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Home My WebLink About1999-11-01 CA Ltr to OPH Re Neighborhood Complaints A , _ 219 LAW OFFICES OF Eckherg. Lammers. Brigs. Wolff & V' ierling. P.L.L.P. ( 1835 northwestern Avenuep .lames I . Lammers Stillwater. Ainnesotd 55082 haul wow Robert G. Briggs -. (651) 439-2878 (191-L-IO9G) v[ark J. b'ierlinQ* ['AY (651) -139-2925 L.-le .l. EeLberg Gregory G Gaper• Of Counsel T6 I Weidner* Direct Dial No. 351-2115 omas Susan I). OIson• .Arkoretor& �tedbator David K. Snyder November 1, 1999 •Qualilied Neutral Arbitrator +C.-rt;Ged Real Estate Specialist Tanya F. Maurice *Qualified Neutral Medtator r r The Honorable David Schaaf Mr. Mark Swenson Mayor, City of Oak Park Heights 14846 Upper 55th Street 6201 St . Croix Trail No. , #121 Oak Park Heights, MN 55082 Oak Park Heights, MN 55082 Mr. Jerry Turnquist Ms . Lynae Byrne 14298 - 56th Street North 6120 Oxboro Avenue North, #123 Oak Park Heights, MN 55082 Oak Park Heights, MN 55082 Mr. David Beaudet 6400 Lookout Trail North Oak Park Heights, MN 55082 Dear Mayor and Council : At your September 14 , 1999 meeting you were presented by individuals with a list of some complaints of the Valley View Condominiums North Association, complaints and issues with its developer/builder, Mr. Jack Krongard d/b/a Krongard Construction. On September 15, an additional volume of documents were dropped off with the City offices purporting to be a recitation of issues by the Valley View Condominiums North Association. Those documents were unsigned, but nonetheless referred to our office . At your September 14 meeting you directed this office to conduct a review and coordinate efforts of the various departments as it affects these various complaints and issues with this office to prepare a report back to City Council on the matter. By correspondence dated September 17, 1999 , we corresponded with the various city departments and requested assistance with regard to the nature of the complaints that were filed, requesting their assistance in terms of site inspections or record review as may be appropriate . City Council City of Oak Park Heights November 1, 1999 Page 2 Attached to this letter you will find an executive summary which has been prepared by the undersigned dealing with a synopsis of the nature of the issues that were raised by the Valley View group and the responses or reports that were received by this office from the various departments in issue with the City of Oak Park Heights . The individual nature of both complaints and the reports from the various departments have not been reproduced in order to keep this report in a manageable form. However, those documents are available for council review at any time you should so choose . I trust this matter will be plac-e 'p• the agenda for purposes of comment and review by the Ci Coun ' 1 . Yours ery tr y, M.:rk J. Vierling MJV/sdb Enclosure cc : Tom Melena Joe Anderlik Scott Richards Jay Johnson Judy Holst Kathy Widin Kris Danielson James Butler P. S . The Council requested that our offices also maintain a record with regard to the hours that were being spent on this particular issue and I am forwarding over a copy of our billing for services rendered as it affects this subfile, the individual billings for department staff and time have been accounted for and have been provided to Ms . Holst as the director of finance and I trust she will provide for you a recapitulation of those expenses as part of this process as well . EXECUTIVE SUMMARY CITY OF OAK PARK HEIGHTS VALLEY VIEW HOMEOWNERS CONCERNS 1. STREETS AND PARKING ISSUES A. WIDTH OF STREETS B. ON STREET PARKING C. PARKING STALLS D. TEMPORARY STREETS-FINAL SURFACE RESPONSE: A. STREET WIDTH-PARKING STALLS THE SEPTEMBER 9, 1994 PLANNING REPORT ADDRESSED STREET WIDTH AND INDICATED THAT IF ON STREET PARKING WAS DESIRED FOR VISITORS STREET WIDTH WOULD NEED TO BE INCREASED TO 32 FEET FROM 24 THESE STREETS WERE CONSTRUCTED BY THE DEVELOPER UNDER A PRIVATE CONTRACT. DEVELOPER RESUBMITTED