P Where are visitors to park? We also plan to discuss this issue with the city council at an upcoming meeting. Shubs—Over the past four years, many shubs and trees have had died and had to be replaced. According to the NuLife (our current landscapers) the initial planting was not done correctly. Roots were not spread out so that a good root system could not get built up. Just this past summer alone, we paid $500 to replace dead trees and shrubs. We will be asking for a warranty on the trees and shrubs that are installed on the fourth building to protect us from this happening again. We would also prefer that you use our landscaping company so we can hold them liable for any issues that may arise in the future. If you choose not to, we will be following up directly with you if there are any issues. Landscaping to property markers—We approached you on this in the past and you didn't feel it was your responsibility to landscape the property to the iron markers. We are now being asked by unit owners to finish this work and don't feel it is our responsibility either. Unit owners have purchased land here and should be able to use the land all of the way to the property markers. In the development agreement you agreed to have permanent iron markers placed at each corner. All we are asking is that on the third and fourth buildings you extent the lots to these markers by leveling and adding rock. This area is not capable of growing sod, so rock is all that is needed. Some trees may need to come down by the fourth building so they don't touch the roof, but we would also like to keep as many as possible. Drainage issues along the north side—Issues with drainage by the third building were eventually resolved with the help of Jim Butler. As far as the fourth building goes, he has told us that you will be required to place drain tile and rocks along the fourth building, as was done on the third. He will be following up with you as necessary to see that this is completed. Sprinkler system —The association has assumed hundreds of dollars of additional costs to relocate and repair sprinkler heads that were poorly placed or of poor quality. Numerous grass areas were not receiving water and were dying. We are waiting for the most recent bill where we had to add additional sprinklers at the third building. We are willing to assume half of the costs to add these sprinkler heads, but feel you are responsible for the other half. As soon as this bill is received I will let you know the total amount for relocation and what we feel you are responsible for. Maybe you should go back to the person who installed this system for you, based on the revisions we have had to make, I don't think they did a very good job for you. On the fourth building, heads must be placed so that all grass is within watering area. There are to be no sprinkler heads on the north side of the fourth building because of the drainage problem that already exists. We have already assumed the cost of capping these heads on the third building to alleviate this problem. In addition, K Professional Pop-up gear driven sprinkler heads must be used on all association sprinkler heads. We will not assume any additional costs to the sprinkler system for the fourth building unless you comply with these requests. 08/25/99 Landscaping—Poor and uneven landscaping on the first three buildings has created homeowners who are complaining and wanting their lawns fixed. In the past, we have tried to get you to come - back and fix these uneven areas, you always agreed to but it never happened. We would like to repair some of the worst areas for unit owners because of the safety risks involved and feel you should be responsible for these repairs. Again, maybe you should be going back to the people you hired and ask them to come back and do it right. They are really doing you an injustice when they complete work in your developments so poorly. We would be happy to get an estimate to have a few of these areas repaired and then discuss further. The fourth building must be leveled before sodding and approved by the Board before we will assume maintenance for it. Decks vs patios—On the first building, you used wooden patios on one end and cement patios on the other end. We worked with Kingwood to get estimates for maintenance of these two different patios. Kingwood provided us with maintenance numbers that varied greatly. We took the decision to the homeowners and they voted that the owners of the two wooden patios should not receive more maintenance dollars than any one else. This decision has not gone over well with one of the owners of the wooden patios. She feels that since you did not tell her that she would have to pay extra to maintain her patio, she is not responsible to. If the people you hired to create the association's papers would have addressed this difference hi the bylaws/declaration, we wouldn't be having this problem. Now the Board is faced with addressing this issue legally and financially. We are going to work with our management company to resolve this issue and will have the bylaws/declaration modified if necessary. Siding damage—The association is going to pay to have all remaining holes caulked and repaired. If any signage is attached to the fourth building, we ask that it be repaired as soon as all units are sold. We will not assume any additional costs in this area. Sod around spillway—We ask that you have someone come back and sod around the left side of the spillway so this project is completed. We are not going to make you fulfill the request for additional bricks along the left side and hope that you will be willing to help out in other areas. Kickboards installed under entryways—You agreed to come back and install kickboards under the entryways of the first two buildings, this was another oversight during initial construction. The Board patiently waited for you to complete this project as you agreed. After a lengthy wait, the Board hired someone to complete this project and has never submitted bills to you. All we ask here, is that the fourth building have kickboards installed under each of the entryways. Kids constantly cutting through property - We understand that you could not have foreseen this problem,but just want you to understand all of the issues we are currently dealing with. The Board is trying to look at long-term solutions to alleviate this problem. Any connections or suggestions you have that may help us solve this problem are much appreciated. Street damage in front of 14824—We do understand that the street top coat cannot be put down in front of the last building until it is finished. We want you to realize that some unit owners have been living with standing water in front of their homes for four years because of 08/25/99 damage that was caused by your crew's vehicles. The streets must be completed ASAP and will need to be dug up first to be completed properly. Please have your office contact myself when this work is going to be done so we can properly communicate with the homeowners that will be affected by this work. We will also need to address parking issues ahead of time so it is crucial you and I discuss this before the work begins. Settling of curb area on SE corner of Bldg D—The city inspector indicated this corner needed to be repaired and that they will be dealing with you on this issue. Again,please contact myself if homeowners will be affected by this work so we can properly notify them. Kaye Casey 14806 #1 phone 275-9053—Kaye has reported to the association that her garage is not taped. Apparently, this happened in other units too and you came back and finished the work. Please follow up with Kaye directly to have this completed. Kaye has also expressed some concern over structural issues in her garage ceiling that we feel need to be reviewed by you ASAP. Dave Jacobs 14806 #4 phone 430-2052 —Dave has reported to the association that there is settling taking place where his driveway and garage floor meet. We feel there could be a potential drainage issue here and that you need to have someone take a look at the problem as soon as possible. We feel this is your responsibility since we should not have to be dealing with damaged concrete that is only a few years old. Street sweeping— We would like to be able to have the streets swept every couple months and have the bill sent to your office. It has only been done once since last summer and shouldn't need to be done again until the end of September. We are more than happy to place the call to St. Croix Sweeping so you don't have to worry about it as long as you are willing to pay. Thanks for taking the time to call me and I hope we can work together to complete this development with as few problems for each of us as possible. Please call me to discuss this and any other issues you would lice. Sincerely, Linda Carufel VVNCA Board 08/25/99 /A /7/ CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY, MINNESOTA DEVELOPER'S AGREEMENT THIS AGREEMENT, made and entered into this daof November , 1994, by and between the City o Oak Park Heights, a municipal corporation under the laws of the State of Minnesota (the "City") , and Krongard Construction Company, a Minnesota corporation (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 Exhibit "A" t/ (the "Development") ; and WHEREAS, the City Council has on October 24, 1994, granted approval to the "Development", on the condition that the Developer enter into this Agreement stipulating the conditions for the installation of street, water, sewer and other private and/or 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" . 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 including building sites, 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 grading, drainage and site plan as is specifically approved by the City. A grading plan with maximum two (2) foot contours, building pad elevations, drainage provisions, erosion control provisions and cross sections, as necessary, shall be submitted to and approved by the City prior issuance of any building permits. Any changes to the grading plan during construction shall be submitted to the City for -approval and shall not be implemented on site until 4 � r written approval is 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 shall be installed prior to development when 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. All retaining walls must receive separate written approval from the offices of the Consulting City Engineers before construction begins. 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 )4-- 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 install all street name signs at all 2 intersections and provide other traffic control signs within the subdivision determined to be necessary b he City. Temporary street name signs shall be y the Developer prior to issuance of the first g permit. The temporarybuilding durable materials tosign shall be constructed of Official. be approved by the Building F. The Developer shall remove all dead and diseased tr before building permits will be issued. ees G. TheheDeveloper shall maintenance, be responsible for street including curbs, boulevards, sod and street sweeping. All streets shall be maintained free of debris and soil. Warning signs shall be placedhazards develop in streets to prevent the p bi cf ometraveling on same and directing attention to detours. and 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. responsible for the removal of hsn we e andoper shall ice f abe ll streets. The repair of any damage done to thestreets public utilities shall be the financial responsibility of the Developer and/or Homeowner's Association. All streets located within the development shall berives drives to be maintained by the developer and/or the Homeowner's Association. Notwithstanding the Police Department of the City of Oak Park PublicHeights,mPthc Works Department, Municipal refuse Department and other municipalhauler,aFirea right of access over the P personnel shall have a providing services to the private dives for purposes of reasonable times. Property owners at H. The Developer shall furnish street lights in accord with the City's residential street lightingquiremeplan. ance I. All height re requirements existing within the ordinances of the City of Oak Park Heights, shall be maintained by the developer. As to all buildings to be constructed on the site of this development. J. Signage. There shall be no signage placed on site unless the same has been submitted to and approved by the office of the building inspector with the consent and approval of the city planner. K. Landscaping Plan. Landscaping plan shall annexed hereto H and shall be subject to the final approval of the City Forester with the consent of the 3 City Planner. General Reauirements: 1. Residential street lighting shall be owned, installed, operated and maintained by the electric utility company (NSP) . Developer and utility company shall enter into a contractual agreement on the rate and maintenance of the street lighting system. A copy of the contract between developer and NSP shall be filed with the City. 2 . It shall be the responsibility of the Developer to: a. 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. b. All these costs shall be guaranteed by part of the Plan A security. L. The Developer shall, 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. In lieu of land dedication, Developer shall pay the park dedication fee now prescribed by ordinance and/or resolution. Pursuant to the provisions hereof as and for park dedication fees, the Developer shall pay to the City of Oak Park Heights the sum of $18 , 140. 00 upon the execution of this Agreement. M. The Developer shall dedicate and survey all storm water holding 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. N. 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 construction of public utilities. O. 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 4 principal structure to be constructed. shall compute the connection fee The City Ebs edneby by ordinance/resolution as to this development and advise the City Clerk 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 - $2, 151.35 per twin home unit. 2. DESCRIPTION OF PLAN A IMPR0 S ---- DEVELOPMENT ESTIMATED OST 1. Boulevard and swale sod $ 1, 000.00 2. Boulevard trees $ 2,800.00 3 . Street signs $ 250.00 4. Street lights $ 1, 080.00 5. Utility protection and repair $ 3, 620.00 6. Street protection and repair $ 2,400.00 7. Erosion Control Facilities $ 1,800.00 8 . Sanitary sewer $ 17,980. 00 9. Water main $ 16,950.00 10. House services $ 12,920.00 11. Storm sewer $ 24, 560.00 TOTAL ESTIMATED CONSTRUCTION COST OF PLAN A IMPROVEMENTS: $ 85, 360. 