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HomeMy WebLinkAbout1999-09-17 CA Ltr Re Neighborhood Complaint LAW OFFICES OF t Eckberg, Lammers, Briggs, Wolff & Vierling, P.L.L.P.cc� 1835 Northwestern Avenue 44 yr R Lammers Stillwater, Minnesota 55082 ik ' 1.y J. E i i James L . e c erg Robert G. Briggs* (651) 439-2878 OF Counsel Mark J. Vierling* FAX (651) 439-2923 Paul A. Wolff GregorytG. Gaiter* (1944-1996) Thomas J. Weidner* Direct Dial No. : (651) 351-2118 *Qualified Neutral Arbitrator& Mediator Susan D. Olson• *Qualified Neutral Arbitrator David K. Snyder September 17, 1999 *Certified Real Estate Specialist *Qualified Neutral Mediator Dictated but not read Mr. Joe Anderlik Ms . Kris Danielson Bonestroo, Rosene, Anderlik Community Development Director & Associates City of Oak Park Heights 2335 West Highway 36 14168 - 57th Street North St . Paul, MN 55113 P.O. Box 2007 Oak Park Heights, MN 55028 Mr. Scott Richards Mr. James Butler Northwest Associated Building Official Consultants, Inc. City of Oak Park Heights 5775 Wayzata Blvd. , Suite 555 14168 - 57th Street North St . Louis Park, MN 55416 P.O. Box 2007 Oak Park Heights, MN 55082 Mr. Jay Johnson Director of Public Works City of Oak Park Heights 14168 - 57th Street North P.O. Box 2007 Oak Park Heights, Minnesota 55082 Re : Valley View I - Neighborhood Complaint Correspondence of September 14 , 1999 Ladies and Gentlemen: Enclosed herewith you will find a copy of the September 14 , 1999 complaint letter that was provided to City Council by the property owners at the September 14 meeting. This matter was, on motion of Councilman Swenson, referred to our offices for investigation report back to the Council . On consultation with the City Administrator, we have been advised that we are at liberty to contact the various in-house and September 17, 1999 Page 2 other professional staff to secure services in this area but that any time that you spend with regard to these particular issues should be separately billed to the City so that the items can be clearly identified to the City Council and they can be aware as to what this particular issue has expensed them in terms of in-house supervision, etc . In reviewing the complaint from the neighborhood, a copy of which is attached, we are requesting information from your offices as follows: With regard to the individual areas of complaint, please note as follows : 1 . Lack of Parking for Visitors . The reference is made by the neighborhood to a planning report that accompanied the development agreement with regard to the additional parking for single unit cars . I would ask the City Planner to review his records in this matter as I presume that the commentary within the Planner' s report as noted to be on August 4, 1994 is quite different than that which was probably finalized at the time of the development agreement on November 14 , 1994 . If there is an appreciable difference between the preliminary report of the Planner and the final on this aspect, I would ask that the Planner identify same in correspondence back to this office . 2 . Retaining Wall . The City directed the developer to construct a new retaining wall between the church and the development . I would ask the Building Inspector, Mr. Butler, to pull whatever documents he has with regard to the retaining wall correspondence and/or permits as were issued and forward them to our office . 3 . Soil on Streets . I will handle this matter through our office directly. 4 . Curb Southeast Corner of Building D. I would ask the Building Inspector to pull whatever record he has with regard to the reference to his office and the commentary that was made so I can determine at what point in time a curb was damaged. If it was, as I suspect, a curb that was damaged after the City accepted this project, I would assume that that is the sole responsibility of the affected properties and/or the successor to the developer. September 17, 1999 Page 3 I would ask, however, that the Engineer review his records in this matter and advise me as to when the project was certified as complete or substantially complete to the City so that the developer' s obligations under the development agreement would have ceased. 5 . Street Lighting. I would ask that the Building Inspector review his records in conjunction with the Development Director of the City to determine that the current placement of lighting throughout the area either is or is not in conformance with the existing city lighting plan. 6 . Pond Dredging. I will handle this matter through our offices . 7 . Drainage Issues . I would ask the Engineer again to review his records to determine whether or not he has a final and approved drainage plan for this development and, if so, provide a copy to me, making sure that we have an indication on there as to the date of the plan and when its approval was issued from the engineering office with regard to the plan. 8 . Garage Dimensions . Again, this references what appears to be a preliminary planning report which I assume changed by the time the final planning report and the development agreement went forward. I would ask that the Planner review her records in this regard. 