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HomeMy WebLinkAbout1999-09-15 Valley View Condo North Assn - Updated Memo VALLEY VIEW CONDOMINIUMS NORTH ASSOCIATION OAK PARK HEIGHTS MN 55082-6396 TEL: 651-430-0822 September 15, 1999 (updated memo from issues raised at the council meeting) TO: Mayor and Council Joe Anderlik Jim Butler Kris Danielson Tom Melena Mark Vierling RE: Issues Regarding Development Agreement dated November 14th, 1994 and Miscellaneous Questions Listed below you will find several outstanding issues our association has with the Developer's Agreement the city entered into with Jack Krongard. Some of the issues below are rather major and some minor, in some cases we are just asking for clarification from the city to determine the appropriate responsible party. This has been a very long and trying road and we have been told numerous stories about this agreement in our quest to answer these questions. We'd like to give you a brief history of what we have gone through so far. When we finally received the agreement dated November 14, we found that numerous supporting documents were missing. We requested these documents in writing and verbally several times, to no avail. We were then told that the Developer's agreement had been amended and all issues had been addressed. When we requested copies of these amendments, we were told that it would be very costly to our association to pay the city for their time to do this. We have also been told that the retaining wall and the drainage plan were never approved by the city, therefore documents can not be provided to us. Finally, we were told that the city and/or Krongard would be resolving the drainage problem by installing a drainage sewer on the church property that would drain towards 58th street. In a letter to the city dated, December 7, 1998, we requested a letter of intent from the city and/or Jack outlining this plan to resolve our problems. No response was ever received. We have attached all written communications our association has had with Jack Krongard and members of the city staff regarding these and other issues. Throughout these communications, the drainage issue has come up again and again. City staff was instrumental in resolving some issues, but it should be noted that four out of the six items were related to drainage, retaining wall, street lighting and street damage. These items should have been resolved by the city as they exist as part of the developer's agreement and therefore were not our responsibility to resolve. The Board of Directors felt it was time for us to appear before council to get our questions answered once and for all. If you would like to meet with us to discuss these matters, we would be more than happy to take the time to do that. Our only mission here is to be sure these issues are resolved by the proper parties so that they do not become the responsibility of the homeowner's association. Please contact Donna Gray at 430-0822 or Linda Carufel at 430-5914 if you would like to set up a meeting. 1. Streets/Parking The Developer's agreement and the Planning report state that streets are to be 24 feet wide, our streets average 20 feet wide(asphalt only). It was also indicated numerous times that there was to be no on street parking with this 24 foot width. The developer would have needed to increase the width to 32 feet to accommodate any on street parking. It was further indicated that the developer needed to provide parking stalls that meet the requirements of the zoning code and allow for 24-foot access road widths. Where are the revised plans that meet this requirement? Why are the streets only 20 feet wide? Where are we suppose to put guest vehicles if we are prohibited from parking on the streets? With an additional 8 families moving in, this problem is only going to get worse. Regarding temporary streets, the developer's agreement stated that if the residences were to be occupied prior to completing of the streets, the developer shall maintain a smooth driving surface and adequate drainage on all temporary streets. There is one area that has not received the final topcoat of asphalt at this time, it is the street directly south of the construction site. We understand that Jack wants to complete this when the last building is done, but this area was damaged over 4 years ago by construction vehicles and three of our homeowners have been left with standing water and an uneven driving area. Now that the majority of the last building is completed, we ask that the city follow up with Jack to have the street dug up and redone properly as soon as possible. This will allow some time for the roadway to settle before final application of the final overlay. Four years is long enough to live with an uneven street and standing water. Our association will need to be kept in the loop on this work so that we can properly notify the homeowners who will be affected. 2. Drainage issues According to the developer's agreement, a drainage and grading plan was to be submitted and approved by the city prior to any issuance of building permits, it goes on to say that any changes to this plan must be submitted to the city for approval and shall not be implemented on site until written approval is issued. We have tried to get a copy of this plan and at this time one has not been provided to us. It should be noted that the Planning report dated September 9, 1994, indicated that a grading and drainage plan had been submitted and that it was to be reviewed and approved by the city engineer and watershed district. To briefly explain our problem, we have run off coming down a spillway from the church, this water must travel through our development to reach a storm sewer located near 58th street(by the mailboxes), therefore there is a lot of water coming through. Any expansion of the church parking lot will only add to this problem. The water also travels down the north side of the development next to one of the buildings and has created additional problems there. We contacted Jim Butler and eventually he made Jack come back and make modifications to address these problems. Jack again tried to incorporate a drainage plan that was not approved by the city, Jim Butler did contact him immediately and made sure a plan was submitted and approved, we do appreciate all of his work on this matter. We expect that Jack will be required to make the same modifications to the north side of the last building and that the city will ensure this takes place up front and not a year or two later. Our questions are: Where is the drainage plan that Jack submitted as part of the November 14, 1994 Developer's agreement? What did the city approve to deal with these issues? Is the current drainage acceptable to the city and has this been recorded? Could we get a copy of the approved drainage plan? What was the city's response to Krongard's letter dated November 25, 1998 asking the city to accept the spillway as a modification to the plan? Can we have a copy of this response? 3. Retaining wall Per the developer's agreement, all retaining walls were to receive separate written approval from the offices of the consulting city engineers. We were told that this approval did not take place. Jack did submit a proposed plan for a four-foot wall to extent all the way down the west side of the property. He did not complete the wall as proposed. Because of this we were dealing with erosion issues and rocks coming down into the private streets. We worked with Jack to get the height of the wall raised and took on the additional costs to extent the wall to help resolve this problem. We later filed in small claims court to recoup our costs from Jack. At this time, the erosion and rock problems have been resolved to our satisfaction. The following questions remain: Has the city okayed the retaining wall between the church and our development? Have the documents been updated to reflect this change since it is different than what is on the initial drawing? Shouldn't the city be contacting the homeowners that will be affected when a developer makes a modification like this? Can we get a copy of the written approval for this change? 