00 ESTIMATED ENGINEERING, LEGAL AND ADMINISTRATIVE (25%) : $ 21,340 00 TOTAL ESTIMATED CONSTRUCTION COST OF PLAN A IMPROVEMENTS: $ 106, 700.00 SECURITY REQUIREMENT (25%) $ 2.6. 675 00 TOTAL PLAN A ESCROW: $ 133 , 375. 00 3 . CONSTRUCTION OP PLAN A IMPROVEMENTS. A. Constructjon. The construction, installation, materials and equipment shall be in accordance with the plans and 5 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 requested by the City Engineer and/or the City Attorney. 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. The streets shall be maintained by the developer or its designee as private roads. 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 Certification of Completion 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 or replaced by not later than twenty (20) days prior to its expiration with a like letter or bond. 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 6 r , which is within the Engineer's estimate, the City may consider and allow a reduction of the Letter of Credit at 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. F. Developer shall be solely responsible for the repair upkeep and maintenance of all Plan A Improvements. The Developer shall retain ownership of all plan A improvements and none shall become the property or the responsibility of the City of Oak Park Heights. The City shall have no duty or obligation to maintain, repair or replace any improvements, streets or water systems, sanitary sewer systems or drainage systems within the "Development. " G. The City of Oak Park Heights shall have full right of access to the area encompassed within the "Development" for police, fire protection services, city public works department and building inspection department. Further, the contract refuse and recycling haulers serving the City of Oak Park Heights shall also have full right of access to the area encompassed within the "Development. " • 4. 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. 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 7 • • Agreement by reference as fully as if set out herein in full. D. The City of Oak Park Heights shall file the Developer's Agreement of record in the office of the County Recorder. The Developer or its predecessor's in title shall not amend the declarations of covenants, restrictions and easements for Valley View Estates or the By-laws of the Homeowners Association in any manner that would contradict or conflict with any term or provision of this Development Agreement without the express written consent of the City of Oak Park Heights and any such attempted modification or amendment without the consent of the City of Oak Park Heights shall be void. 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 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 final and binding. F. The Developer shall provide to the office of the City Attorneys ' for the City of Oak Park Heights on or before the date of execution of this Development Agreement evidence of ownership of the real property to be platted as Valley View Estates by way of title opinion from a licensed attorney or title binder from a reputable and licensed title company. Such evidence shall display and identify all persons owning any interest in and to the property to be platted as Valley View Estates together with all lien holders or other encumbering interests. All such interests shall be displayed and shall be required to execute consents to this Development Agreement in the manner and form prescribed by the office of the City Attorney. G. Parking is prohibited along all private streets. H. That the Developer shall provide and convey to the City of Oak Park Heights without cost an easement for water, sewer and storm sewer utilities over and across existing locations of sanitary sewer, water main and storm sewer on the plat of Valley View Estates. I. The Developer shall provide and have approved by the City prior to final platting a detail plan for snow removal. 8 Such plan for snow removal shall be incorporated by reference into the Homeowners Association Declaration of Covenants. (See Exhibit F ) J. Should any signage be desired by the Developer or the Homeowners Association 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. K. That except as is specifically granted and identified within this document or other specific actions of the City of Oak Park Heights, no variances from the Ordinance requirements of the City of Oak Park Heights have been granted affecting this subdivision and planned unit development. L. Detailed landscape plans as submitted shall be subject to the approval of the City Planner. M. The Developer shall provide surface parking stalls that meet the requirements of the zoning code and allow for 24 foot access road widths. N. All utility installations shall be subject to the inspection, review and approval of the City Engineer and shall conform to the specifications and designs recommended by the City Engineer. 0. 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, including Bonestroo, Rosene, Anderlik & Associates File No. 55118 out this project. The following specifications, contracts, drawings and reports shall be annexed hereto as Exhibits and incorporated herein by reference as if fully set forth herein: /Exhibit "B" Northwest Associates Consultants Planning Report - September 9, 1994 . /Exhibit "C" Northwest Associates Consultants Planning Report - August 4 , 1994 . ✓Exhibit ; "D" Bonestroo, Rosene, Anderlik & Associates Report - October 11, 1994. ,/exhibit "E" Interim Grading Permit. Exhibit "F" Valley Garden Homes Declaration. Exhibit "G" Short, Elliott, Hendrickson, Inc. letter of September 26, 1994 . 9 i r 5. SCOPE: This Development Agreement is limited to Phase One of this development affecting construction of the townhome portion identified in the attached Exhibits along with three twin home units. Earlier submissions by the Developer to the City involved a significantly expanded area which has reserved concept approval but is not being platted at this time. The terms of this Development Agreement apply solely to that description identified in Exhibit A at the time that the adjacent lands are developed after receiving final approval, if any, nothing in this Development Agreement shall in any way bind, obligate or affect the City of Oak Park Heights in dealing with subsequent plans and proposals on those adjacent lands and no fees or changes collected herein shall apply or be credited to those fees and changes determined to be due as a result of my subsequent development on those adjacent lands. 6. NO MERGER: The City of Oak Park Heights has previously issued an agreement for issuance of interim grading permit affecting the grading of this and other lands. This Development Agreement does not extinguish the terms and conditions of that Agreement dated October 13 , 1994. IN WITNESS WHEREOF, the City and Developer have caused this Agreement to be duly executed on the day and year first above written. CITY OF OAK PARK HEIGHTS In the presence of: (-ink, aL. c�jl,, rman BY: ek (3517 /4 Its: Mayor BYt5;'''. 17111, 4=0,10001=41.m.. a.) Its: Administrator/Treasurer DEVELOPER In the presence of: RRONGARD C NSTRU TION COMPANY BY: W4-1/1\ Its: -N-42)-S 10 BY: Its: STATE OF MINNESOTA ) COUNTY OF WASHINGTON) §§: On this day of / -,a Notary Public within and fo said Count 1994' before — '��""'' ( and / Y ersonally appeared personally known, bein each by me duly sworn d'd sayto me respectively the and the y they a of the City of Oak Park eights, the municipal ' P rporatio� name in the foregoing instrument; and that the seal affixed to said instrument is the corporate seal of said corporation, and that instrument was signed and sealed on behalf of said municipal corporation by authorit of its City Council and said ce-G' _ and instrument to be the free act a ; deedacknowledged said co .oration. of said municipal JUDY L. HOLST 3-44.0 WANOTARSH Y PUBLICINGTO•N CMOUNTVINNESOTA � My Commission Expires 1-17-96 %�� Not- , `d�„.,• • (Notarial Seal) Puy is STATE OF MINNESOTA ) COUNTY OF WASHINGTON) §§: On this __ day of AC.-- ,rr. me, a Notary Public within and for said Co 1994, befored Jo4` Z7 "� "''�-1 and Y Personally appeared personally known, b ing each by me duly sworn did sa to me respectively the - y that they are of Krongard Construction Com an and the foregoing instrument; and that the seal aff xed toosa d instrument is the corporate seal of said corporation, and that said instrument was signed and sealed on behalf of said corporation by authority of its Board of Directors and said __ -0,04-1 z' `�.t.T'a.�./. and act and deed of said corpo ation.acknowledged said in to be the free X A IL661'bi.AInr sendx3 uolsslwwoo An A1Nnoo NOIJNIHSVM t.,:, V1OS3NNIW-0I19R AFJV10N ��'��.' ONIle3,1A C ARM 1� r otaria Seal) �` NO ' = • 'ublic 11 THIS INSTRUMENT WAS DRAFTED BY: MARK J. 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Ji •i L ' w4;• o 3 m e4 +4 G ri • 1 wQ �.1:. , N iw° ° ' •°' : M ., � v444644406. °c a � Cil 44 o -Ws UI +08 G4 as la441 IS.4p� + a a r Uw w 2W 12.40 A E g �-+ E ;12 23 W ��—.Lt. g mul ,..0 ....imo S v m G7 @� m to H a h UE Gm h W 4 E. W z O v2 Z 4.6 E+ fri W 2 O O A3 44 Northwest Associated Consultants , Inc'. CURBAN PLANNING • DES $ G N • MARKET RESEARCH PLANNING REPORT TO: Oak Park Heights Mayor and City Council FROM: Dan Licht/Bob Kirmis/Scott Richards DATE: 9 September 1994 RE: Oak Park Heights - Krongard PUD FILE NO: 798 .02 - 94 .05 EXECUTIVE SUMMARY • Background Mr. Jack Krongard, on behalf of Krongard Construction Company, has requested general plan of development approval for a residential planned unit development (PUD) located upon approximately 21 acres of land north of 56th Street North and east of Osgood Avenue. _Specifically, the PUD calls for the construction of 52 townhomes, 22 twinhome units, and 10 single family homes (84 total units) . To accommodate the proposed development, a rezoning of the subject property from a combination of R-1, R-2, R-3 , R-B designation to a PUD designation has been recommended. Attached for reference: Exhibit A - Site Location Exhibit B - Detailed Site Location Exhibit C - Land Use Plan Exhibit D - Preliminary Plat/Grading Plan/Utility Plan Exhibit E - Landscape Plan Exhibit F - Snow Removal Plan Exhibit G - Lighting Plan/Signage Plan Exhibit H - Letter from Washington County Exhibit I - Letter to Jack Krongard Dated 30 August 1994 Exhibit J - Statement from Chuck Schwartz, Bayport Fire Department 5775 Wayzata Blvd. • Suite 555 • St. Louis Park, MN 55416 • (612) 595-9636•Fax. 595-9837 Recommendation Based on the following review, our office recommends approval of the rezoning and PUD general plan of development subject to the following conditions : 1. Submission by the applicant of information required for development plan approval, as outlined in the 30 Au letter to Jack Krongard (see Exhibit I) . gust 1994 2 . Parking is prohibited along all private streets. If arkin is desired along one side of such streets, street widths shall be increased from 24 to 32 feet . 3 . All necessary approvals from Washington County for accessin Osgood Avenue shall be required. g 4. The Park Commission provide comment/recommendation in regard to park dedication requirements . It is recommended that a cash dedication of $30, 720 shall be provided the City at the time of finalization of the development agreement. • 5 . Lots 25 and 28 shall be allowed as single family lots contingent on approval by the Building Official of the building style. 6. The submitted grading and drainage plan shall be subject to _ evi „revi and approval b 'District. Y the City Engineer and Watershed 7. Detailed landscape plans shall be required for review by Cit staff as a part of final plan approval. �' • Y 8 . The applicant enter into a development agreement with the City. The development agreement will be subject to final approval by the City Council . 9 . The applicant submit revised plans that provide surface parking stalls that meet the requirements of the Zoning Ordinance and allow for 24 foot access road widths. 110 . The submitted utility plan shall be subject approval by the City Engineer. 7 ct to review and 11. The applicant submit revised building plans that address the garage size issue. 12 . Detailed signage plans are submitted for City review as a part of final plan approval. 2 13 . The submitted copy of the draft restrictive covenants, conditions, and restrictions to be applied to the proposed development shall be subject to City Attorney review and approval . 14. Easements are established along all lot lines and as required by City staff. This issue should be subject to further comment by the City Engineer. 15 . The City shall require access easements over the development's private streets. 16. Street lighting shall be required as per City specifications throughout the development. 