9 . Trees on North Side of Building. I assume from the reference in the letter that this is something new that was not previously addressed and I will deal with it pursuant to the Development Agreement . 10 . Drainage on North Side of Building. Again, I believe that this matter will be resolved by the acceptance of a final drainage plan by the Engineer' s office . 11 . Permanent Lot Markers . Since I expect that the Director of Public Works has a locator that can determine whether or not there are permanent markers in place even though they would be underground, I ask that that office review the area to determine whether or not there is a buried pin in the northwest corner that can be located. 12 . Landscaping. I would ask the Planner provide me a copy of the landscaping plan as was finally approved. September 17, 1999 Page 4 13 . Sidewalks Along 58th Street . I will deal with this as per the development agreement . 14 . Street Widths. I would ask the City Engineer to review the plans for the development and determine what the appropriate widths were as specified and then advise me as to whether or not the streets as constructed are substantially complete and in compliance with those requirements . If you have any further questions in this matter, please feel free contact me directly. Yours very truly, . r f t Mark J. Vierling MJV/sdb Enclosure cc : David Schaaf, Mayor Thomas Melena, City Administrator C PYI Tuesday, September 14, 1999 After reviewing the development agreement, it has come to our attention that there are a number of issues that need to be addressed. Some are issues which we were aware of early, and some are new issues. Compilation of Linda Carufel's list of 9/13/99 with additions by Donna Gray discussed at the Board Mtg. 9/13/99. Lack of parking for visitors r The planning report indicated there should be additional parking for the c '; �i , single car units. Where is this parking? The development agreement stated that there is to be no parking on the streets because of their narrow width. Where are visitors suppose to park? Were all parking issues resolved and signed off on by the city? Retaining wall f. Has the city okayed the retaining wall between the church and our D'5 development? development? Have the documents been updated to reflect this change since 4� it is different than what is on the initial drawing? Soil on streets The development agreement stated that the developer must have a plan to deal with soil on the streets. We have had to deal with this issue on our own and would like the city to enforce the agreement they have with the developer. We have worked with Krongard and at this time the streets are acceptable. In the future, we expect the developer to keep the streets clean and the city to ensure that this is taking place. Curb - SE corner of Bldg. D The city inspector indicated some time ago that a curb needed to be repaired and that the city would deal with Jack directly on this. When will this be taking place? Street lighting In the planning report it was recommended that street lights be installed for safety reasons even through dusk to dawn sensors have been installed. Has the current street lighting been approved by the city? Pond dredging Who is responsible for dredging of the holding ponds? Is this city property or does it belong to our association. The development agreement states that the developer is responsible for "dredging of the holding ponds before completion of the development." We expect the city to ensure that this is completed when the last building is finished. Drainage issues We have been unable to obtain a copy of an approved drainage plan for our development. What did the city approve? Is the current drainage acceptable to the city and has this been recorded? Garage dimensions The planning report indicated that some of the garage dimensions on the single car units did not meet the minimum requirements? Do the current garage meet this requirement? Has the city approved the single car units as they exist today? Is this recorded? Trees on N side of new building Concern for trees on the north side of the new building. Some of them are right up to the building. How is this going to be addressed by Krongard? Drainage on N side of new building We anticipate the same drainage problem on the N side of the new building as what existed on Building D that Krongard had to come back and correct. How is this going to be addressed by Krongard? Permanent lot markers There is a permanent marker on the NW corner. There is none on the NE corner. When will this issue be addressed? Landscaping to N lot line. Is Krongard required to landscape to the N lot line along the entire property? He has said he will not do this for the property on the NW corner. Sidewalks along 58th Street. Who put this in, who maintains them for weed control, snow plowing and repairs? Street Widths The main street running N & S is 21' wide - paved area only. The street on the W side of Building D is 20' wide - paved area only. The street on the E side of Building C (new building) is 20' wide - paved area only. The street running S of Buildings A& B is 20'3" wide - paved area only. The street running N of Buildings A & B is 21' wide. Valley View Condominiums North Association Board of Directors