4. Iron Monuments The agreement states that iron monuments should be placed at all lot and block corners once street and lawn grading has been completed in order to preserve the lot markers for future property owners. We have located one iron marker on the NW corner but can't seem to locate the one that should be on the NE corner. Jack has also refused to landscape to the iron markers and says that is the responsibility of the homeowners. We feel that he has a responsibility to landscape the property to the markers since that is what we have purchased. Because of the drainage issues that exist along the north end of the property, the only landscaping that would be necessary is some grading, rock and some grass. This issue also resides on Jack's to do list but we wanted to know what the city's position is on this matter? 5. Soil on streets The development agreement stated that the developer shall be responsible for street maintenance, including curb, boulevards, sod and street sweeping. It goes on to say that all streets shall be maintained free of debris and soil. 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. After living with dirt on our streets for the better part of the year, we contacted a street sweeper on our own. Our homeowners are tired of this mess and don't expect to have to live with so much dirt in the streets. At this time, the streets are acceptable, but in the future, we expect the developer to keep the streets clean as per the agreement and the city needs to ensure that this is taking place. 6. 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. Since the topcoat has already been laid in this area and it is causing standing water to pool, we feel this needs to be taken care of as soon as possible. When will the city be addressing this issue? 7. Street lighting The Developer's agreement stated that the developer shall furnish street lights in accordance with the city's residential street lighting plan. It further stated that a copy of the contract between the developer and NSP shall be filed with the city. In the planning report is was again recommended that streets lights be installed. In the issues analysis section of this report, it goes on to say that there had been a plan submitted that did not include yard or street lights,just dusk to dawn sensors on each garage. For safety reasons, Northwest Associated Consultants, Inc recommended that street lights be installed as per city requirements throughout the development. We currently do not have street lights. What are the city requirements? When is the city going to follow up on this issue?Again, shouldn't the city be contacting the homeowners that will be affected when a developer asks to make a modification to the plan? Has this been amended, and if so, can we get a copy of the final amendment? 8. Pond dredging The development agreement states that the developer is responsible for storm sewer cleaning and holding pond dredging, as required, by the city prior to completion of the development. Are these ponds and their associated maintenance the property of the city or our association? 9. Garage dimensions The planning report indicated that the developer needed to submit revised building plans to address the garage size issue? Has this been resolved? Do the current single car and double car garages meet this requirement? 10. Sidewalk Who is responsible for maintenance,weed control and plowing of the sidewalk that runs along 58th Street adjacent to our property? 11. Trees On the fourth building, there are trees hitting the roof that need to be addressed. We are concerned about the pine trees on the construction site and how they have not been protected during construction as recommended by the city. We are also discussing these issues with Jack but would like the city's input on this matter. We have experienced a lot of problems with the types of trees Jack planted in our development and have to place more shrubs and trees than we can count. Donna Gray spoke with Scott Richards about this problem and Scott agreed and sent a letter to Jack with his recommendations for changes. What was Jack's response to this letter and will the city ensure that these changes are made to the landscaping plan? Thank you, Valley View North Board of Directors Attachments CITY OF OAK PARK HEIGHTS — 14168 N. 57th Street•Box 2007•Oak Park Heights,MN 55032-Phone: (G12)439-4439 FAX 439-0574 • t • February 26, 1998 • Krongard Construction 14791 North 60th Street Oak Park Heights. Minnesota 55082 Dear Mr. Krongard: My name is Tam Melena and I have been hired as the new City Administrator for the City of Oak Park Heights. As part of my orientation,I have been updated on the status of your Valley View Estates-Development. It is my understanding that there are some issues that still need to be . resolved between Krongard Construction and the City. ► One issue involves preparing the easement descriptions for the property along Osgood Avenue. Our City Attorney Mark Vierling spoke with you on September 11, 1997 and was assured that this was being done. This has not been taken care of yet. ► The second issue that will need to be addressed is the drainage concerns at Valley View Estates. You were invited to a City Council Workshop in January 1998 to discuss this, however, you were not able to attend and this issue also remains unresolved. Until these items are able to be resolved to the satisfactio.z to the City, no new building permits or Certificates of Occupancy can be issued to your company. I am confident that we will be able to resolve these issues in a timely manner and be able to proceed with your development in the City. If you have any questions,please do not hesitate to contact me. Very truly yours, Thomas M. Melena City Administrator Tree City U.S.A. CITY OF' fi OAK PARK HEIGHTS "-A.- 141 Eiy N. 57th Street• Box 2007 •Oak Park Heights,MN 55082• Phone: (612) 439-4439•FAX 439-0574 July 30, 1998 COPY Jack Krongard Krongard Construction Co, 14791 60th St. N.. Ste. 2 Oak Park Heights. MN 55082 Dear Jack: On February 26, 1998,City Administrator, Tom Mcicna addressed a letter to you regarding drainage issues in your Valley View Estates development. You assured the City that you would take care of the issues in question. To date these issues have not been resolved and I have also received complaints on other issues. I have been directed to advise you that the following must be corrected by yourself and be approved by the City before any further permits will be issued or inspections made on your 8-unit complex now under construction.or any other new projects. Below is a list of all issues to be resolved. including the section of the City Ordinance pertaining to them. 1. Drainage and berms on the south property lines of Valley View Estates. Contact Public Works Director.Jay Johnson to go over the existing problems and submit to him a design plan for approval. City Ordinance section 401.15.B-5. 2. Drainage spillway from the southeast corner of the parking lot at 14890 57th St. N. is to be removed and redesigned. Contact Public Works Director. Jay Johnson regarding this problem and submit to him a new design for approval. City Ordinance section 401.15.B-5. !3. At 14818 58th St. N.. the following conditions exist and are in violation of City Ordinance requirements: • A. Ra-Mar Plumbing-s truck is to be removed from the City. Storage and overnight parking is not permitted. A letter is being addressed to Mr. Martin regarding this 4. issue. City Ordinance section 401.15.F.4.f-1. B. Weeds must be cut. City Ordinance section 1109.03.H. C. Dead tree must be removed. City Ordinance section 1109.03.1. D. On the northwest property line the spillway needs to be widened. Contact Public Works Director. Jay Johnson regarding this problem and submit to him a new design for approval. City Ordinance section 401.15.8-5. 