17. Comments or additional conditions from other City staff and applicable governmental entities. ISSUES ANALYSIS PVD Zoning. As illustrated on Exhibit B, the subject property overlays four individual zoning designations. Specifically, the following zoning designations overlay the property: R-1, Single Family Residential R-2, Low and Medium Density Residential R-3 , Multiple Family Residential R-B, Residential Business Transitional In consideration of the subject development proposal, it is the recommendation of staff that a PUD zoning be applied to the property. Rezoning Judgement Criteria. Section 401.16 .A of the City' s Zoning Ordinance stipulates that in consideration of rezoning requests, the City Council' s decision must be based upon (but not limited to) the following factors : a. Relationship to municipal Comprehensive Plan. b. The geographical area involved. c. Whether such use will tend to or actually depreciate the area in which: it is proposed. d. The character of the surrounding area. e. The demonstrated need for such use. Comprehensive Plan. The City' s Comprehensive Plan (Land Use Plan) suggests a mixture of low density residential, mid density residential, and high density residential uses upon the subject property (see Exhibit C) . All proposed uses and use locales are consistent with the City' s Land Use Plan. 3 Compatibility The proposed uses and residential densities considered generally compatible with the existinare g uses surround the subject property as identified below: which Direction Use Zo-ling ----------------- North High Density Residential South Low Density Residential R-3 East Industrial/Open Space I/o West Semi-Public/Low Density I/O Residential R-B Teets. Public Rights-of-Way. As shown on the submitted concept plan, dwelling units within the subject site are to be served primarily by the completion of the 57th/58th Street loop and an easterly extension of 56th Street North. The Osgood Avenue by 56th Street North provides a necessary second to access and is aligned with 56th Street west of Osgoo required by the City and Washington County. Generally speaking, the proposed street configur at well conceived and functionally efficient. All rppoard right-of-way widths and cul-de-sac lengths have been propose found comply with applicable City street standards. The developer has indicated that design and constru the streets will be done by the Cit clopm of City. The devel contract will outline the necessarypmehe City and developer for street construction.agreements between the Private Streets. Multiple family structures existing upon Parcel 1 and the northern portion of Parcel 2 are to be provided access via private internalized streets. ile the proposed 24 foot street widths are considered acceptable widths, such a width allowance will be contingent condition that parking be prohibited alongside such streets. Traffic Volumes. Obviously, the of 84 residential units into the subject .areaction ill generate new significant amount of traffic upon Osgood Avenue. Washington County has reviewed the proposed connection of 56th Street North to County Road 67 (Osgood Avenue) and found it acceptable (see Exhibit H) . Snow Removal. The applicant has submitted a written snow removal plan and indicated locations for snow storage on the site plan (see Exhibit F) . As required, the snow removal plan includes provisions for removing excess snow off site. 4 Lots. As noted previously, the proposed development is to include 52 townhomes, 22 twinhomes and 10 single family residential homes . Townhomes. According to Section 401.03 .D.2 of the Zoning Ordinance, a townhome must provide 4, 000 square feet of lot area per unit. As shown below, the townhomes located north of 58th Street North and between 57th and 58th Streets North satisfy the Ordinance lot area requirement: Number Lot Area of Units Total Lot Area Per Unit Townhomes (north 28 130, 680 sq. ft. 4, 667 sq. ft. of 58th Street) (3 .0 acres) Townhomes (south 24 145, 340 sq. ft. 4, 592 sq. ft. of 58th Street) (3 .3 acres) Twinhomes. The Zoning Ordinance stipulates that twinhomes must provide not less than 6, 000 square feet of lot area per unit. As shown on the submitted concept plan, twinhome lot sizes range from 6, 000 to 10, 860 square feet in size and comply with minimum lot area requirements. According to Section 401. 03 .D.3 of the Zoning Ordnance, the base lot of a twinhome must not be less than 80 feet in width (40 feet of width per unit) . All twinhome lots have been found to meet or exceed minimum lot width requirements. Single Family Homes. As shown on the submitted concept plan, a total of 8 single family lots have been proposed south of 56th Street. Lots 25 (8, 520 square feet) and 28 (9 , 640 square feet) of Parcel 2 are designed as single family lots, but they do not meet the dimensional requirements. Because of the location of the existing sanitary sewer line and the building style proposed for these lots that is compatible with the twinhomes, the proposed lot sizes are found to be acceptable as a part of the PUD. With the exception of Lots 25 and 28, Parcel 2, all proposed single family lots meet preferred R-1 District dimensional requirements as reiterated below: Minimum Lot Area Minimum Lot Width 10, 300 square feet 80 feet Off-Street Parking. Considering the width of the proposed private streets (24 feet) , adjacent off-street parking should be prohibited. If off-street parking is desired, the private street width should be increased to 32 feet to allow for parking on one side. Such an expansion in width will ensure effective traffic movement and area safety. 5 According to the Zoning Ordinance, two family and multi family dwelling units must provide two off-street spaces per unit. All of the single family and twinhome units appear to meet the requirements via their inclusion of two stall garages and 20 foot driveways .. The center townhome buildings include one stall garages for the interior units. The surface parking stalls provided on the site plan will not be allowed in that they encroach on the 24 foot access road width required for access to and around the townhome units . The developer will need to provide revised plans to address this issue. Driveways. Driveways associated with the proposed twinhome units and multi family units have been found to measure 20 feet in length. As such, area exists to park vehicles outside the limits of the designated private streets . Setbacks. While the PUD Ordinance does make provision for interior setback deviations, all perimeter setbacks in the applicable base zoning districts should be upheld. In this regard, all applicable perimeter setbacks in the R-1, R-2 , R-3 , and R-B Districts have been satisfactorily met . In regard to interior setbacks, the Zoning Ordinance stipulates that no building within a PUD may be closer to another building than one-half the sum of the building heights of the two buildings. The building elevations that have been submitted show compliance with this requirement. Park Dedication. The development proposal does not include park land dedication. The Park Commission should provide comment and recommendation in regard to specific park dedication requirements. Based upon the formula provided in the Oak Park Heights Subdivision regulations, a cash park dedication fee of $30, 720 will be required of the developer. Grading and Drainage. Grading and drainage plans have been submitted. Of particular concern are the grading and drainage issues along the south property line and the potential effect on existing single family development. These plans are subject to review and approval by the City Engineer and the Watershed District . Landscaping. The applicant has submitted general landscape plans as a part of the concept plan stage (see Exhibit E) . These plans do not illustrate specific placement and varieties and will require further detail , especially for areas adjacent to the proposed buildings . The applicant has also indicated the general area where trees are to be preserved. The plan shows that a significant area of trees along the south property line which abuts the existing single family houses will be preserved. These plans are subject to further review and approval by City staff. 6 Development Agreement. As a condition of final PUD approval, the applicant should enter into a development agreement with the City. As part of the agreement, the developers will be required to post security necessary to ensure compliance with the conditions of PUD approval. Trash. The developer has indicated that trash removal will be the responsibility of individual property owners. No further plans will be required. Utility Plan. In accordance with PUD submission requirements, a utility plan has been submitted for review. The plan is subject to review and approval by the City Engineer. Signage. The applicant has submitted a written description of the proposed signs and indicated location on the submitted site plan (see Exhibit G) . However, this description lacks sufficient detail regarding materials and size for review. The applicant should submit detailed signage plans for review which demonstrate material and appearance details . Building Tvoe. As a condition of PUD concept plan approval, specific building plans of the various structure types have been submitted subject to City approval. The plans indicate garage dimensions for some of the proposed units that do not meet the minimum size for parking stalls. This issue is further discussed in a letter to Jack Krongard found as Exhibit I. The developer will need to provide revised building plans that address this issue. Restrictive Covenants. The applicant has submitted a preliminary draft copy of a declaration of restrictive covenants. This document is subject to review and approval of the City Attorney. Easements. In accordance with City subdivision regulations, drainage and utility easements should be established along all lot lines . This issue should be subject to further comment by the City Engineer. The final plat will need to include all required easements . Additionally, the City will require access easements over the development' s private roadways . Emergency Vehicle Access. The Fire Chief has commented on the access issues to the townhome development north of 58th Street. The applicant has indicated preliminary approval from the Fire Chief during a 6 September 1994 meeting (see Exhibit J) . 7 Liahtina The applicant has submitted a general There are to be no yard or street lights . Lights lightingf affix plan. garage front of each structure will be operated by al led to the ight sensor and will operate from dust until dawn, a office recommends street lights FOr safety reasons, our requirements throughout the development, installed as per City CONCLUSION Based on the preceding review, our office recommends approval the necessary PUD rezoning and PUD general development pin subof ect to the conditions listed in the Executive Summary of this report. Pc: LaVonne Wilson Joe Anderlik Mark Vierling Jack Krongard 8 f 7-= \ ��.— i 1 , rdr- ' L •,`"s" _—: •��• r��� ,- ��' J�� e /�r✓ . „l��mss" Ji :t ��,. I " 1 I f,� VjE,'+.S Dail ri— ..�tih . . It 4_4 _ ■ i i 1N' - 01..._-:. 1I Lr ti0I11I�11 ji� r . �� 1 . _ 1 _ __ 1111 ]1:2 11 11 kall I:4, '1 -117V;H:1 1 ,.,,,4 1 . ill : III �.+•+�.1:tir. . L 1 I I I 4:q111 ' ..„.1(..„„H„,E , O •„. .,. ,"•,,„_,, , . .._,_______. 0,1 U ,fj1-4`i.1`j ' I e�sll Q 1 0 ='E ` ,-- a " cf—'1•4 Z ter. 1 '''' . 1 ii: I 1I' I � i• I�11' I , •. 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'',; e ‘`• i:ITI: . _ - -,.-_ t., • . • .•42 i C., /IW .:...i. . .... : 1 • :. •••,. , U.,1 z Du gt ,.,; .....--.... ., . 0. IL-033=1i 1 — ic:C — t-137i-II. i......p..._,--,,,z...,-2j •----_,--.,........: • .....-- I TALI!i r • IIII ii. mai 1 ii: •... : • : . -- ,I . - , : -c " : moils .: : EXHIBIT C - LAND USE PLAN -- -- - -- --- --- Northwest Associated Consultants , ftINA u ts , Inc . , C URBAN PLANNING . DESIGN . MARKET RESEARCH PLANNING REPORT TO: Oak Park Heights Mayor and City Council FROM: Bob Kirmis/Scott Richards DATE: 4 August 1994 RE: Oak Park Heights - Krongard PUD FILE NO: 798 .02 - 94.05 EXECUTIVE SUMMARY Background Mr. Jack Krongard, on behalf of Krongard Construction Company, has . requested concept plan approval for a residential planned unit development (PUD) located upon approximately 21 acres of land north of 56th Street North and east of Osgood Avenue. Specifically, the PUD calls for the construction of 52 townhomes, 22 twinhome units, and 10 single family homes (84 total units) . To accommodate the proposed development, a rezoning of the subject property from a combination of R-1, R-2, R-3 , R-B designation to a PUD designation has been recommended. Attached for reference: Exhibit A - Site Location Exhibit B - Detailed Site Location Exhibit C - Land Use Plan • Exhibit D - Concept Plan Exhibit E - Concept Plan Detail Exhibit F - Letter to Jack Krongard dated 26 July 1994 Recommendation Based on the following review, our office recommends approval of the rezoning and PUD concept plan subject to the following conditions : 5775 Wayzata Blvd. • Suite 555 • St. Louis Park, MN 55416 • (612) 595-9636•Fax. 595-9837 1. Submission by the applicant of information concept plan approval, as outlined in the 6 Jul rewired for to Jack Krongard (see Exhibit F) . Y 1994 letter W2. Units.-25 d 28, Parcel 2 are combined t -rnhome un to create a single 3 . The intersection of Osman Avenue and reconfigured to provide a radialcurve. 57th Streetbe This issue should be subject to further comment by the City Engineer. 4. Parking is prohibited along all private streets . If is desired along one side of such streets, street widthsa be increased from 24 to 32 feet. shall 5. The applicant submit a snow removal plan. 6. Building elevations/floor plans are submitted for the various dwelling unit types. Such submission is necessary to determine compliance with interior setback standards applicable height requirements, and park dedication. 7. The Park Commission provide comment/recommendation in rear to park dedication requirements . detailed information necessaryThe applicant shall submit to calculate park dedication. 8 . A grading and drainage plan is submitted. Such plan sha subject to review and approval by the City Engineer. 11 be 9 . A landscape plan is submitted which specifies the location, type, and size of all proposed plantings. A tree be required to determine the extent of vegetation presentlyion the site and trees that will be saved. 10 . The applicant enter into a development agreement with the City. 11. If applicable, the forthcoming PUD specify development plan s trash handling locations . P y 12 . A utility plan is submitted. review and a Such plan shall be subject to pproval by the City Engineer. 13 . Detailed signage plans are submitted for City review. 14. The applicant submit a copy of all restrictive covenants, conditions, and restrictions to be applied to the proposed development. All such covenants shall be subject to City review and approval. 15. Easements are established along all lot lines. This issue should be subject to further comment by the City Engineer. 2 16. Washington County and the City Engineer camments/ recommendations as to traffic issues on Osgood Avenue. 17. The City Engineer and/or Fire Chief provide comment as to the need to establish easements over the development' s private streets . Fire Chief to comment on access and equipment maneuverability on the private streets. 18 . The site plan is revised to illustrate all exterior lighting locations . 1 I , , 19 . Comments from other City staff . SLI w O ISSUES ANALYSIS PVD Zoning. As illustrated on Exhibit B, the subject property overlays four individual zoning designations. Specifically, the following zoning designations overlay the property: R-1, Single Family Residential R-2, Low and Medium Density Residential R-3 , Multiple Family Residential R-B, Residential Business Transitional In consideration of the subject development proposal, it is the. recommendation of staff that a PUD zoning be applied to the property for the following reasons: 1. The PUD zoning will allow the existence of multiple principal structures upon a single parcel of land. 2 . The zoning designations which currently overlay the property fail to correspond with established property lines or right- of-way locations . A PUD zoning would remedy this less than desirable situation. 