PLANS SHOWING TWO STALL GARAGES AND DRIVEWAYS COMPLIANT WITH CITY ORDINANCE REQUIREMENTS. ADDITIONAL PLANS WERE SUBMITTED SHOWING ADDITIONAL GUEST PARKING STALLS ALONG THE NORTHERLY EDGE OF THE DRIVEWAYS THOSE PARKING STALLS HAVE BEEN CONSTRUCTED PER THE BUILDING INSPECTOR. FINAL SURFACING ON THE STREET IN ISSUE WILL FOLLOW COMPLETION OF DEVELOPMENT SURFACE WIDTHS AVERAGED THROUGHOUT THE DEVELOPMENT ARE SUBSTANTIALLY COMPLIANT AND HAVE BEEN ACCEPTED BY THE CITY AVERAGE FACE TO FACE IS 22 TO 23 FEET 2. DRAINAGE ISSUES A. LOCATION AND COPY OF ORIGINAL DRAINAGE PLAN? (1994-96) B. MODIFICATIONS? C. IS CURRENT DRAINAGE ACCEPTABLE TO THE CITY AND HAS IT BEEN RECORDED? D.COPY OF APPROVED DRAINAGE PLAN E.CITY RESPONSE TO KRONGARD 11/25/98 LETTER(SPILLWAY MODIFICATION) RESPONSE.• A. ENGINEERING AND BUILDING DEPARTMENT HAVE COPIES(DATED 3- 11-96) OF THE PLAN THAT SERVES AS THE BASE GRADING PLAN; FINAL PLANS HAVE NOT YET BEEN RECEIVED B. MODIFICATIONS HAVE BEEN ALLOWED SUBJECT TO THE PRODUCTION OF AN AMENDED DRAINAGE PLAN BY THE DEVELOPER. C. COPIES OF THE FINAL AMENDED AND APPROVED DRAINAGE PLANS WILL BE AVAILABLE FOR PUBLIC REVIEW AND PURCHASE UPON RECEIPT. RECORDING IS NOT REQUIRED FOR DRAINAGE AND GRADING PLANS. D. CITY HAS ACCEPTED THE SPILLWAY ASA MODIFICATION TO THE PLAN SUBJECT TO THE PRODUCTION OF AN AMENDED PLAN FOR DRAINAGE 3. RETAINING WALL ISSUES. A. HAS THE CITY APPROVED THE RETAINING WALL BETWEEN THE CHURCH AND THE DEVELOPMENT? B. HAVE DOCUMENTS BEEN UPDATED TO RECORD THIS CHANGE? C. SHOULDN'T THE CITY HAVE CONTACTED ADJACENT HOMEWONERS PRIOR TO THESE MODIFICATIONS.? D. IS THERE A WRITTEN APPROVAL FOR THE WALL AND CAN THEY GET A COPY OF IT.? RESPONSE.• A. YES-SUBJECT TO SUBMISSION OF AMENDED DRAINAGE PLAN B. WILL BE INCLUDED IN AMENDED DRAINAGE PLAN C.NO ADJACENT HOMEOWNER CONTACT IS REQUIRED D.SEE B. 4. IRON MONUMENTS A. LOCATION OF NW CORNER MARKER B. OWNER-DEVELOPER DISPUTE OVER LANDSCAPING TO THE MARKERS RESPONSE; A. EFFORTS OF DIRECTOR OF PUBLIC WORKS TO LOCATE MONUMENTS/MARKERS ATTACHED-MARKER MAY IN FACT BE IN TO GROUND BUT MAY NEED TO BE UNEARTHED-AN ESCROW IS IN PLACE IN THE BUILDING DEPARTMENT TO ASSURE PINS ARE IN PLACE AFTER PROJECT IS COMPLETED B. NOTA CITY ISSUE 5. SOIL ON STREETS. A.WANT THE DEVELOPER TO KEEP STREETS SWEPT DURING CONSTRUCTION. RESPONSE: A. NOT AN UNREASONABLE REQUEST-STREET SWEEPING IS REQUIRED AS PART OF ALL DEVELOPMENT DURING CONSTRUCTION. 6. CURB SE CORNER BLDG D A. WANT REPLACEMENT OF CURB RESPONSE A. CURB HAS SETTLED AND MAYBE REPAIRED AS PART OF PROJECT BEFORE FINAL COMPLETION. 7. STREET LIGHTING A. WHY WEREN'T STREET LIGHTS PUT IN RESPONSE: THE DEVELOPMENT AGREEMENT REQUIRE STREET LIGHTING TO BE COMPLIANT WITH THE CITY LIGHTING PLAN FOR RESIDENTIAL AREAS. THE DEVELOPER SUBSTITUTED GARAGE LIGHTING ON SENSORS. THE CITYS POLICY DOES NOT REQUIRE LIGHTING IN THAT AREA. 8. POND DREDGING WHO OWNS THE STORM WATER PONDS RESPONSE: STORM WATER PONDS AND RELATED DRAINAGE WAYS ESTATBLISHED BY EASEMENT ON THE PLAT ARE THE PROPERTY OF THE CITY AND PART OF THE STORM WATER UTILITY 9.GARAGE DIMENSIONS DO THE GARAGES AS CONSTRUCTED MEET THE CITY REQUIREMENTS RESPONSE: ALL GARAGE UNITS NOW CONSTRUCTED HAVE BEEN APPROVED BY THE BUILDING DEPARTMENT THE PLAN REQUIREMENT WAS FOR GARAGE DEPTH OF 20 FEET- WIDTH WILL VARY DEPENDING ON SINGLE OR DOUBLE. ALL GARAGES MEET CITY REQUIREMENTS 10. SIDEWALK ALONG 58TH A. WHO OWNS IT?, AND THEREFORE WHO MAINTAINS IT? RESPONSE: THE CITY 11. TREES A. ON THE 4TH BUILDING TREES NOW HIT THE ROOF-PINE TREES WERE NOT PROTECTED DURING CONSTRUCTION...SCOTT NWAC MADE RECOMMENDATIONS WHAT WAS JACKS REPONSE? B. WILL THE CITY ASSURE THAT THESE CHANGES WILL BE MADE RESPONSE; A. KATHY WIDEN- WILL REVIEW THE SITE THIS IS NOT A CITY ISSUE-SCOTTS COMMENTS WERE AS TO THE UNITS NOW UNDER CONSTRUCTION-JACK HAS AGREED NOT TO USE A RIVER BIRCH AND HAS AGREED TO SCOTTS SUGGESTIONS ON SPECIES OF TREES TO BE PLANTED. AMENDED LANDSCAPE PLAN WILL BE SUBMITTED FOR THE 8 UNIT BUILDING (NWAC LTR 5-13-99) B. NO....THIS IS NOT A CITY ISSUE