4. At Lot 1_ Block 2. Valley View Estates, City Ordinance requirements are in violation. The following must be attended to: A. Weeds must be cut. City Ordinance section 1109.03.H. B. Building materials must be removed from the site. City Ordinance sections 1109.03.1 and 401.t 5.B.14. OM almmiglm, Tree City L.S.A. O 5. Grass must be cut at the vacant lot situated on the corner of 58th St.N.and Osgood Ave.N. City Ordinance section 1109.03.H. NeC- 6• i+ 'wst`';must be cut and construction debris removed from site at 14775 and 14777 Upper 56th St. N. City Ordinance sections 1109.03.H and 1109.03.1. 7. At 14870 57th St. N.and 14871 58th St. N. the following issues must be attended to: A. Silt fences to be properly installed. B. Weeds must be cut. City Ordinance section 1 109.03.H. C. Submit a site showing parking plan. D. Ra-Mar Plumbing truck to be removed. City Ordinance section 401.15.F.4.f-1. E. Submit a site plan showing landscape design on east property line showing spillway design of north lot and retaining walls on the southeast corner. City Ordinance sections 401.15.F.3 and 401.15.B-5. If you have any questions regarding the above, please call me. 1 appreciate your attending to these issues at once and remind you that until these issues are attended to, no permits of any kind will be issued. 'Jur will any inspection requests be accepted for the 8-unit complex presently under constructidn. Sincpv, 6;'›y 8 814-ZS---?" Jim Butler. Building Official JB:jah pc: Mayor and Council Tom Melena, City Administrator Jay Johnson. Public Works Director Scott Richards.City Planner Joe Anderlik. City Engineer Mark Vierling,City Attorney VALLEY VIEW CONDOMINIUMS NORTH ASSOCIATION %DONNA S. GRAY 14812 58TH STREET NORTH #30 OAK PARK HEIGHTS MN 55082-6396 TEL: 651-430-0822 August 28, 1998 Thomas M. Melena Administrator City of Oak Park Heights 14168 North 57th Street .Oak Park Heights MN 55082-2007 Dear Mr. Melena: We are currently working with Jim Butler to resolve some issues between the City of Oak Park Heights,Jack Krongard and our Association. Jim Butler has been very helpful in resolving some of these issues with Jack Krongard. There are a few that remain unresolved that are of great concern to the homeowners of Valley View Condominiums North Association. We are asking the City's assistance to resolve these issues in a timely fashion. The first issue is the drainage problem coming from the Assembly of God Church into our development. The Church is located immediately to the West of our development. Jim Butler indicated he was going to meet with the City Engineer to look into this matter. He also indicated that the Church has limited funds to make any changes in the current situation. We would like to see a copy of the grading plan that the City of Oak Park Heights approved per the Developer's Agreement with Jack Krongard. All the water from the Church parking lot flows down a spillway into our private street and therefore we often have standing water. The only drains on our property are located just north of the entrance and these drain into holding ponds,which are maintained by our association. According to Jim Butler in his letter dated August 19, 1998 to Jack Krongard the water that comes down from the grass area to the North of the church should be corrected to prevent water filling the cores of the blocks on Units 3D and 4D. Should this occur, damages to the foundation and slab are very possible and would be a costly repair. The address for these units is 14812 58th Street North. If our current drainage system doesn't meet the grading plan as approved by the City we expect the City will work with Jack Krongard,at either Jack Krongard or the City's expense,to make the necessary repairs. The second issue is the retaining wall located between our property and the Church. When Jack Krongard built the wall there was a gap on the North side of the spillway. This gap caused erosion of the embankment and a constant flow of rocks,sand and debris into our street. This created additional maintenance to the Association to return the rocks to the embankment after each heavy rainfall. This problem was brought up to Jack Krongard last January 1998,following turnover of the board to the homeowners. At that time,he actually inspected the problem and agreed to pay for'/z the cost of additional blocks to extend the wall up the North side of the spillway. He would not agree to pay any labor to install the blocks. Because of the problems the Association hired Northwestern Masonry to complete the wall at a cost of$835.00. The cost of the blocks was$219.65 bringing the total cost to the homeowners of our Association to$1,127.65, of which Jack Krongard reimbursed$146.32. We requested Jim Butler to do research into the Landscaping Plan approved by the City for this development. Jim Butler indicated that Jack Krongard proposed a four-foot retaining wall but that there was no record of the City's acceptance of this plan. The current wall as it stands today is not four feet high. Jim Butler agreed to address the height concerns with Jack Krongard but that still leaves our homeowners bearing the expense to alleviate the erosion problem on the North Side of the spillway. We expect full reimbursement from the City or Jack Krongard for this expense. There are numerous other repairs that need to be addressed by Jack Krongard—far too many to list. These items are things that were never completed upon homeowner possession of the property. We arc attaching copies of two memos written to Krongard addressing some of these repairs. One is dated February 24, 1998 and the other August 12, 1998. Our Association funds are for maintenance only and not to correct problems that have arisen from negligence on the part of the City or the builder. We are looking to the City of Oak Park Heights to resolve these issues between it and Jack Krongard. We trust that you will take care of these issues in a timely fashion. if you need further information or would like to discuss these issues please contact Linda Carufel at 430-5914. Linda is now Chairman of the committee to resolve these issues. She was the first homeowner in the development and has been involved with the Association from the beginning_ We trust you,Jim Butler,and the City of Oak Park Heights will stand firm on the position stated in Jim Butler's letter of July 30, 1998 to Jack Krongard and not issue permits of any kind or do inspections requested for the 8-unit complex presently under construction until issues are resolved to the satisfaction of all parties concerned. Sincerely yours, James R. Meyer,President Valley View Condominiums North Association Donna S. Gray,Treasurer Valley View Condominiums North Association Attachments 2: Memo to Jack Krongard dated February 24, 1998 Memo to Jack Krongard dated August 12, 1998 Cc: Mayor and Council Jim Butler,Building Official Jay Johnson,Public Works Director Scott Richards,City Planner Joe Anderlik,City Engineer Mark Vierling,City Attorney Melanie Mesko Linda Carufel VALLEY VIEW CONDOMINIUMS NORTH ASSOCIATION %DONNA S. GRAY 14812 58TH STREET NORTH #3D OAK PARK HEIGHTS MN 55082-6396 TEL: 612-430-0822 February 24, 1998 Memo to: Jack Krongard Brad Junker From: Valley View Condominiums North Association Re: Repairs A list of most of these problems with Buildings A & B was given to Jeff at Kingwood last summer. He took no action, therefore this memo. 14806 Unit 2A (Fernandez) Missing one piece of siding inside patio Sheet rock in garage needs to be taped Replace siding where holes were put in for satelite dish. Owner to Pay for this repair. 