3 . If the base zoning were to remain (via PUD/CUP) , the City would have established that all uses (besides that being proposed) allowed in the base districts are acceptable on the subject property. This is of particular issue in regard to the R-B zoning designation which provides for commercial uses. 4 . The PUD zoning would allow the City to establish control over the use of the property. Rezoning Judgement Criteria. Section 401.16 .A of the City's Zoning Ordinance stipulates that in consideration of rezoning requests, the City Council' s decision must be based upon (but not limited to) the following factors: 3 a. Relationship to municipal Comprehensive Plan. b. The geographical area involved. c. Whether such use will tend to or actually depreciate the area in which it is proposed. d. The character of the surrounding area. e. The demonstrated need for such use. Comprehensive Plan. The City's Comprehensive Plan (Land Use Plan) suggests a mixture of low density residential, residential, and high density residential uses upon mt he subject property (see Exhibit C) . All proposed uses and use locales are consistent with the City' s Land Use Plan. Compatibility. The proposed uses and residential densities are considered generally compatible with the existing uses which surround the subject property as identified below: Direction Use Z--�.4.2 North High Density Residential South Low Density Residential R-3 IEast Industrial/Open Space O1 West Semi-Public/Low Density / Residential R-B One concern which does exist in regard to compatibility, however, relates to interspersal of two single family homes within the twinhome portion of Parcel 2. Specifically, Lots 25 and 28 are shown to hold single family units rather than two family units which are common to the area. To ensure area compatibility and a cohesive development design, it is recommended that the concept plan be revised to essentially combine Units 25 and 28 into a single twinhome. Streets. Public Rights-of-Way. As shown on the submitted concept plan, dwelling units within the subject site are to be served primarily by the completion of the 57th/58th Street loop street and an easterly extension of 56th Street North. The connection to Osgood Avenue by 56th Street North provides a necessary second access and is aligned with 56th Street west of Osgood as required by the City and Washington County. Generally speaking, the proposed street configuration appears well conceived and functionally efficient. All proposed right-of-way widths and cul-de-sac lengths have been found to comply with applicable City street standards. • 4 One concern which does exist relates to the acute intersection of Osman Avenue and 57th Street. To improve area circulation and safety, it is recommended that the intersection be reconfigured to provide a radial curve. This issue should be subject to further comment by the City Engineer. Private Streets. Multiple family structures existing upon Parcel 1 and the northern portion of Parcel 2 are to be provided access via private internalized streets . While the proposed 24 foot street widths are considered acceptable widths, such a width allowance will be contingent upon condition that parking be prohibited alongside such streets. Traffic Volumes. Obviously, the introduction of 84 new residential units into the subject area will generate a significant amount of traffic upon Osgood Avenue. Washington County and the City Engineer should provide comment/recommendation as to the ability of Osgood Avenue to accommodate anticipated traffic volumes. Snow Removal. Considering the significant number of townhome driveways which are to access the proposed private street, an assurance should be made that ample area exists to accommodate snow storage. As a condition of PUD approval, the applicant should submit a snow removal plan that includes provisions for removing excess snow off site. Lots. As noted previously, the proposed development is to include 52 townhomes, 22 twinhomes and 10 single family residential homes. Townhomes. According to Section 401.03 .D.2 of the Zoning Ordinance, a townhome must provide 4, 000 square feet of lot area per unit. As shown below, the townhomes located north of 58th Street North and between 57th and 58th Streets North satisfy the Ordinance lot area requirement: Number Lot Area of Units Total Lot Area Per Unit Townhomes (north 28 130, 680 sq. ft. 4, 667 sq. ft. of 58th Street) (3 . 0 acres) Townhomes (south 24 145, 340 sq. ft. 4, 592 sq. ft. of 58th Street) (3 .3 acres) Twinhomes. The Zoning Ordinance stipulates that twinhomes must provide not less than 6, 000 square feet of lot area per unit. As shown on the submitted concept plan, twinhome lot sizes range from 6, 000 to 10, 860 square feet in size and comply with minimum lot area requirements . 5 According to Section 401 . 03 .D. base lot of a twinhome must not 3befless than 80 feet the Zoning ainewthe •dth (40 feet of width per unit) . width found to meet or exceed minimumAllt width home lots have been lot widtrequirements . Single Family Homes. As shown on the submitted concept plan, a total of 8 single family lots have been proposed south of 56th Street. Lots 25 (8, 520 square feet) and 28 (9, 640 square feet) of Parcel 2 are designed as single family lots, but they do not meet the dimensional requirements. With the exception of Lots 25 and 28, Parcel 2, all proposed single family lots meet preferred R-1 District dimensional requirements as reiterated below: Minimum Lot Aree Minimum r�� w;dth 10,300 square feet 80 feet Off-Street Parkin . Considering the width of the proposed private streets (24 feet) , adjacent off-street p e prohibited. If off-streetparking should be width should be increased parking 32� feet desired,s o allofor privateparking on one side. Such an expansion in width will ensure effectivetraffic movement and area safety. According to the Zoning Ordinance, two family dwelling units mus provide two off-street spaces per unit. All t dwellings appear to meet this re proposed two family two stall garages. requirement via their inclusion of Setbacks. While the PUD Ordinance does make provision for interior setback deviations, all perimeter setbacks in the applicable base zoning districts should be upheld. In this regard, all applicable perimeter setbacks in the R-1, R-2, R-3 , and R-B Districts have been satisfactorily met. In regard to interior setbacks, the Zoning Ordinance stipulates that no building within a PUD may be closer to another building than one-half the sum of the building heights of the two buildings. In order to determine compliance with this re t submission of building elevations will be necessary. lr�ent' the Driveways Driveways associated with the proposed twinhome units have been found to measure 20 to park vehicles outside the elim et is eof t the h. Ads esignated area privateate streets . 6 Park Dedication. The development proposal does not include park land dedication. The applicant will need to submit more complete information regarding dwelling unit configuration and number of bedrooms to calculate a cash park dedication amount. The Park Commission should provide comment and recommendation in regard to specific park dedication requirements . Grading and Drainage. As a condition of PUD concept plan approval, grading and drainage plans must be submitted. Of particular concern are the grading and drainage issues along the south property line and the potential effect on existing single family development. Such plans shall be subject to review and approval by the City Engineer. Landscaping. According to the Zoning Ordinance, a landscape plan must be submitted as part of the PUD development proposal. To date, no such plan has been submitted. Of particular issue in regard to landscaping will be the preservation of trees along the subject property' s southern boundary. A tree survey indicating the existing as well as trees to remain in that area will be required. Development Agreement. As a condition of final PUD approval, the applicant should enter into a development agreement with the City. As part of the agreement, the developers will be required to post security necessary to ensure compliance with the conditions of PUD approval. Trash. While it is assumed that trash removal will be the responsibility of individual property owners, this should be verified by the applicant. If centralized dumpster facilities are to be used, the location should be specifically identified. Utility Plan. In accordance with PUD submission requirements, a utility plan should be submitted for review. The plan will be subject to review and approval by the City Engineer. Signage. If signage is to be erected as part of the PUD, detailed sign plans should be submitted in accordance with Ordinance provisions. Sign plans should identify the location, type, and size of all proposed signage. Building Tvve. As a condition of PUD concept plan approval, specific building plans of the various structure types should be submitted subject to City approval . Such submissions will be necessary to determine compliance with applicable building height requirements . Restrictive Covenants. As a condition of PUD approval, all restrictive covenants associated with the proposed development must be submitted to the City for review and approval . 7 Easements. In accordance with City subdivision re l drainage and utility easements should be established along allons lines. This issue should be subject to further comment byt Engineer. Additionally, the City Engineer and/or Fire Che should provide comment as to the need to establish access easements over the development's private roadways. Em raencv Vehicle Access The Fire Chief should comment on the access issues to the townhome development north of 58th Street. Lch itina All exterior lighting locations to be erected in associated with private street construction should be identified on the submitted site plan. CONCLUSION Based on the preceding review, our office recommends approval the necessary PUD rezoning and PUD conce t pp of conditions listed in the Executive Summary plan subject to the uaQnary of this report. pc: LaVonne Wilson Joe Anderlik Mark Vierling Jack Krongard 8 Bon Bonestroo `sa°a A mtonoAssocratelInc aanAfimdpkrn AavEqualOpgpayE Ova Roserte G.Bono °.P£. 7-bwart Sanford.PE. Miuutl P.Rau.PE. Rote r W Roma PE• Kenn A.Gordon.P . Mark Q Walk PE loseon C.AnCernk PE. �4eS M.�^4 A.LC.►. Mites B.lenstn.PE, Anderiik &111 Room R.Fent"°.PE Thomas w person.PE. L PNap Cave!PE. Marvin L.Savaia•PE Ri�Iurd w.Foam.PE Rfcnass E.Tunic PE. Damn Q Lossoa.PE JamesmiceuI C.LynOm.PE Kasen L.Wireless.PE Glenn R.Cook PE. James R'erafana p P . K R. P£ Associates Thomas E.Noyes PE Jerry C Risen S.~!. Jerry 0. .PE Jay A.i3oeroon.PE Koos R.Papp PE. ROOM G.$drum P.E. Mart A.Manson.PE KenSton 1 Ao PE Shawn 1 Omar.PE ,. Engineers & Architects Ern" CP.A. Mittfaei f.RauammarrL PE ARM eth PO PE Shawn Q Gumsalsan.PE -Senior Consrlst Mint R.R PE Ceoio Quiet PE Teo K Field PE. Mart A.Soo.PE. Amaze.A Mhu G. mamas R. Gay W. .PE John P Gomm. Donald G.Bugtrdt PS. Pau 1 Gannon.AJ.A. Chanes A.Erktson Thomas A.Syne%PE CaneEOgertpn.PE WO h Freoat 1 SrenOesg.P$ A.RIO Senmet PE Olson 'shall Manner.PE. Olfpp I.Cameo.PE Jaynes P Engelman PRELIMINARY REPORT ON VALLEY VIEW ESTATES UTILITY AND STREET IMPROVEMENTS OAK PARK HEIGHTS, MINNESOTA FILE NO. 55118 October 11, 1994 Introduction Krongard Construction Company has submitted a plat for a new residential development n as Valley View Estates. The site contains approximately 18.4 acres of land and islao lastnoo Osgood Avenue, between the existing BrekHeights and Raymie ke orated east of Valley View Estates is Johnson Estates developments.Proposed as a mixed density developmerri, consistingof 8 single 24 twinhomes, and 52 townhome units in 7 individual buildings. family homes, The purpose of this report is to define the improvements required to serve thero and to provide cost estimates and a method of cost recoveryto determine p Posed development general layout of the streets and utilities to serve Valleyy� project feasibility. The attached to this report. Estates is shown on Figure No. 1 Required Improvements As part of the existing developments which surround Valley View Estates, ext improvements were made to serve this area. ensrve utility and street As a result, a large portion of Valley View Estates can be served by making service connections to these existing utilities. However, for the remainder of the site, it will be necessary to construct new improvements. 55118tiprefim.60 2335 West Highway 36 • St. Paul, MN 55113 • 612-636-4600 Sanitary sewer to serve the single family homes can be provided by constructing a new manhole over - the existing sanitary sewer line on 57th Street North and extending 8-inch diameter sewer into the single family area. The proposed twinhomes on 57th Street North:and Ozark Avenue North can be served off of the existing sanitary sewer mains on each of those streets. This would be done through a combination of connections to existing services that were installed with the existing main, and cutting new services into the mains at required locations. The three townhome buildings south of 58th Street North would also be served with sanitary sewer from the existing mains on 57th Street and Ozark Avenue. Finally, the four townhome buildings located north of 58th Street would be served by connecting to the existing sanitary sewer system on 58th Street and extending new 8-inch diameter main into the area. In order to provide water service to the single family area, a new 6-inch diameter main would be wet- tapped to the existing 8-inch diameter main located on the east side of Osgood Avenue. New 6-inch diameter mains would then be extended down 56th Street North and Osman Avenue North and connected to the existing 6-inch diameter main on 57th Street. Once the new main is in service, the existing 6-inch diameter main, which presently runs cross country between Osgood Avenue and 57th Street, would be abandoned. Similar to the sanitary sewer, the twinhomes, as well as the townhomes . located south of 58th Street,would be provided with water main service off of the existing mains on. :57th Street and Ozark Avenue. To serve the townhomes north of 58th Street, two connections : would be made to the existing 8-inch diameter main on 58th Street. New 6- and 8-inch diameter mains would then be installed on the street and driveway alignments within the townhome area to • serve the four buildings. Once the new mains are in service, the portion of the existing 8-inch diameter main located on the vacated alignment of 58th Street would be abandoned. Individual sanitary sewer and water service lines would be provided for each single family home and twinhome within the development. Water service lines would be 1-inch