14806 Unit 3A (Glenna) East wall—corner cap—bad crack Holes by gas meter at bottom of wall should be cemented up No rocks or cement under NSP meter 14806 Unit 4A (Wohlers) No rocks or cement under NSP meter 14806 Unit 5A(JeffJohnson) No rocks or cement under NSP meter Patio board missing Wall in washer-dryer room needs to be painted. (Cause: Water leak in roof which Jack fixed but never painted. Siding patio—needs two pieces—owner to pay. Hole in floor under carpet in master bedroom. 14806 Unit 6A(Ellie Peterson) No rocks or cement under NSP meter 14824 Unit 113 (Carufel) Holes in siding--west wall upper and lower—many—replace Siding North wall second story loose siding West wall by gas meter between #1 & #6—holes between cement blocks need to be filled in with cement 14824 Unit 4B (Warren) Need rocks or cement under NSP meter? 14824 Unit 5B (Leonard Johnson) Bad outside headboard over garage door Bad wood on top of patio wall Patio—bad corner caps—hole 14824 Unit 6B (Jim Meyer) Crack in siding on patio wall next to driveway—bottom piece of Siding Garage door frame needs to be painted I Ioles in siding—west wall upper and lower—many— Siding needs to be replaced. Missing patio light Loose siding under second level, left window, front of townhouse Loose paint around front door frame bottom TV cable to the second story needs to be installed inside and siding fixed. (Jack Krongard ran wire from the first to the second floor outside instead of inside the walls.) 14812 Unit 1 D Repair holes to wood caused by hanging banner. 14812 Unit 2D(Linda Bell) Hole in siding on patio(next to door) Crack in ceiling in sunroom K itchen floor is yellowing 14812 Unit 3D (Gray/Mueller) Floor in entry needs to be repaired or replaced. Jack is aware Of the problem caused by the carpet layers. Miscellaneous: There arc several problems with bad sod. This will be addressed in the spring. Jack.to furnish manuals on operating the sprinkler system. Cover for the sprinklers. (Jack has this—please install.) Retaining wall on West Side of development. This needs to be raised to prevent losing the rock. Jack and Shane Buff talked about this problem and Jack said he would pay for half. We need to have further discussion on this problem. VALLEY VIEW CONDOMINIUMS NORTH ASSOCIATION % DONNA S. GRAY 14812 58TH STREET NORTH 443D OAK PARK HEIGHTS MN 55082-6396 TEL: 651-430-0822 August 12, 1998 Memo to: Jack Krongard Brad Junket From: Valley View Condominiums North Association Re: Repairs Although some of the repairs listed in our memo dated February 24, 1998 have been completed,there still remain several items,which need to be completed. GROUND WORK Unit I A(14812)the grading for sod near the West Side of the patio is very bad-to the point that someone could easily trip and get seriously hurt. )Brad,it looks like the same problem that you fixed on the north end of this same building where it took several pails full of dirt to fill the hole-) This needs immediate attention. DUST TO DAWN LIGHT SENSORS FOR 6 OUTSIDE GARAGE LIGHTS IN BUILDING B(14824) There are sensors on Buildings A&D. According to the documents we received from the City these are in lieu of street lights. Building B has no sensors and these must be installed. The Association can then enforce all owners to keep working bulbs in these outlets and our buildings and the streets will be somewhat lighted. CAULKING Almost every one of the 18 units needs the garage doors caulked. Almost every unit needs windows caulked-top,sides and bottom. This should include caulking between the brick and the windows also. In some cases. particularly on Unit 4D(14812)the caulking,which was done,is very sloppy and needs to be removed and redone. Almost every unit needs caulking around penetration of gas and air conditioning lines. This should be done with a gray colored caulk where it penetrates the siding. Caulk patio doors. Caulk around cable connection behind a bush on the West Side of Unit 6B (14824). Use gray caulk to match siding. Caulk around AJC lines and gas lines on area between wooden decks--Units 3B &4B(14824). Foam is disintegrating and needs to be replaced. PATIOS The top boards were never primed and the paint has peeled. All patio top boards must be scraped,primed and finish painted. Buildings A& B(14806& 14824) �� , :is cracks in plastic corner cap at bottom, East Side Unit 3A(14806). Replace. (V{ itC0 needs to bei;primed and then painted. GARAGE DOOR FRAME On Unit 6D(14812)the top of the doorframe needs to be primed and painted. On Unit 5B(14824)the top of the doorframe needs to be primed and painted. SIDING Tod Christopherson has done some repairs already,but the following remain. Siding on the West Side of Building A(14806)is buckled on the second level by the windows. Chimney siding of Unit IA(14806)has a hole%up to the top. Siding up from garage door and under window which was caulked where cable was installed needs to be replaced. Unit 2A(14806) Siding just up from white strip is buckled on West Side of Building B(14824). Hole in siding from banners—up from lower roof West Side of Building B (14824) Siding below 2°d floor windows needs to be checked on Unit 1B(14824) Siding below 2nd floor windows is buckled on Unit 4B(14824). Siding below 2°d floor windows is buckled on Unit 5B(14824). Siding below 2"d floor windows is buckled on Unit 6B(14824). Siding along driveway at bottom of patio divider Unit 6B(14824). Bad piece of siding. Cut off excess flashing on the corner of the building on Unit 1D(14812). Hole in bottom siding on the patio of Unit 2D(14812). This is on the south wall. Siding around cable box needs to be replaced on Unit 3D(14812). Cut off flashing on the south side of patio on Unit 6D(14812)where it is bent over. Please let Donna Gray(430-0822)know when you will be making the above repairs so they can be taken off this list. Thank you for your co-operation. Cc: Jim Butler CITY ( 1F OAK PARK HEIGHTS 14168 N.57th Street-Box 2007-Oak Park Heights.,MN 55082•Phone:(612)439-4439.FAX 439-0574 a September 1, 1998 James R. Meyer, President Donna S. Gray, Treasurer Talley View Condominiums North Asu :iatio 14812 58th Street North #31) Oak park I leights, MN 55082-63% Dear Mr. Meyer and Ms.Gray, I am in receipt of your letter of August 28, 1998, concerning several issues that the Valley View Condominiums North Association has with the developer, Mr.Jack Krongard. I appreciate your correspondence and your request for City help in this regard. I must point out that the legal and fiduciary responsibility for the City in this matter are very limited. In your letter, you made several references that you expect payment by Mr. Krongard or the City for certain items or repairs. You must realize that the City does not have a fiduciary responsibility in this matter, and you are not authorized or cannot commit the City to repairs or other financial obligations. The Minnesota State law clearly states that only through proper bidding procedures and with authorization from the City Council and our financial officers can the City be involved in construction or reconstruction of projects. Any deviation from that cannot be allowed. (herefore, I would caution you on any assumption that the City will reimburse you for any costs that you may have incurred in your dealings with Mr. Krongard. I and members of my staff have visited the site. We understand your concern, and we also have certain concerns in those same areas. You do need to realize that Mr. Krongard has brought himself to compliance with the development agreement on all of his other properties in the development. Therefore, the City cannot hold permits nor inspections on other development properties pending the outcome of your issue on this development property. I will, however,point out that the next eight-plex to he constructed would be in your development. In that the eight-plea project tics into your development, we can try to address any concerns that may be existing in your development when that project progresses further. From Tree City U.S.A. the very superficial view of our review, we do sec that the retaining wall, which was to be}wilt on the west side of the property, needs to be adjusted. Additionally, we feel there may be a need to revisit die way in which the storm water is expected to flow within the development. It is too early to indicate exactly what may be done to improve the situation, hut I will point out that one option may be to change the surface storm water system for some type of an underground system. As our analysis proceeds, we will keep you informed as to what we would consider to be viable options. I hope you realize that we do want-to work with you; but at the same time,we need to caution you on the fact that you cannot obligate the City for construction costs or repairs. This can only happen through the City's process if, in fact, we become involved. Please let me know if you have any further questions or concerns. Sincerely, Thomas M. Melena City Administrator copy: Linda Carufel Committee Chair Valley View Condominiums North Assoc. Jack Krongard Oak Park Heights City Council VALLEY VIEW CONDOMINIUMS NORTH ASSOCIATION % DONNA S. GRAY 14812 58Th STREET NORTH#3D OAK PARK HEIGHTS MN 55082-6396 TEL: 651-430-0822 September 14, 1998 Thomas M. Melena Administrator City of Oak Park Heights 14168 57th Street Oak Park Heights MN 55082-2007 Dear Mr. Mclena: Thank you for responding to our letter so promptly concerning issues between the City, Jack Krongard and our Association. We appreciate your clarification regarding the City's fiduciary responsibility but feel that there are still pending requests in our letter that were not addressed. We would like to work with the City to ensure that our development is operating within the codes and agreements required. You stated in your letter that Jack Krongard had brought himself to compliance with the development agreement on all of his properties. We do currently have a copy of the development agreement but it refers to numerous other supporting documentation that the City needed to approve before Krongard proceeded. Specifically,in our letter to you we requested copies of the Grading Plan and the Landscaping Plan that were approved for the Valley View Condominiums North development. We also request a copy of the Drainage Plan. In an ongoing effort to resolve these issues in a timely fashion,we would appreciate receiving these documents by September 30 to review at the next meeting of our Board. After our Board meeting we will ask that you contact Linda Carufel to set up a meeting to resolve these issues. She can be contacted at 430-5914. Sincerely yours, James R. Meyer,President Valley View Condominiums North Association Donna S. Gray,Treasurer Valley View Condominiums North Association kat)) Qom . b, / 991 • I sat through the council meeting so I could talk with Tom Melena. He said our last letter is now on his desk -he has been really busy. 1. Krongard has agreed to raise the wall two blocks. Tom can not say when this will be done I asked him about getting money from Krongard for what we have done. He said he cannot advise us. So I said I guess that means we will have to sue Krongard for the expenses we have incurred. 2. In order to get any plans from the city we will have to pay for them The cost of time for staff to find the plans and copy them- This could result in a goodly sum of money. So I said,then you haven't actually pulled any plans to look at and he agreed 3. He said if he had been here when this development was going in he would hate recommended that the rain water be drained in an underground system. So I said, then the city goofed. He said no, but just that he would hate had a different recommendation. 4. Krongard knows that the underlay street will have to be repaired before the final layer of pavement. This will not be done until the final building is done. All in all it looks like absolutely nothing will be done until Krongard starts construction on the dth building. Krongard said he has no problem with installing drain tile along the north side of Building D(our building)but when I asked Tom if he had any of this in writing he said no-it won't be finalized until much later. So I guess we are just spinning our wheels looking for any help from the city at this time. Let me know what you think. Tuesday.Oc obei OB.1999 America Online-SEWSSS Page:1 MU KRONGARD CONSTRUCTION COMPANY 14791 60TH STREET NORTH,SUITE 2 STILT.WATER, MINNESOTA 55082 PHONE: (612)430-2314 . FAX: (612)430-3921 NOVEMBER 25 , 1998 CITY OF OAK PARK HEIGHTS 14168 57TH STREET NORTH OAK PARK HETGHTS, MN. 55082 RE: DRAINAGE AND GRADING I'LAN AT VALLEY VIEW CONDOS NORTH • THERE IS A CHANGE IN THE GRADING PIAN THAT KRONGARD CONSTRUCTION WOULD LIKE TO HAVE AMENDED TO THE ORIGINAL PIAN AS FOLLOWS. A RETAINING WA(.I, RUNS NORTH AND SOUTH ALONG 'I'III': WEST PROPERTY LINE, 48" HIGH. A 6" BLACKTOP CIIRH WAS INSTALLED ON THE PARKING LOT OF A CHURCN To THE wr•:S'1' OF THIN PROPERTY LINE. AT 'i'116: MED POINT OF THE NORTH SOUTH PROPERTY LINE, A RIACKTP DRAINAGE SWALE WAS INSTALLED TO MOVE WATER FROM THE CHURCH PARKING LOT ONTO THE PRIVATE DRIVE THAT RUNS FAST AND WEST MIDWAY ON THE NORTH SOUTH PROPERTY LINE. FROM THAT DRAINAGE SWALE GOING SOUTH, THE RETAINING WALL WAS RESTARTED, BUT AT A 36" HEIGHT, THEN LANDSCAPED AND SODDED. KRONGARD CONSTRUC,'TION COMPANY TS REQUESTING THESE: SMALL CHANGES BE ADAPTED TO THE DEVELOPERS AGREEMENT AS AN ACCEPTABLE AS BUILT CHANGE. SINCERELY, JACK KRONGARD/KRONGARD CONSTRUCTION COMPANY _ - r _: •qw :..! T.. _ --;:f.--,-,--------. '•--- fir..-- e • 1 NiZrW r;.Y i APix!If .- N 898319` x { -896 — '� 1.Ago G 4 84 : ,.... --/15!----dr-- -11 1, 711 ‘\\,\ 7 7 !irk.,- 1 b_. ,1 .i-.‘_ . , : I I I I V .._ I 1$41 I \ , 2 ; 81.40 rl ..I., .: ! 5.0 I SIab Elan,. •2 8 I A I I 7 II, CV 2 „- ' / / / I ; , ; Y ; c'"'°a [r"arra __- - - -�- -I 1 (i I 1 8 8 3 I I II , i (St /1,4,, ;1 II / . I, I 01 93 \ \ th E �� 3:V ' i 1 I ! i 1 � _ _ L J IuS(ab FJ�eu� 894 5 I r I CQ ,/ i 1 1 1 8R :,rLois li 4•) \N„...._.....,7:892 .t.. w�/' l f.—,tea; .�,• . i J 1 ; ; ; T� A iGeA' 'I / t 1%—. t 1 ! . . • , i *-111.' ' P"?'- , .10. _ i 1 i % , b ii O <- 0- . ,.... ' Lto r i I r_gg. 1 --- -� 1 W 1 - vr ' .1, -1-_,:tid . . . . I c\K-: �:)C I3- I .1 1:•, I 1 EZEVV.• .gt.. z _1__ _j ; • I__ �I ' j _ 1 i F 15i a6 EJ. :842.3 I. ,,.., 0 r. ....._,_11 - , _ __,,o , , ).____ ____. _ .. . :.,t, i g __. , ,,, , , swc .. 1 , , , .., .... �,1 �• I RAMIE 0 $941' """"' s !• _ mss V-14 i / • . i f --\--\""' ?b�. 3f is. - -.- - -, 1 Qom. R I tt\ `'r 4.7_884 ``~- _ , 1,_ / 8 82 , to __ +-• .S , .. _lw—..