diameter, while sanitary services would be 4-inch. Service lines would extend 15 feet into each lot to prevent disturbance of other utilities as the homes are constructed. One sanitary sewer and water service would be provided for each townhome building. The water service would be 2 inches in diameter, with sanitary services being 4-inch diameter. The services would be extended to within 15 feet of the wall of each proposed building. In-line cleanouts would be provided on any sanitary sewer services that exceed 100 feet in length. Storm water drainage is generally to the southeast corner of the site. There is an existing 36-inch diameter trunk storm sewer which runs in an east-west direction across the site, generally paralleling 57th Street approximately 200 feet to the south. An existing 18-inch diameter storm sewer extends from this main and runs north along Ozark Avenue to collect drainage from existing Raymie Johnson 551181prelim.60 2 Estates and 58th Street. A new manhole would be placed over the existing36-inch near Osman Avenue with a new collection system extended to received diameter main roily area, as well as 57th Street. A drainage from the single family second manhole would be constructed over the 36-inch diameter main near the southeast corner of the site. From there, mains would be extended to the inte Ozark Avenue and 57th Street and partially up Ozark Avenue to collect runo{f °n of Drainage from the townhome area north of 58th Street will be collected and routed into storm water detention basins which will be located within the townhome area. two small sewer system on 58th Street will be connected to and extended to provide the outlet for these8 storm It should be noted that for the purpose of this report, it is assumed basals' storm water basins as part of the overall site grading for the that the developer will create the project. No costs have been included here for the design or construction of these basins. Street improvements within this development include the completion of the loop 58th Streets through their extension and the construction of Ozark Avenue. between 57th and e family area of the site will contain two public streets, including a connection to Osgoo the Avenue.sing Also, as part of this project, it is recommended that the existing intersection of Osman Av - 57th Street be reconstructed to provide a larger radius curve for easier vehicle sage and • `t a more desirable and comfortable movement, as well as grade transition between the two streets. Streets and drives located --twithin the townhome areas of the site will be constructed privately by the developer. All __-streets within the subdivision are proposed to have 60-foot-wide rights-of-way, is public standard. All new public streets will be improved to the standard width of 32 f , which c tof Cry to face of curb, with surmountable concrete curb and �from face of curb bituminous surfacing. The cul-de-sac will be surfaced to standard 4 -foot radius residento gravel base and for vehicle movement and snow plowing, to the back of curb Cost Estimates Detailed cost estimates have been prepared for the constriction of utilities and streets to serve View Estates and are included in the Appendix to this report. All costs are based on unit Valleyices anticipated for the latter part of the 1994 construction season and include a twenty-five(25)percent allowance for engineering, legal and administrative costs. No costs are included for interest duringthe construction and before assessments are levied. A summary capitalized is shown below: of these costs is 551 18\preiim.6o 3 Cost Summary Item Estimated Cost Sanitary Sewer $ 66,500.00 0 Water Main 59,400.00 Services 65,900.00 Storm Sewer 145,900.00 Street Base 64,300.00 Street Improvements 144.600.00 Total $546,600.00 All costs shown above must be applied to the subdivision for recovery.- These costs are discussed in detail in the following sections of this report. - - =addition,-connection charges must be applied to the subdivision and included in the overall cost estimates to determine total costs. These connection charges are based on a combination of the area being developed and the proposed land use type, with higher intensity usage being charged at an increased rate. A summary of the applicable connection charges for this development is given at the end of this report. Cost Allocation As discussed previously, Valley View Estates will consist of 8 single family lots, 24 twinhomes and 52 townhomes. From previous mixed use developments, it has been found that utility lateral and street costs are nearly twice as much for single family homes as compared to townhomes or condominiums. Furthermore, twinhomes fall between these categories, for while each twinhome has its own lot similar to single family homes, the typical Iot size and unit size is significantly smaller. Therefore, for the purpose of this report, each single family home will be assigned the value of one equivalent unit, each townhome will be assigned the value of one-half equivalent unit, and each twinhome will be assigned the value of three-quarters equivalent unit. The equivalent unit summary for the development is shown below: 55118\prelim.60 4 1 i VALLEY VIEW ESTATES 8 Single Family Homes @ 1 equiv. unit 8 equiv. units 24 Twinhomes @ 0.75 equiv. unit 18 equiv. units 52 Townhomes @ 0.50 equiv. unit 26 equiv. units Total 52 equiv. units Due to the extent of existing public utilities located throughout the site, it will only be necessary to install new public utilities within certain portions of the development in order to provide service to all proposed units. However, no costs are being assigned here to any unit within the development for the existing utilities. Therefore, in order to keep relative costs between all units on an comparable. basis, it is recommended that costs for the new 'be improvements to be installed under this project be divided equally among all units by the equivalent unit method as outlined above:— Because charges vary with each facility, a separate discussion is presented for each of the v improvements. annus Sanitary Sewer The total estimated cost of the sanitary sewer improvements to be performed under this project is $66,500.00. The recommended distribution of costs is as follows: — Sanitary Sewer: $66,500.00/ 52 equiv. units $1280.00 /equiv. unit - Single Family: 1.0 equiv. unit @ $1280.00 $1280.00 /lot Twinhome: 0.75 equiv. unit (a7, $1280.00 $ 960.00 /unit Townhome: 0.50 equiv. unit® $1280.00 $ 640.00 /unit Water Main Required water main improvements for the development are estimated to cost a total of$59,400.00. The allocation of this cost is: Water Main: $59,400.00/52 equiv. units $1140.00 /equiv. unit Single Family: 1.0 equiv. unit @ $1140.00 $1140.00 /lot Twinhome: 0.75 equiv. unit @ $1140.00 $ 860.00 /unit Townhome: 0.50 equiv. unit @ $1140.00 $ 570.00 /unit 551184relim.60 5 Services Individual services will be installed to connect each single family home and each twinhome unit to the sanitary sewer and water systems. Only one service will be provided for each multi-unit townhome building. In order not to skew the distribution of costs too heavily onto the single family and twinhome areas, it is recommended that the entire costs for all service improvements within the development be allocated by the equivalent unit method. The resulting charges on a per lot or per unit basis are shown below: Services: $65,900.00/ 52 equiv. units $1270.00 /equiv. unit Single Family: 1.0 equiv. unit @ $1270.00 $1270.00 /lot Twinhome: 0.75 equiv. unit @ $1270.00 $ 950.00 /unit Townhome: 0.50 equiv. unit @ $1270.00 $ 630.00 /unit Storm Sewer The total estimated cost of the storm sewer improvements to be performed under this project is • $145,900.00. The recommended distribution of costs is as follows: • Storm Sewer. $145,900.00/ 52 equiv. units $2810.00 /equiv. unit Single mil : equiv. n8' . /l Twinhome:Fay0.75 1.0 equiv.uunitit@ @$28$2t100.0000 $2110.00$2810.00 /unitot Townhome: 0.50 equiv. unit @ $2810.00 $1410.00 /unit Street Improvements -- - - -- -- All street and driveway improvements to be performed in the townhome areas will be done privately by the developer. Therefore, the costs of those improvements have not been included in this report and will not be charged against the development. However, it is evident that the townhome buildings located south of 58th Street will receive benefit from the construction of the public 57th Street, Ozark Avenue and 58th Street. Similarly,the townhome area north of 58th Street receives benefit from the existing public 58th Street, even though it was not directly assessed any portion of the cost to improve it. Therefore, it is equitable that the costs of the street base and street improvements for the public streets to be constructed as part of this project be distributed over all portions of the development, including the townhome areas. 55118\prelim.60 6 At the time of the Osgood Avenue improvements e existing property in 1990, the Ci owners stating that no ���into an agreement with would be assessed to the Conti portion of the costs ofrealigning contiguous and benefitted i�ng 5opth and 58th Strom agreement at deductingeProperties. It is appropriate agimproving this time Streetby and Osman cost of the equivalent 57th StreetP • fulfill � Avenue as part of this projgnment ect. costs P 1ect. The total length of streets to be improved v�roved as partof this project is 1810 lineal feet. mprovements on a per foot basis yields the foll .r�8 the total costs of the proposed street i Street Base: g $64,300.00/ 1810 Street Improvements: LF = $35.52/LF $144,600.00/ 1810 LF $79.89/LF At the time the agreement was entered into, the length 350 lineal feet. Based on the current cost estimates, ofe proposed 57th Stree value of the realignment realignment was is: Street Base: 350 LF @ $35.52 = $12,432.00 Street Improvements: 350 LF @ $79.89 _ $27,961.50 Deducting the value of the 57th Street realignment results street improvement costs which are to be applied to the subdivision: the following revised meted on: Street Base: $64,300.00 - $i2,432.00 = $ 51,868.00 Street Improvements: $144,600.00 - $27,961.50 = 3116,638.50 Allocating these costs on an equivalent unit basis is as shown below: _ ^- Street Base: $51,868.00/52 equiv. units $1000.00 /equiv. unit Single Family; 1.0 equiv. unit @ $1000.00 $1000.00 /lot Twinhome: 0.75 equiv. unit @ $1000.00 $ 750.00 /fit Townhome: 0.50 equiv. unit @ $1000.00 $ 500.00 /unit Street Improvements: $116,638.50/52 equiv. units Single Family: I.0 equiv. unit $2240.00 /equiv, unit Twinhome: � $2240.00 $2240.00 not 0.75 equiv. unit Townhome: @ $2240.00 $1680.00 /unit 0.50 equiv. unit @ $2240.00 $1120.00 /unit 551181prelim.60 7 Lot Cost Summary A summary of the lot or unit costs discussed in the previous sections of this report is shown in the following tabulation: Cost/Unit Item Single Family Twinhome Townhome Sanitary Sewer $ 1280.00 $ 960.00 $ 640.00 Water Main 1140.00 860.00 570.00 Services 1270.00 950.00 630.00 Storm Sewer 2810.00 2110.00 1410.00 Street Base 1000.00 750.00 500.00 Street Improvements 2240.00 1680.00 1120.00 Total $ 9740.00 $ 7310.00 $ 4870.00 As mentioned previously, all dwelling units within the subdivision are subject to connection charges which are collected with each building permit as the unit is developed and connected to the public utility systems. The following is a summary of the connection charges which should be applied to Valley View Estates: Connection Charge/Unit Item Single Family Twinhome Townhome Sanitary Sewer $ 714.26 $ 509.35 $ 341.00 Waterworks 1163.58 891.77 668.46 Storm Sewer 907.89 750.23 475.98 Total $2785.73 $2151.35 $1485.44 In addition to the lots and units being improved as part of this development, there is a 1.60-acre parcel located within the site which is not being improved at this time. The parcel is located north of 56th Street and east of Osgood Avenue, as indicated on Figure No.1. For informational purposes, it is noted here that if this parcel were to be developed with a multi-family townhome building, the total connection charges which would be collected are $11,712.00, plus$600.00 per unit. 551181prelim.60 8 Due to the unique situation of the proposed development, with the amount of existingpublic utilities located on the site, the large number of connections which will be made to the disruption f existing street surfaces, etc., there are no recent residential subdivisions to which costcan e compared. However, the total unit costs determined by this report be P certainly seem to be within the acceptable range for a development of this type. Conclusions and Recommendations As a result of the study undertaken, it can be concluded that the construction of utilities and streets to serve Valley View Estates is feasible, with costs being acceptable for a mixed use development within the City of Oak Park Heights. p It is recommended that this report be approved and used as a guide for the layout, design and cost --17.-"-:L _ __ allocation of the public improvements to serve Valley View Estates. It is further recommended that copies of this report be forwarded to the developer for their review. Upon receipt of their concurrence on project feasibility, preparation of plans and specifications for the improvements could .be authorized. I hereby certify that this report was prepared under myby me or direct supervision and that I am a duly Registered Professional Engineer under the laws of the State of Minnesota, C.' Joseph C. Anderlik Date: October 11, 1994 Reg. No. 6971 55118\preiim.60 9 APPENDIX VALLEY VIEW ESTATES COST ESTIMATES Sanitary Sewer 480 Lin. ft. 8" PVC, SDR 35, 8'-10' deep in pl @ $17.00/If 225 Lin. ft. 8"PVC, SDR 35, 10'-12' deep in pl @ 19.00/1f $4,275.00.00 120 Lin. ft. 8" PVC, SDR 35, 12'-14' deepin 1 520 50 Lin. ft. 8" PVC, SDR 26, 12'-14'deep in ppl @ 24 00�f 2,520.00 55 Lin. ft. 8"PVC, SDR 26, 14'-16'deep in pl @ 26.00/If 1,200.00 70 Lin. ft. 8"PVC, SDR 26, 16'-18' deep in pl @ 28.0 1,430.009 8 Each @ � 1,960.00 Std 4' diam. MH, 8' deep w/cstg in pi @ 1250.00 1 Each Construct 4' diam. MH over exist.8" VCP @ 2000.00 10,000.00 28 Lin. ft. 4' diam. MH depth - 2,000.00 p greater than 8'@ 100.00/If 1 Each Cut in to exist. MH& reconstruct invert® 500.00 2,800.00 12 Each 8" x 4" PVC wye branch, SDR 35, in pl @ 50.00 500.00 21 Each Core drill exist. 8" VCP and place 8" x 4" PVC saddle for 600.00 service in pl @ 250.00 5,250.00 50 Lin. ft. 4" PVC, Sch 40, riser in pl @ 15.00/1f - •- =1000 Lin. ft. Improved pipe fdn mtl; 6" thick; in pi - 750.00 _ 30 Lin. ft. Remove exist. concrete curbing4.00/1f @r 00 - Z,000•00 @ 120.00 90 Sq. yd. Remove& restore exist. bituminous surfaced road @ 40.00/sy 3,600.00 120 Sq. ft. Remove exist. bituminous pathway @ 0.50/sf 200 Ton 11/2clear rock for mud break in pl @ 10.00/tn 60.00 1000 Lin. ft. Televise sanitary sewer @ 1.00/lf 2,000.00 Lump Sum Traffic control 1,000.00 Estimated Construction Cost 3-000 00 25% Engr., Fiscal & Admin. $53,225.00 Total Sanitary Sewer 275.00 $66,500.00 551181preiim.60 10 Water Main 230 Lin. ft. 8"DIP, C152, 7W cover in 970 pl @ $20.00/If Lm- ft. 6"DIP, CI 52, 7W cover in pl @I6.00/lf S 4,600.00 1 Each 8"gate valve& box in I 15,520.00 2 P @ 600.00 Each 6"gate valve& box in 1 600.00 7 Each P @ 400.00 5" valve hydrant in pl @ 1400.00 800.00 1 Each Wet tapexist. 8" 6" 9,800.00 2300 CIP, incl. GV& box in p1 @ 1800.00 Lb C.I. fittings @ 1.00/lb 1,800.00 2 Each Cut in to exist. 8" DIP main 2,300.00 @ 300.00 2 Each Cut 8" x 6" tee into exist. 8" DIP600.00 2 main® 700.00 Each Cut 6" x 6" tee into exist. 6" DIP main 1,400.00 @ 500.00 1,000.00 2 Each Cut in to, plug& abandon exist. 6" CP main 2 Each Plug& abandon exist. 8"DIP main @ 500.00 1,000.00 30 Lin. ft. Remove exist. 8"DIP (� 300.00 600.00 20 @ 10.00,1E - Lin• ft• Remove exist. 6" Cl? @ 8.00,1E 300.00 40 Lin. ft. Remove exist. concrete curb & 160.00 20 Lin. ft. Construct concrete curb & gutter @ 4.00,1E 160.00 80gutter @ 12.00,1E Sq. yd. Remove& restore exist. bituminous surfaced 240.00 100 Sq. ft. Remove exist. bituminous pathway @��00/�' 3,200.00 1200 Lin. ft. P Y @ 0.50/sf Improved pipe fdn mtl, 6" thick 1 50.00 Lump Sum Relocate exist. hydrant P @ 2 00,1E 2,400.00 Y @ 1000.00 Estimated Construction Cost IOU 25% Engr., Fiscal & Admin. $47,530.00 Total Water Main 11 870.00 559,400.00 551181preiim.6o 11 Services 6 Each Connect to exist. wye or riser®$100.00 $ 600.00 4 Each 2" corp. stop tapped into 6" plug, complete in p1(250.00 1,000.00 3 Each 2" corp. tapped into exist. 6" or 8"DIP main, incl. saddle @ 350.00 1,050.00 32 Each 1" corporation stop in p1 @ 45.00 1,440.00 7 Each 2" curb stop & box in p1®250.00 1,750.00 32 Each 1" curb stop &box in p1 @ 85.00 2,720.00 370 Lin. ft. 2" Type K copper in common trench @18.00/1f 6,660.00 1800 Lin. ft. 1" Type K copper in common trench c@ 9.00/If 16,200. 00 1970 Lin. ft. 4"PVC, Sch 40, in common trench @ 9.00/If 17730000 2 Each 4"PVC in line cleanout, complete in p1 @ 300.00 600.00 1490 Lin. ft. Improved pipe fdn mtl, 6" thick in pi ®2.00/If 2.980.00 Estimated Construction Cost $52,730.00 - 25%Eng.,Fiscal&Admin. - — -13.170.00 Total Services $65,900.00 • 55118\prelim.60 12 Storm Sewer 105 Lin. ft. 2I"RCP, C14, 0'-8' 125deep in p1 @ $30.00/i' Lin. ft. 2I"RCP, CI 4, 8'-10' deepin 1 33.00/If $ 3,150.00 95 � � P @ Lin. ft. 18"RCP, Cl 5, 0'-8' deep p1 @ 28.00/If 4,125.00 680 Lin. ft. 15"RCP, CI 5, 0-8deep -in Pl @ 25.00/lf 2,660.00 785 Lin. ft. 12"RCP, Cl 5, 0'-8' deepin 1 17,000.00 2 Each � � P @ 22.00/1f 18" RCP flared end w/trash17,270.00 I Each guard in PI @ 850.00 15" RCP flared end w/trash1,700.00 2 Each 12"RCP flared end w/trash guard in Pl @ 750.00 750.00 guard in 1 Each Const. 8' diam. 36" p @ 650.00 1,300.00 I MH over ex. RCP w/cstg in pi @ 5000.00 5,000.00 Each Std 7' diam. MH w/cst in i @ I gp 4000.00 Each Const. 6' diam. MH over ex. 36" 4,000.00 I RCP w/cstg in pi @ 3500.00 Each Const. 5' diam. MH over ex. 36" RCP w/cam 3,500.00 1 Each Const. 5'di g in PI @ 2500.00 2,500.00 am. CBMH over ex. 18" RCP w/cstg in pi @ 2500.00 2,500.00 2 Each Std 4' diam. MH w/cstg in pi @ 1100.00 10 Each Std 4' diam. CBMH2,200.00 2 w/cstg in pi @ 1200.00 Each High capacity 4' diam. CBMH comp fete in 112,000.00 9 Each Std 2'x 3'precast CB w/cstgin p1 p @ 1800.00 3,600.00 3 Lin. ft. ' 5 diam. manhole depth greater than 8850.00 7,650.00 8 Lin. ft 6'�� m @ 130.00/[f 390.00 anhole depth greater than 8' @ 200.00/lf 2 Lin. ft. 8'diam. manhole depth 1,600.00 1 Each P greater than 8 @ 350.00/If Cut in to exist. MH& reconstruct invert®300.00 700.00 1700 Lin. ft. Improved pipe fdn mtl, 6" 300.00 110 thick in pi @ 2.00/lf Lin- ft• Remove thick ex. concrete curb & 3,400.00 170 Sq. yd. Remove& restore exist. bite_ gutter @ 15.00/1f 1,650.00 100 Sq. ft. Remove& restore exist. bituminous spathway @ 2.ous 50/sf��road @ 40.00/ sY 6,800.00 19 Each Erosion control at catch basin @ 75.00 50/sf 250.00 300 Lin. ft. Erosion control fencing1,425.00 400 Lin. ft. Hay @ 3.00/If or straw bale diversion in place @ 3.00/If 900.00 0.7 Acre Seeding w/mulch anchored inplace @ 1,200.00 2400 200 Sq. yd. Sodding w/topsoil in place @ .00sy .00/ac 1,680.00 400 Sq. yd. Overflow swale 600.00 Lump Sum grading incl. topsoil & sod in pi @ 6.00/sy 2,400.00 Establish overflow spillway Estimated Construction Cost 00 00 25% Engr., Fiscal & Admin. $116,700.00 Total Storm Sewer 29 200 00 $145,900.00 55118%prejim.60 13 Street Base 1500 Sq. yd. Subgrade preparation(a3$0.50/sy $ 750.00 2450 Cu. yd. Core excavation(cry 3.50/cy 8,575.00 5400 Ton Aggregate backfill in place @ 4.25/tn 22,950.00 3050 Ton Class 5 gravel base in place(a3 5.50/tn 16,775.00 200 Lin. ft. 4"PPVC drainline in place(43 10.00/1f 2,000.00 4 Each Cut in to exist. pipe or stricture a( 100.00 400.00 Estimated Construction Cost $51,450.00 25%Engr., Fiscal& Admin. 12 8 50 00 Total Street Base 564,300,00 • 55118\prelim.60 14 Street Improv_ eme is 790 Lin. ft. Remove exist. concrete curb & gutter 300 Lin. ft. Remove exist, bituminous curb ®3.00/If $4.00/If $ 3,160.00 100 Sq. yd. Remove exist. bituminous surfacin 900.00 2200 Sq. yd. Milling $@ 3'00/sy 300.00 exist. bituminous surfacing, 3" thick®6.00/sy 13 Lump Sum Remove exist. tem or ,200.00 LumpSum p ary cul-de-sac Grading & prep. of Osman Ave./57th St. N. intersection 1,500.00 8500 Sq. yd. Subgrade preparation @ 0.50/sy 2,000.00 870 Ton Class 5 gravel base in p1 @ 5.50/tn 4,250.00 790 Ton Type 31 bituminous base � p incl. AC-1 in 1 4,785.00 790 Ton @25.00/tn 19,750.00 Type 41 bituminous base, incl. AC-1 in pl (a3 2700% 420 Gal Bituminous mat'! for tack coat in pl @ 1.00/gal 21,330.00 4300 Lin. ft. Surmountable concrete curb & 420.00 180. Lin. Bituminous ft. gutter in pl (a�5.00/lf 21,500.00 curbing in pl @ 3.00/1f 160 Lin. ft. Saw cut exist. bituminous surfacin 540.00 9 Each Adjust ex8(�3.00/If 480.00 exist. manhole casting @ 250.00 22 Each Adjust exist. catch basin casting2,250.00 @ 200.00 3 Each Adjust exist. valve box @ 150.00 4,400.00 6 Lin. ft. Valve box extension in place @ 50.00/1f 450.00 3 Lin. ft. Hydrant barrel extension in place @ 300.00/If 900.00 120 Lin. ft. Remove& replace conc. curb & 900.00 p Sutter'® 15.00/lf 25 Hour Boulevard grading @ 75.00/hr 1,800.00 1.2 Acre Seeding w/mulch anchored in place @ 2400,00/ac 1,875.00 850 Sq. yd. Sodding w/topsoil @ 3.00/sy 2,880.00 10 Hour Street sweeper w/operator @ 60.00/hr 2,550.00 10 Hour Bobcat w/operator for cleaning @ 60.00/hr 600.00 50 MG Water for dust control @ 15.00/MG 600.00 75 1 Each Remove existing double wood barricades @ 200.00 200.00 Lump Sum Surface preparation for bituminous wear course 200.00 2 0_ Estimated Construction Cost 25% Engr., Fiscal & Admin. $115,670.00 Total Street Improvements 28_ $144,600.00 551181prelim.60 15 II /%/��/ ` \ ��• �— �...—...�...—...—...—.. —.. _ ..—...—...—.. �...tea.. •, a ""' , 2 7 2 7 1 1 I I A/ Esz:ATE5 - ; ? \� Q /// 4 5 4 5 ► I JOHNgz_ _r_1 Z �/ ► \7 ► RAS M❑0 ❑ 0 0 ❑n ., / 8 PROPOSED 1 r f / �-In5 1 \ PROP I ❑ I 't3 �/� I PNRAe10 sED \� 11 2 3 1 2 3 SANITARY I r II ❑ (1 y imAN \ '015 14 6 5� 4 L J I J rim ill ❑r 1 I rl // I ——— s:al— 1i - , I PROPOSED / U Inl • �.-.... 58th, St. N . 411 U /7 II > tE �.(/ I <, \� ilii .i.,.rum-: _,-,...„-_,-_-,..„......„.„..:„;_i„..... i i _. > / / /0*/, NDN=46,1 t 1—— i 'I�J 1 21 3 4 1 234 1 2 3 4 =— 32 > / _L ,% r-- 2r 8 7 6 5 8 7� 6�5 8 7 6 5 1 //.// %�; � V ' �I�0 PROPOSED !�/ �' 1 5 NAINsEvr. 30 ° 5/'/% Q moi/ L J 5 'vim:.; N 29 o \\ IG \ 1rZT1i% T .7 ,819202124i 27rly7UaE 22 23 / 11 w 26 \ .• : .. :owN►ao -:OC flON 9 10 — _JI 5 I )�" , 56th ► o - -- _�- s _ • j Ex as ,/ a *V , .% PROPOSED L •.., e, & SANARY . SE'NHR N _ 1 �D��j7wy T 4 %% 2 I 3 4 ` PAS-las . I - i %/ 5. 6 I, I I ��4I - • 56t}- S reet 1 v > 41,5-4,i - _ N' < 1I I PREI(IE fr'E/6HT5' A/O. 2 ; a il ! 1 1 I I I N 1 I I ► p 0 200 40C mime Scale in feet LOCATION PLAN ti Bonestroo Rosene • OAK PARK HEIGHTS, MINNESOTA FIGURE 1 Anderlik & Associates VALLEY VIEN ESTATES , r AGREEMENT FOR ISSUANCE OF INTERIM GRADING PERMIT WHEREAS, Krongard Construction Company has applied for a Planned Unit Development within the City of Oak Park Heights; and, WHEREAS, Krongard Construction Company has received concept approval on the Planned Unit Development; and, WHEREAS, Krongard Construction Company has applied to the City for an Interim Grading Permit to be allowed to grade and seed the area to be improved by the Planned Unit Development prior to the onset of winter 1994 anticipating that the balance of development will be completed throughout 1994 and 1995; and, WHEREAS, the Office of the City Engineer has reviewed the grading and ponding plans as it affects the Planned Unit Development and has determined that the appropriate level of security would be in the amount of $30, 000.00 to secure to the City the prompt and proper grading, seeding and ponding that is necessary to serve this development; and, WHEREAS, Krongard Construction Company has received also preliminary approval from the Middle St. Croix Valley Water Management Organization, who has temporarily approved the grading and ponding plan; and, WHEREAS, Krongard Construction Company acknowledges that they would be preceding at their own risk in that there has not been a final approval granted as to the Planned Unit Development application and acknowledges that the work that it may be implementing on an interim basis may be of no benefit and may be lost to them if the Planned Unit Development is not granted in final form; and, WHEREAS,• Krongard Construction Company P Y recognizes and acknowledges that the City of Oak Park Heights shall not be bo to issue an and y final Planned Unit Development and may under its own regulations and in the public interest, modify, amend, change otherwise alter aspects of the Planned Unit Development asp or for or otherwise refuse to issue same, if the applied same does not comply with the ordinances and regulations of the City of Oak Park Heights or the interests of the Public as served by the City of Oak Park Heights. NOW, THEREFORE, BE IT RESOLVED by the City Council for the City of Oak Park Heights and Krongard Construction Companyas follows: 1. That the proposed Development to be known as Valley View Estates as proposed by Krongard Construction Company shall be allowed to proceed with interim grading, ponding and seeding in the manner and form as approved by the Office of the City Engineer. 2 . That prior to the commencement of any work on the interim grading permit to be issued by the City, Krongard Construction Company shall deposit with the City by way of cash or irrevocable Letter of Credit, a security of $30, 000.00. 3 . That in the event the City Engineer determines that Krongard Construction Company is not performing the grading, ponding and seeding in an acceptable manner or creates a condition upon the site which is dangerous or hazardous to the public safety, creates unacceptable levels of erosion or exposure for risk of future erosion to the site or to adjoining properties, the City of 2 e Oak Park Heights may, without notice to the Developer, apply on the cash deposit or Letter of Credit to secure funds necessary for the - - - - --- City to complete- the interim grading, seeding and ponding in a manner acceptable to the Office of the City Engineer. Dated this 13th day of October, 1994. KRONGARD CONSTRUCTION COMPANY CITY OF OAK PARK HEIGHTS By: v By: ?� y 1st Its ^O S eputy Clerk 3 ' (:) ' . (a) BYLAWS OV V11:GL2Y V,:Ew CONI OWENXUM$ NORTH ASSOCIATION, A MINNESOTA NON-PROPIT CORPORATION ARTICLE I - NAME AND DATE OV INCORPORATION Section 1. &nig. The name of Lhe (.:ui:poratJ.on is View Condominiums Noi:I:I Association Valley Association is formed pursuant to Chapter 317Aand5150 . 1-101 gt gam. , Minnesota Statutes , known respectivelya the Minnesota Non-Profit Corporation Act and the Minnesota ' Common Interest Ownership Act (the latter being referred to herein as the "Act" ) , and laws amendatory thereof and supplemental thereto. The terms used in these Bylaws shall have the same meaning as they have in the Act, except as otherwise specified herein. ase Incorporation Section 2 .of P eo.�-I.ggp.41?o 'allot,. The Articles Secretary of State orAl•1•tec5l:a(:ec�of:ere filed Mi1111t.9C)t� on of in the brs , the 1994 . December 6, ARTICLE II - MEMBERSHIP ERSllaaP ANt) VO'1•Y.0 sectuon 1, shall consist of the Unit Owners�oi! theUnits within Common Interest Community No. 74 ��membership of the Association nesCOI North,niy (The "CIC") known as Valley View Washington County, Minnesota. the Association shall be a separated from unit ownership in the CIC. Membership in appurtenant to, and shall not . be to be a member of the Association at such time as the ceases to be Unit Owner of a Unit . eachA person shall cease vote. Where ahUne Unit shall haveaveoo such Unit Owners. shall'ttbeemembe.rsr1ofUthe Association a one vote allocated to that Unit in accordance with the Declarationcla, do of and these Bylaws shall be cast as the Unit Owner and the themselves may Association, determine and signify in writingt among but in no event: nitall. more (:han oetvvoteebe cast with respect: to any Unit: nor shall the vote be split or otherwise cast separatel • allocatedit toOwners.a Unith there is more than one Unit Owner of a Y by Unit,s thehet nit wWhere thereof shall notary the Secretary Unit Owners of the name of the Unit Owner who has been designated of the Association in writing the vote attributable to that: Unit on behalf of all Owners of that Unit: . 5 t,ed to cast the Unito Owner who J s If the Owners of a Unit cannotoa the Unit attributable to the Unit oto witeaeliynat.ed to cast the vote on in which such vote is to be cast, the Unit Owners Y such Owners, or on the such dispute to the Board of Directors of the Association. manner Board of Directors shall resolve such ofdisputetss shall submit Boardmof D bystheamann. The the Board of Directors to be. fairna deequitab and such determination shall be binding Membership in the Association shall automatically equitable ownership of a • heit is transferred ins anyma said Unita Owners.en mannerY pies when the' Section 2 . 