` `_'_. aims..._.R •- +��'/ i' / / VALLEY VIEW CONDOMINIUMS NORTH ASSOCIATION % DONNA S. GRAY 14812 58TH STREET NORTH#3D OAK PARK HEIGHTS MN 55082-6396 TEL: 651-430-0822 December 7, 1998 Tom Melena City of Oak Park Heights 14168 57th Street Oak Park Heights MN 55082-2007 Dear Mr. Melena, It was a pleasure speaking with you at Calvary Church during the elections last month. It was a good experience for me to be involved in this and a great way to meet the council and my neighbors in Oak Park Heights. At this time,we briefly discussed the city's plans to resolve the drainage problem that exists between the Calvary Church and the Valley View North Townhouse development. You mentioned that the city would be installing a drainage sewer on the church property that would drain towards 58th street. This would resolve the current problem with drainage from the church parking lot coming through the streets of our development. The purpose of my letter is that the Board of Directors and the property owners in this development are seeking a written letter of intent from the city and/or Jack Krongard outlining your plan and tentative dates to resolve this problem. We would appreciate receiving this letter by January 1, 1999,so we can present it to the owners at our annual meeting. Thank you for your assistance in this matter,we greatly appreciate your help. Please contact me if you would like to discuss this any further. Sincerely, Donna S. Gray VALLEY VIEW CONDOMINIUMS NORTH ASSOCIATION % DONNA S. GRAY 14812 58TH STREET NORTH #3D OAK PARK I[LIGHTS MN 55082-6396 TEL: 651-430-0822 Tuesday, December 15, 1998 Member of the Oak Park Heights City Council I have a two-part question: I. What is the procedure for the Council to follow when a developer asked that a Development Agreement be changed from the original plans? 2. Are the persons or Associations effected by these changes notified in advance so they can respond? Notes regarding wall. On September 7, the day of the primary election Donna was an election judge and Tom Melena came up to the church. He asked if 1 had time to walk out and look at the drainage problem. We walked out to the spillway and he said a drain would be installed and a storm sewer installed east to the main street coming in to our development. He estimated the cost at $30,000 half to be paid by Krongard and the other half by the City of Oak Park Heights. dZr, . c z , J11,7M We heard there was to be a meeting regarding the drain at the church on Tuesday, October 20th, but no one informed us the results of that meeting. etc-4-We have been concerned because of the height of the wall and the fact that the Association spent $835.00 to have the wall built up on the north side of the spillway and $292.65 on additional blocks to do this work. Krongard paid $146.32 toward the block but would not pay anything for the installation. Finally on October 12th Krongard hired B. D. Stevens to extend the height of the wall 2 blocks. We had an appointment to see DuPay on Friday, November 20th, but he called and canceled that meeting. DuPay seemed to be under the impression we wanted to sec him about the drainage on the north side of Building D. One day during early December (1-4)the drainage tile was installed on the north side of Bldg. D. Jim Butler called Monday, December 7, to tell me drainage drawing had been submitted, approved, inspected and that we should not have any further problems on the north side of Bldg. D. I again asked if someone at City Hall could interpret the wall drawing and then he told me Krongard had written a letter to amend the original plan for drainage and grading. Butler said this would come before the council on December 29 at 5:00 p.m. We contacted Mark Swenson, City Council man, and set up a meeting on Wednesday, December 15 to meet with him. .,,• L fi. i C.i.ti4 7 ` t` �+ j fit: i i ` • VALLEY VIEW CONDOMINIUMS NORTH ASSOCIATION % DONNA S. GRAY 14812 58TH STREET NORTH #3D OAK PARK HEIGHTS MN 55082-6396 TEL: 651-430-0822 February 12, 1999 Memo to: Chris Danielson, Community Development Director Jim Butler, City Building Official Karen Shimon, City Engineer From: Donna S. Gray Jim Meyer Re: Meeting 2/10/99 ti Thank you for meeting with us regarding issues at Valley View Condominiums North Association. The issues as we see them today are as follows: 1. Retaining Wall Krongard Construction needs to build the wall according to the original drawings. This means a four-foot wall extending south to beyond Building A to the south side of the street. This will discourage trespassers from cutting through the property. 2. Spillway Since you have indicated that the spillway must remain, we are requesting that Krongard Construction create a permanent spillway of concrete. The present spillway is pavement and is already disintegrating. The south side of the spillway should be built up the same as the north side was and the cement should follow the block line. 3. Settling of ground on the SE corner of Building D Cement curb has broken and settled, therefore water collects in this area. We would like Krongard Construction to redo the curb and pavement in this area to facilitate drainage. 4. Street Lighting Dusk to dawn sensors need to be installed on Building B (14824 58th St.N.) on the garage lights by Krongard Construction. Reference Northwest Associated Consultants, Inc. Planning Report dated September 9, 1994, File No. 798.02—94.05 page 8. "Lighting. The applicant has submitted a general lighting plan. There are to be no yard or street lights. Lights affixed to the 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." 5. Sprinkler System Carl's Sprinkler was hired by Krongard Construction and installed the system in the present three buildings. There are no plot maps available because they did not make any. We feel they used inferior sprinkler heads and have had to replace most of them, we did not ask Krongard to pay this cost. Since we are responsible for maintenance costs, we would like Krongard Construction to use Al Conard as a sprinkler contractor. We much insist that K Professional Pop-Up Gear Driven Sprinkler heads be used and the lines mapped. The Association must maintain this system so we are asking Krongard Construction to cooperate with us on this matter. 6. Siding Damage Siding has been damaged by the hanging of sales banners, or otherwise damaged in construction by Krongard Construction. Specifically these include: Crack in siding on patio wall next to driveway—bottom piece of siding. Unit 6B. Loose siding under second level left window, front of townhouse Unit 6B Holes in siding caused by hanging banners to the west side of Unit B. (Some was corrected but not all—particularly the higher level.) Between Units 1 & 6B. Hole in siding on patio next to door. Unit 2D. (For Your Information—we tried to purchase siding to do some of these repairs but found that the siding company would not sell to us since we are not a contractor.) The Association feels strongly that Items 1, 2 and 4 fall under the City's jurisdiction. Since the owners have tried to have Item 6 corrected since September of 1996 we are asking your help in perhaps mediating a meeting with Krongard Construction and the Association. The same applies to Items 3 and 5. We hope to hear from you soon. ,.� E CLu:t.,",E & S NORTHWEST ASSOCI ^ED CONSULTANTS ism COMMUNITY PLANNING - DESION - MARKET RESEARCH MEMORANDUM TO: Tom Melena FROM: Scott Richards DATE: March 4, 1999 RE: Oak Park Heights -Valley View Estates: Six Versus Eight Plex Approvals FILE NO: 798.02-99.03 In 1995, Jack Krongard, of Krongard Construction Company, received approval of the Planned Unit Development (PUD) for Valley View Estates at 58th Street and Osgood Avenue North. As part of that approval, the PUD included two eight plexes on the northerly portion of the development between Calvary Church and Ramie Johnson Estates. Please see the attached exhibits. In April of 1996, Mr. Krongard asked for an amendment to the PUD to change the two northerly eight plexes(two story) to one story rambler style six plexes. The City Council considered this amendment and granted approval at their April 8, 1996 meeting The westerly six plex has been constructed. Mr. Kronoard is now asking that the PUO be amended once again to allow construction of an eight plex on the easterly lot. The eight plex is similar to what was approved in 1995 and would resemble the two story units that have been built along 58th Street. The Planning Commission was made aware of the proposed amendment at their February 25. 