1 c is "rel: ' o f each Unit Owner to register. with the Secretary �'.cal_s _l 7tgt. It shall be the duty of Association in writing (i) the name andaddress of the Owner; (ii) the nature and satisfactoryinof suchsuUnit Owner' s interest or estate in a Unit; ndv(iii) of such Unit which such Unit Owner desires to receive notice ofey a at any duly duly •� . called meeting of the Members . If: a Unit Owner does not register as provided in this paragraph, the Association shall be under no duty to recognize the rights of such person hereunder, and shall not recognize such person' s right to vote as provided herein, but such failure to register shall not relieve a Unit • Owner of any obligation, covenant or restriction under the Declaration or these Bylaws . If there is more than. one Unit Owner of a Unit, each must execur.e • the regintration as provided in this paragraph. Section 3 . Ma-iority of Owners. As used in these Bylaws, the term "Majority of Owners" shall mean Owners holding 50% of the total number of votes in the Association. Section 4 . 'roxies. Owners may execute a written proxy statement appointing a third party to cast the Owner' s vote at an annual or special Association meeting . The Owner must file the proxy statement with the Association secretary before the appointed time of each meeting . A proxy statement shall be valid for a period of one year unless the proxy statement itself indicates that it is valid for a different period of time. Section 5 . Quorum. Except as otherwise provided in these Bylaws, the presence of a Majority of Owners eligible to vote, . in person or by written proxy statements, shall constitute a quorum. Section 6 . Place of Meetings.. Meetings of the Association shall be held at the office of the Association or such other suitable place convenient to the Owners as the Board may designate . Section J. Annual Meetings_. The first annual meeting of the Association shall be held on the second Tuesday in January, 1995 . Thereafter, the annual meetings of the Association shall be held on the second Tuesday in January of each succeeding year or at such other time and place as the Board of Directors may, from time to time reasonably determine . At each annual meeting, the Owners shall elect one or more Directors in accordance with the requirements of the Bylaws . The Owners may also transact such other business of the Association as may properly come before them. Section 0 . Special Meetings. The Association president shall call a special meeting of the Owners if ; (a) The Board adopts a resolution directing the president to call a special meeting; (b) A Majority of the Owners execute and present to the Association' s secretary a petition requesting a special meeting of the Owners ; or (c) A duly authorized representative of the Federal Rousing Administration ( "[IIA" ) or the U.S. Department of veterans Affairs ( "VA") makes a written request that the Association call a special meeting of the members . 4 -2- 1JV ,Q7G1 J • • No business shall be transacted at a special meeting except as stated in the notice provided pursuant to Section 9 unless four-fifths (4/5) of the Owners present in person or by proxy consent to the transaction of additional. business . Section 9. Notice of Meetiricg,s. It shall be the duty of the secretary to mail a notice of each annual or special meeting to each Owner of record, at least 21 days prior to such meeting for annual meeting and at least 7 days prior to such meeting for special meetings, but not more than 30 days. prior to such meeting. The mailing of a notice in the manner provided in this section shall be considered notice served. Notices of all • meetings shall be mailed to the director of: the local office of • the FHA and VA, if applicable . The notice shall state the purpose of the annual or special meeting; the time and place where the annual or special meeting shall be held; and shall include a complete agenda for the annual or special meeting. Section 10 . Ad-iourned Meetitlgs . If any meeting of Owners cannot be organized for lack of a quorum, a majority of the Owners who are present, either in person or by proxy, may adjourn the meeting to a time not less than 48 hours from the time the original meeting was called and this process may be continued until a quorum can be obtained. Section 11. Order of l3usill-e_ssl. The order of business at all annual meetings of the Owners shah, be as follows: (a) Roll call . • (b) Proof of notice of meeting or waiver of notice. (c) Reading of minutes of preceding meeting. (d) Reports of officers . (e) Report of i2ti11 and or VA representative, if present . (f) Report of committees. (g) Election of inspectors of election. (11) Election of directors . (i) Unfinished business. (j ) New business . ARTICLE XII - BOARD 01? DIRECTORS Section ],, ec .uarlt COIlI•rql. The Declarant shall designate the Associa ton s iultial Board of Directors Th • "Board") . The Declarant shall also have the right and select successors to the initial directors as may (The required from time to time . Except as provided below,to designate Declarant shall control the Board of Directors foretye years -3- • rdn'" MMINIM11* • from the date of the filing of the Declaration. The period of Declarant control will terminate before the expiration of the five-year period only upon Declarant' s voluntary surrender of control to the Owners or sixty (50) days after the date Declarant has conveyed 7511 of the Units to Owners other than a Declarant . During the GO-day period referenced above, the Owners shall elect a new Board at an annual meeting or at a special meeting called for that purpose . Sixty days after the date Declarant has conveyed 50% of the Units to Owners other than a Declarant, Owners other than Declarant shall elect not ' less than 33-1/3% of all the members of the Board at an annual meeting or at a special meeting called for that purpose. In determining whether the period of Declarant control has ' terminated or whether Owners other than Declarant are entitled to elect members of the Board, the percentage of the Units which Declarant has conveyed is presumed to be that percentage which would have been conveyed if all of the Units which Declarant has built or reserved the right to build in the Declaration were included in the CIC. Since Declarant has reserved the right. to add the Additional Real Estate to the CIC, the number of Unite conveyed must be divided by the total number of Units which may be added to the CLC twenty-two (22) Units to determine if Declarant has sold the requisite percentage of Units to Owners other than Declarant . Section 2 . Number and OualificatJ,oua. The Board shall consist of three members until such gime as the Association holds the election required after 501 of the Units have been conveyed to Owners other than a .Declarant . After that election, Board shall consist of five (5) directors . The Declarant shall select three of the directors, and the Owners shall elect two of ' the directors . After 75% of the Units have been conveyed .to Owners other than Declarant, the Owners shall elect all five members of the Board. Each member of the Board, unless selected by Declarant under Section 1 above, shall be one of the Owners and shall reside in the CIC; provided, however, that if an Owner is a corporation, partnership, trust or: other legal entity other than a natural person or persons , then any designated agent of such corporation, partnership or other legal entity, or beneficiary of such trust, may serve as a director if such agent or beneficiary, unless an agent of the Declarant, also resides in the CIC. Section 3 . Election and Term of Odes. At the first annual meeting of the Association following termination of Declarant control, the term of office of two directors shall be fixed for three (3) years . The term of office of two directors shall be fixed at two (2) years, and the term of office of one director shall be fixed at one (1) year. At the expiration of the initial terns of office of each respective director, the director' s successor shall be elected to serve. a three-year term. Directors take office upon election and hold office until successor directors are elected and hold their first meeting. • Section 4 . Vacancies. Except as provided below, a majority of the remaining directors shall vote to fill vacancies on a Board even though the remaining directors may constitute less than a quorum. Each director so elected shall be a director • • -4 .,' • l until the Owners elect a successor at thegg the Association. The Declarant may appoinln-.eatdirecttornto�filof l a vacancy which occurs on the Board during a period of Declarant control . If a Majority of Owners remove a director Section 5, the owners shall elect a director to replacesthet to director removed. Section 5 . gamoigi of Directors . A Majority of Owners may, with or without cause, remove a director whom the Owners elect, but not a director whom the Declarant appoints, s ecial meeting duly called, and the Owrhlltimmediately or elect a successor to fill the vacancy created. propose the removal of a director, the director shallebewgiven an opportunity to be heard before a vote is taken on the director' s removal . Section 6 . Ozaan zational Meeting. The newly elected Board shall be held within I:en (lo)�daysl.ofg of a election at such place as the el meeting at which the directors wereLelected.ll No Notnoticeostalbs necessary to the newly elected directors in ordernlegallyhtol ,be constitute such meeting, provided a majority of the Hoard is present at the meeting. Sect:iocr, 7. 3e.eu ar Mee d. The Board may hold regular meetings at the time and place as a majority of the directors • shall determine . At least two regular meetings shall be held during each fiscal year. Notice of regular meetings of the Board shall be given to each director, telephone or telegraph, at least three personally io via thel, date of the meeting. daysprior to the • Section 0 . ecial MeeC7 r,r,a special meetings of the Board on three (e 3) amay call director. The notice shall bei ) days notice to each Lelephone or telegraph, given personally or via mail, y' p , and shall state the time, �:esj.de►it shall place and purpose of the meeting. The p meeting of the Board upon the written requestCoflat leeastat (2) directors . wo Section 9 . W 'ver of NoLicE, the Bocany director. may, "` Before or at any meeting of meeting and the written waiver.iI�shallibe� dee ed ivalent to the giving of notice . notice of the A director' s attendance at�aneyumeeting of the Board shall constitute the director' s waiver of notice meeting. If all the directors are of the Board, no notice shall. be required present d9any at transacted at such meeting. Y meeting of the may e Section 10 . eor . At all meetings of• the Board, a majorityf thebdirectorsashall constitute 'a transactiondiasaci presentatat a meandng at which o a the quorumajoa for thet of majority ofs the shall be the acts of the Board. If, at anyyumeet is Board, there be lees than apresent Board presentthra adjournquorum theetmn rofi theo withhopresent, cmajorthy me proper notice and rta©tine`whicll�isrhiu e t days of the originally scheduled meetin within thirtys meeting 9• At any such �3 0) . 4-5 - , C rescheduled meeting, any business which might have been transacted at the meeting as originally called may be transacted. " Section 11. Electronic Meetings.. A conference among directors via any means of communication through which the participants may simultaneously hear each other during the conference constitutes a meeting of the Board if the sante notice is given of the conference as would be required for a meeting, and if the number of persons participating in the conference - .. would be sufficient to constitute a quorum at the meeting. The participation in the meeting by that means constitutes a . directors presence, in person, at the meeting. Section 12. �.�OWers act puri cs. The Board shall have the powers and duties necessary for the administration of the affairs of the Association and may do all such acts and things except those which the Association is not authorized to or is prohibited from delegating to the Board. The powers and duties of the Board acting on behalf of the Association shall include, but shall not be limited to, the following : (a) Adopting and amending Rules and Regulations governing the use of the Common Elements or the Units; (b) Adopting and amending budgets of revenues, expenditures and reserves and collecting assessments for Common Expenses front Owners ; (c) Hiring and terminating managing agents and other employees, agents and independent contractors; (d) Instituting, defending' or intervening in litigation or administrative proceedings in the name of and on behalf of the Association or two or more owners on matters affecting the CIC and, under appropriate circumstances to commence any and all legal or equitable actions to enforce the provision:, of the Declaration, Bylaws and Rules and Regulations of: the Association. (e) Regulating the use (including prohibiting use) , maintenance, repair, replacement and modification of Common Elements; (f) Causing improvements to be made as a part of the Common Elements; (g) Granting leases, licensee and concessions not to exceed one year and utility easements through or over the Common Elements; provided, however, that after conveyance to Owners other than the Declarant of Units to which more than 50% of the voting power is allocated, the `Association may by resolution at a meeting of the Owners duly called grant leases, licenses and concessions in excess of one year and easements through or over the Common Elements; (h) Imposing and receiving any payments, fees or charges for the use, rental or operation of the Common Elements other than Limited Common Clements; I . r -6- ��n a7L1 P. 07 (i) Imposing reasonable charges including reasonable costs and attorneys' fees for the evaluation, preparation and 'recordation of Amendments to the Declaration, resale certificates or statements of unpaid assessments; (j ) Providing for the indemnification of directors and officers and maintaining directors' and officers' liability insurance; (k) Imposing charges for late payment of assessments, and, after notice and an opportunity to be heard, levy reasonable fines for violations of the Declaration, Bylaws and Rules and Regulations of the Association; (1) Opening bank accounts on behalf of the Association and designating the signatories required therefor; (m) Purchasing, leasing or otherwise acquiring Units offered for sale or lease or surrendered by their Owners to the Association in the name of the Association, or its designee, corporate or otherwise, on behalf of all Owners; (n) Purchasing Units at foreclosure or other judicial sales in the name o1- the Association, or its designee, corporate or otherwise, on behalf of all. Owners; (0) Selling, leasing, mortgaging or otherwise dealing with Units acquired by, and subleasing Units leased by the Association or its designee, corporate or otherwise, on behalf of all Owners; • (p) Organizing