1999 meeting They saw no issues with the proposal and felt that because this was a City Council issue in 1995 and 1996, that a more formal review by the Planning Commission was not necessary. 1 75 WAYZATA 6OULEVARO. SUITE 555 :31 LOUIS PARK. MINNESOTA 5S.1 1 6 r`IsONr' f I ?- 595 A6:16 '-Ax 612 595 . 91337 E-MA:t NACLp? L'JINTERN'ET COM The City Council may amend the PUD to allow for an eight plex unit at their March 9, 1099 meeting but should do so with the following five conditions: 1. That the applicant submit an amended landscape plan for the area surrounding the eight plex subject to City staff approval. 2. That the applicant provide final grading plans and address ail storm water issues for the site, subject to City Engineer approval. 3. That park dedication fees of$335.00 per unit($670.00 total) be paid to the City to accommodate the increased unit numbers. 4. That all issues with storm water drainage for the private road access lee addressed subject to approval of the City Engineer. 5. Other conditions of City staff. pc: Kris Danielson Jim Butler 2 • N 89°i319` E - --- -3O226 - — b� -- •84b -81b--- - \ �; —�— ' -- - -- •� / —-.• ,' r J i •, v.a , \ ---Til \\ II ril ,......___. I r,...., ;«1 1 i--,1 \ 1 �� /t � JtS ., �,f 1 r� N. : � 1 • 1 r' ( / � 11 1 T..sI_1 _ . 1 r 1 \ 1 r----y'\}-+i----�'... ---. 1 �- i ` I _ [I I 11.1 ----: \ ----ir A 1p , - I \ ��- I 1 j l Jf� t g ._ s o1 R a 1 1 1 .t*; Sieh 1f16ji,se 44 I.] CO I. IA .7—.$1►Z ,,k.,.,vId.16 5; J j t s i , 1 \ . . . -.1- --4. - . 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EXHIBIT I ( 41 /' ,.- \��/- �� SITE AREA f` I VALLEY VIEW CONDOMINIUMS NORTH ASSOCIATION Date: April 13, 1999 To: Jack Krongard From: Board of Directors,Valley View North Subject: Letter Agreement Dated February 19, 1999 Jack, As of today, we have not seen any progress on the items you agreed to take care of per our agreement dated February 19, 1999. The due date for completion of all of these items is May 1, 1999. We were more than happy to work with you and the city to obtain approval for the 8-plex, we now ask that you keep your word and complete the items per our signed agreement. The Board of Directors feels that an amicable relationship between our two parties is in everyone's best interest and we trust that you will take care of this matter as soon as possible. Our insurance agent has recommended that you provide proof of insurance on the new construction property to the Association. Please send this information to Donna Gray for our files. If you have any question, feel free to call me at 430-5914 (w) or 439-8937 (h). Thanks for your cooperation, Linda Carufel Attachments: Signed Agreement, VVN letter to City VALLEY VIEW CONDOMINIUMS NORTH ASSOCIATION Date: May 10, 1999 To: Jack Krongard From: Board of Directors,Valley View North Subject: Property Line Jack, Just wanted to chat with you briefly about your landscaping plans for the fourth building. I know you are very busy so I will try to keep this brief. We have noticed that the property markers go out quite a ways from where the landscaping stops on the North side of our property. Since the association will eventually own all of this property, we feel that the landscaping should be extended to these markers. I am not sure why you chose not to fully utilize this land, but we are asking that when you landscape the fourth building, you landscape out to these markers all along the North side of the property. This will entail some rock removal, leveling, and sodding. According to the state statues, since this is not a maintenance issue, the association does not have the authority to spend its funds in this manner. Nor do we feel we should have to remove funds from our reserves to finish landscaping the property. We hope that you will be willing to do this since we feel it should have been done initially, ultimately, the North units on the fourth building should be worth more with the additional property and landscaping! On a side note,thanks for installing the sensors and my apologies for any miscommunications between your office and the Board. We are still waiting for the spillway to be fixed and the other siding to be repaired. Can we count on these items being taken care of by June 1? Please call me to discuss at 430-5914 (w) or 439-8937 (h). Thanks for your cooperation, Linda Carufel NORTHWEST ASSOCII ED CONSULTANTS tNCN COMMUNITY PLANNING - DESIGN - MARKET RESEARCH NIE@IE May 13, 1999 �, ; MAY 141999 • qui l� Mr. Jack Krongard 14791 60th Street North Suite 2 Stillwater, MN 55082 RE: Oak Park Heights-Valley View Condominiums North Association FILE NO: 798.02 -99.03 Dear Mr. Krongard: As you are aware, the conversion of the phased six unit building to an eight unit building required the submittal of a landscape plan. You had indicated that the landscape plan submittal for the other eight unit structures would be utilized for the new building. That was acceptable to staff. Donna Gray has reviewed the landscape plan and suggested that a tree other than River Birch be installed. Our office suggests that Japanese Tree Lilac, Amur Maple, Hawthorne, or fruitless crabapple trees be installed. Additionally, we would suggest that Summit Ash not be used, but rather substitute a maple or oak variety. Ms. Gray also indicated that a number of terms remain outstanding from an agreement you had made to the Valley View Condominium North Association on February 19, 1999. We strongly recommend that you resolve these issues as soon as possible. A copy of that agreement is attached. If you have any questions, please do not hesitate to call. Sincerely, NORTHWEST ASSOCIATED CONSULTANTS, INC. Scott D. Richards, Al P Senior Planner pc: Donna Gray Kris Danielson Jim Butler 5775 WAYZATA BOULEVARD. SUITE 555 ST. LOUIS PARK. MINNESOTA 5541 6 PHONE 6 1 2 -595- 9636 FAX 61 2 - 595-9837 E-MAIL NAC @ WINTERNET.COM ir KRONGARD CONSTRUCTION COMPANY • 14791 60TH STREET NORTH,SUITE 2 STILLWATER,MINNESOTA 55082 PHONE:(612)430-2314 . FAX:(612)430-3921 February 19 , 1999 Donna Gray 14812 58Th Street North Unit #3D Oak Park Heights, Mn. 55082 RE: Valley View Condos North Letter to City of Oak Park Heights Dear Donna, As per our conversation on Fridy February 19, 1999 , Krongard Construction company has agreed to items numbered 2- Spillway 4- Lighting _ :i- Sprinklers -6- Siding see attached sheet Krongard Construction has said no to items numbered 1- Retaining Wall 3- Road. As part of this settlement, Krongard Construction Company will pay Valley View Condos North, $1 ,001 .33 for the work on retaining wall . Also, Donna Gray has agreed to attain a public hearing on Tuesday, February 23 , 1999 with Jack to say Valley View Condos North has no objection to the 8 unit building vs. the 6 unit building. Thank you for your cooperation. Jack . cin-0-r: /Kr. 0-r. Co struction _ Donna Gra;/'- ley View Condos North #01" oPY)5 . A CJ6 � KRONGARD CONSTRUCTION COMPANY 14791 60TH STREET NORTH.SUITE 2 STILLWATER, MINNESOTA 55082 PHONE: (612)430-2314 • FAX: (612)430-3921 February 19, 1999 Valley View Condominiums North Association •o Donna S. Cray 14812 58th Street North ti31) Oak Pack Heights MN 55082-6396 .Re: Valley View Condos North Memo to City of Oak Park I Icights dated February 12, 1999. Dear Board Members: As per my conversation with gonna S. Gray on Friday, February 19, 1999, Krongard Construction Company has agreed to items numbered 2-Spillway 3- Lighting 5- Sprinklers, only as to the type of head to he used . Jac!; Krongard will help identify line locations and electrical connections. (, Siding Sec attached copy of incmo. Itirongutd('on5truetion has said no to items numhused 1- Retaining Wall 3- Road All of the agreed upon items will be completed no later than May I. 1999. Krongard Construction will arrange to have the streets swept to remove the dirt left by construction so tar as senun as possible. As part of this settlement, Krow;ard'' tnstrttction Company will pay, Valley View Condos North $I,001.33 for the work on the retaining wall. The Association will file papers with the court to have this matter dropped. Donna S. Gray will attend the public hearing on Tuesday,February 23, 1999 with Jack t Krongard. The purpose is to state that Valley View Condominiums North Association has no objection to the building of an 8 unit building vs.the six unit building on Lot C as now stated in the Development Agreement Krongard Construction will provide the Association with a complete copy of the Development Agreement as amended within 10 days. Krongard Construction will inform the Association of the name of the realtor who will be marketing the units so the Association can provide current financial information and current Rules&Regulations to prospective buyers. Rules and Regulations are currently being updated. Since street parking is a potential problem the rcaltor will point this out to buyers. Krong,r I truction Company 1/ i ./ /72 7 ' :• A • 1/ Accepted by V/- . View Condominiums North Association Fa-1?