corporations to act as designees of the Association in acquiring title to or in leasing of Units on behalf of all Owners; (q) Obtaining insurance fOJ; the CIC, including Unita pursuant to the provisions of the Declaration; the Declaration; (r) Making repairs, additions and improvements to the property and repairs to and restoration of the CIC in accordance with the other provisions of the Declaration and these Bylaws, after damage or destruction by fire or other casualty, or as a result of condemnation or eminent domain proceedings; of .Common Expenses�lasahereinafte legal action for collection r provided; (t) Making improvements and replacements to the CTC of a cost not to exceed $25, 000 per improvement or $50, 000 for all improvements or replacements over a. twelve-month (12) period without further approval of a Majority of the Owners attending (personally or by proxy) at a meeting called for such purpose; • (u) Approval of all payment vouchers by an off the Association, or, if authorized by the Board, bythen of managing agent ; • the • 1 , -7- JCY-170777 WCL 8G :17k7 YM 1CKUrYur1RL `tJl7 0761 e. U1 C • ' f (v) Preparing the annual report: to the Owners ; (w) . Preparing all certificates required in connection with the re-sale o ' Units; (x) Settling all disputes , claims, controversies or ' litigation with or against Declarant, general contractors, subcontractors, architects and/or engineers relating to or arising from the construction, maintenance or operation of . the Common Elements or matters common to two or more Units; (y) Exercising any other powers conferred by state law, the Declaration or Bylaws . • Section 13 . Managing Acieiit=. The Board may employ a managing agent for the Association at a compensation to be established by the Board, to perform such duties and services as the Board shall authorize and direct . ARTICLE IV - OFFICERS • Section 1. Deqiagatiog. The principal officers of the Association are to be a president, a vice president and a secretary-treasurer. The Board shall elect officers. The president, vice president and secretary-treasurer shall be directors . The directors may appoint an assistant treasurer and an assistant secretary and such other officers as in their judgment may be necessary. Section 2. ,L3legtion of Officers. The Board shall elect the officers of the Association annually at the organizational meeting of each new Board. Officers shall hold office at the pleasure of the Board. Section 3 . Removal Wit_ OrEi.cers. A majority of the directors may, by affirmative vote, remove any officer either with or without cause. The Board sha1l elect a successor at any regular meeting of the Board oi: at any special meeting of the Board called for such purpose . Section 4 . president. The president shall be' the chief executive officer of the Association. Be or she shall preside at all meetings of the Association and the Board. He or she shall have all of the general powers and duties which are usually vested in the president of a Minnesota non-profit corporation including, but not limited to, the power to appoint committees from among the Owners from time to time as he or she may in his or her discretion decide are appropriate to assist in the conduct of the affairs of the Association. • Section 5 . Vice Fsgactaell.L. The vice president shall take the place of the president and perform his or her duties whenever the president shall be absent or unable to act . If • neither the president nor the vice president is able to act, the Board shall appoint to act as president on an interim basis. The vice president shall also perform such other duties as the Board may improve on him or her. 4 -8- Section 6 . Secretary-Treasurer. . The secretary-treasurer shall keep the minutes of all meetings of the Board and the minutes of all meetings of the Association . lie or she shall have charge of such books and papers as the Board may direct ; shall , in general , perform all the duties .incident to the office • of secretary; shall have responsibility for Association funds and securities ; shall keep Cull and accurate accounts of all receipts and disbursements in bookn belonging to the ` Association; shall be responsible for depositing all monies and other valuable effects in the name and to the credit of the Association in such depositories as the Hoard may from time to time designate . ARTICLE V •- 13UOGI T AND MSESSMlNTS Section 1. Il' l al—pud eL. Before the conveyance of the to s purchaser other than n Declarant, the Board shall adopt: an initial budget containing au estimated cash requirement for the expenses of the Association for the period commencing with the first day of the mouth in which the sale. of the first Unit is closed and ending on December 31 of the calendar year in which such sale occurs . Section 2 . AnDmal 13uciget ; l'or each calendar year after the year in which the first Unit is sold to a purchaser other than a Declarant, the Board shall create an annual budget estimating the amount necessary to pay the cost of wages, materials, insurance, services and supplies and other expenses of the Association including unpaid assessments from the current or past year and the amount which the Board reason►ably determines s necessary for. a reserve for uout:J.ngenc;.i.ee� nd repplacements. On or before November 1 of each year, the Board shall rovide each owner with a proposed annual budget for the next calendar year . The proposed budget shall state the estimated amount needed to operate the Association, with reasonable itemization thereof , and shall state the amount of the projected annual assessment for the Owner' s Unit . Each December, adopt an annual budget for the followinrthe doard shall aditional Unite are added to the CIC under the termsofthear. fDeclaration, the Board may adjust the annual budget and payments required thereunder to reflect such additional Units and increased Common .Expenses, if any. - Section 3 . manual zCCA95►► rats , Before the first Unit is sold to a purchaser other than a Declarant and on or before January 1st of each year thereafter, the Board shall assess the amount of the estimated cash requirement contained in the annual budget against the individual Units according to the Common Expense Liability assigned to each Unit in Exhibit "A" of the Declaration . The full amount of each individual Unit's share of the assessment shall be a lien against that individual Unit and the joint and several, personal obligation of Owner(s) individual Unit as of January 1 of the year of assessment . thOn the first day of each month of each Unit shall pay to the Board or as theeBoard��may e wdirect of each the annual assessment for the Owner (s) ' Unit , Owners shall Of monthly installments of annual assessments , in full, without8 Y set-oft for claims which the Owners may assert against the Association . -9- e C • Section 4 . Special Aaegesmenta . In addition to the annual assessments levied on or before January 1 of each year, the Board may levy special assessments at such other and additional times as the Board, in its sole judgment, determines are appropriate to meet the financial needs of the Association. Such special assessments shall be .Levied in the same manner as annual assessments and shall be due and payable as the Board determines . Owners shall pay special assessments as the Board determines without set-off for claims which the Owners may assert against the Association. The Board may not levy special assessments in any one calendar year in excess of $5, 000 without the approval of a Majority of Owners . Such approval may be solicited in writing at the annual meeting of the Owners or at a special meeting of the Owners called foe that purpose. Section 5 . Failure to Prepare Budget_. The failure of the Board to prepare a proposed or final annual budget or to deliver either to an Owner shall not constitute a waiver or release in any manner of the Owner' s obligation to pay the maintenance costs and necessary reserves, as herein provided, whenever the same shall be determined, and iii I:he absence of any proposed 'or final budget the Owner shall continue to pay the monthly maintenance charge at the then existing monthly rate established for the previous period until a new annual budget is mailed or delivered to the Owner. ARTICLE VI - REPORTS AND CERTIFICATES ICATES Section 1. Annual Reports. The Association shall prepare are and distribute to each Owner an annual report on or before • 1st of each year. The annual report shall contain, at a minimum, the following: (a) A statement of any capital expenditures in excess of the greater of 2k of the current: budget or $5 , 000, 000, • which the Board anticipates during the current year or eucceedinq two fiscal years; (b) A statement of the status; and amount of any reserve or replacement fund and that portion of the fund which the Board has designated for any specified project; (c) A copy of the statement of financial condition for the Association for the last fiscal. year; (d) A statement of the status of any pending suits or judgments to which the Association is a party; • (e) A statement of the insurance coverage provides; (f) A statement of any unpaid annual or special assessments identifying the Unit number and the amount of . the unpaid assessment; (g) An itemized accounting of the Common Expenses actually incurred in the preceding calendar year, including amounts used to fund reserves, and the amount of the annual . -70- and special assessments actually collected in the preceding calendar year. Section 2 . Resale of !alts. The Association shall comply with all requirements of the Act relating to certificates regarding resale of Units which E ha.l.a. contain the following: (a) A statement disclosing any right of first refusal or other -restraint on the free alienability of the Unit contained in the Declaration, Bylaws, Rules and Regulations or any amendment thereof ; (b) A statement setting forth the amount of periodic installments of Common Expense Assessments ents and special assessments and any unpaid Common Expense or special assessment currently payable; (c) A statement of any other foes which OwnO1s must pay; (d) A statement of any capital expenditures which .the Association has approved for the current and next succeeding two (2) fiscal years; (e) A statement: that a copy of the CTC Plat and any amendments thereof are available in the office of the Association for inspection; (f) A statement of the amount of any reserves for capital expenditures and of any portions of those reserves which the Association has designated for any specified projects ; (g) The most recent regularly prepared balance sheet and income and expense statement, if any, of the Association; (h) T1'ie current budget of the Association; (i) A statement: of any judgments against the Association and the status of any pending suits to which the Association is a party; (j ) A statement describing any insurance coverage provided for the benefit of Unit Owners . g ARTICLE VII - AMENDMENTS TO BYLAWS Subject to the terms of the Declaration, the members of the Association may amend these Bylaws at an annual meeting special meeting called for that purpose . To' be effective, Owners of at least 6M of the Units and the holders of firsts a mortgagee on at least G7% of the Units subject to first the mortgages (each mortgage having one vote per Unit financed) must vote in favor of the amendment in and the Association must record the amendmeby nt inrtheea ' county land records . proxy, control ofn the sAssociation, hAgperiod that the Declarantpisain without the prior written consents be amended • -11- • ART 1:C;1;,G: VIII:: - No• 1: Ezi Section 1. pOtiCe of ( lrangp, Ul1ZC3.l.ticul:. If the Owner is not residing in the Owner' s Unit, the Owner shall promptly notify the Association through the managing agent, if any, or the president if there is no managing agent, of the name of the resident of the Owner' s Unit; the address of the Owner' s new residence or corporate or partnership offices, as the case may be; and the Owner' s current mailing address, and the Association . shall maintain such information in a record book. Section 2 . NOLigg t9 1 ,,i ag.i Dion_ Au Owner who mortgages his Unit shall notify the Association through the Managing agent, if any, or the president in the event there is no managing agent, of the name and address of his mortgagee; and the Association shall maintain such information in a record book. Section 3 . Notice of Unpaid Assessments.. The Association shall. at the written request of a mortgagee of a Unit report, any unpaid assessments due from the Owner of such Unit. ARTICLE 1'x - INDEMNIFICATION Section :L. Ge erAl. Subject to Section 2 hereof, the Association shall indemnify each person who is or was a director, officer, member of any committee which the Board of Directors forms, or serving the Association as the Association' s appointed representative to some other corporation or legal entity for actions which the person takes or decisions which the person makes on behalf of the Association, as set forth in Section 31 of the Declaration. • Section 2 . bimitationi on Ipdclri .Cicatioq. Indemnification. pursuant to Section 1. of Article X hereof, shall be for the sole and explicit benefit of the persons expressly identified therein and no other person, corporation or legal entity of whatever nature shall have ally rights thereunder by way of voluntary or involuntary assignment, subrogation or otherwise. Section 3 . Insurance. To the extent reasonably available, the Association shall maintain and pay for a contractual liability endorsement to the Association's liability insurance policy to insure its obligations under Section 1 of this Article Ix. ARTICL1. X - COMPLIANCE 'These Bylaws are set forth to comply with. the requirements of the Act and the Declaration. In case any of these Bylaws conflict with the provisions of said statute, it is hereby agreed and accepted that the provisions of the Act will apply unless. expressly stated otherwise . -12- . The foregoing Bylaws of the valley view Condominiums NorthAssociation, a Minnesota non -proal corporation, were adopted by action of its Board of Directors on the .?i.. /-, day of ' i GI' (24--t1 is / By t:9Secre t:ary-'l reasurer STATE 0L' MINNES(Yl'z, ) COUNTY Ot, WASHINGTON) 4n anThe foregoing ilistrun►eut was ' day of /Ljit. 19ycJcnbwleclylecl before Inc this usNorth President aitin_ oa urerof v�eyy vyewCon o �i Associtio aMnnesotanon-profit corporation, on behalf of the corporation. Nul:aF FCilj7:ic; • This Instrument was drafted hy : LAWSON, MARSHALL, McDONAL,D & CILOW];TZ, P.A. 2880 Laverne Avenue North Lake Elmo, Minnesota 55042 rTelephone : (612) 777-6960 • • 4 -13 -