-1999 13:19 CITY OF OPEC P.02103 VALLEY VIEW CONDOMINIUMS NORTH ASSOCIATION %DONNA S. GRAY 14812 58Th STREET NORTI-I#3D OAK PARK HEIGHTS MN 55082-6396 TEL: 651-430-0822 February 12, 1999 Memo to: Chris Danielson,Community Development Director Jim Butler,City Building Official Karen Shimon,City Engineer From: Donna S. Gray Jim Meyer 3 �5�7 i : Meeting 2/10/99 Thank you for meeting with us regarding issues at Valley View Condominiums North Association. The issues as we see them are as follows: 1. Retaining Wall No Krongard Construction to build the wall according to the original drawings. This means a four-foot wall extending south to beyond Building A to the south side of the street By doing this hopefully it will discourage trespassers from cutting through the property. 2. Spillway Since you hate indicated that the spillway must remain,we are requesting that Krongard Cq.rt Construction do a permanent spillway of concrete. The present spillway is just pavement and it is already disintegrating.The south side of the spillway should be built up the same as the north aide was and the cement should follow the block line. 3. Settling of ground on the SE corner of Building D. No Cement curb has broken and settled therefore water collects in this ares. We would like Krongard Construction to redo the curb and pavement in this area to facilitate drainage. 4. Lighting Dusk to dawn sensors to be installed on Building B(14824 S$th St.N.)on the garage V' lights. Reference Northwest Associated Consultants,Inc.Planning Report dated September 9, 1994.File No. 798.02—94.05 page 8."Lighting. The applicant has submitted a general lighting plan. There are to be no yard or street lights. Lights affixed to the garage front of each structure will be operated by a light sensor and will operate • from dusk until dawn. For safety reasons,our office recommends street lights be installed as per City requirements throughout the development" • FEL-17-1999 13:20 CITY OF OPH P. 3 5. Sprinkler System Yard sprinkler system. Carl's Sprinkler installed The system in the present 3 buildings. There are no plot maps available because they did not make any. Also we feel they used inferior sprinkler heads and we have bad to replace most of them. We wo Kr• , _r r , � 7!!�!i*. . t. K . ,• '• .et contractor_ ailing this wet insist Professional P. , U. Gear Driven Sprinkl; :ds be used ani mos gypped, „ on must maintain this system so we are asking Krongard Construction to cooperate with the Association on this matter. 6. Siding Damage Nkr5 Siding damaged by hanging sales banners,or otherwise damaged in construction. Specifically these include: Crack in siding on patio wall next to driveway—bottom piece of siding Unit 6B. Loose siding under second Ievgl Jell window,front of townhouse Unit 6B. Holes in siding caused by hanging bangs to the West Side of Unit B between - - Units 1 &6. (Some was corrected hut not all—particularly the higher level.) Between Units 1 &6B. • Hole in siding on patio next to door. Unit 2D. (For Your Information—we tried to purchase siding to do some of these repairs but found that the siding company would not sell to us since we are not a contractor.) The Association feels strongly that Items 1,2 and 4 fall under the City's jurisdiction. We are asking your help in perhaps mediating a meeting with Krongard Construction to resolve Items 3,5,&6. The owners have tried to have some of Item 6 corrected since September of 1996. We also want to call your attention to the fact that if the above Item 1 &2 take place they are not in accordance with the change in the Grading Plan that Krongard Construction would like to have amended in their letter to the City dated November 25, 1998,and that request will need to be denied. We hope to hear from you soon. -LX }L • • VALLEY VIEW CONDOMINIUMS NORTH ASSOCIATION % DONNA S. GRAY 14812 58TH STREET NORTH #3D OAK PARK HEIGHTS MN 55082-6396 TEL: 651-430-0822 June 29, 1999 Tom Melena Scott Richards Kris Danielson Re: Drainage Plans for Carriage Homes At the hist council meeting on June 22, 1999,the council accepted the initial concept for the Carriage Homes development. We understand that you will now be working with the developer to create a final plan. At the meeting,it was mentioned that the church parking lot may be expanded and used for overflow parking for this development. Torn Melena then mentioned that adding curbs to the parking lot may solve two issues. We believe he was referring to our issue with the church's overflow coming down through our neighborhood,but are unclear as to where this would be diverted. Since our development is located between the church and the Rayme Johnson High-rise,we feel these drainage issues need to be resolved to the satisfaction of the developer,the city and our board of directors. We would appreciate it if the city would keep us informed of any drainage plans that will affect our development or maintenance costs. As always,we look forward to working with the city to resolve this and other issues we are currently faced with. Board of Directors Valley View North June 30, 1999 Mark Swenson City of OPH Councilmember Mark, After all of that outside activity with Habitat it sure is tough to get back into the swing of things! Just wanted to follow up with you since it has been a while since we spoke,I am hoping that the city is making some progress on the remaining issues with Jack Krongard. If you could give me an update at your convenience it would be much appreciated. I'll be off work from July1-5,you can reach me at 439-8937. One of the issues that needs to be taken care of ASAP is the dirt in the streets. Another neighbor came over last night and complained about it. Per your request, I didn't want Donna or Ito call Jack directly. He promised us weeks ago that he would come in and do another sweep,he has not. Its been 4 years that some of us have been living in this mess and understandably,many people are sick and tired of it. Another issue that needs to be dealt with soon is the spillway. Thankfully,Jack did come and pour a cement spillway as per our agreement with him. His workers were suppose to be coming back and fixing the grass,putting the barrier back up,cleaning up the dirt mess they left,and adding a bank of bricks along the left. As always with Jack,the spillway sits there a mess and for two weeks no one has come back to finish the project. Again,we have neighbors asking us why it is not getting completed and we don't know have an answer for them. If we cannot get these two things resolved soon,we will have no choice but to start bugging Jack on our own again. Some of the other issues outlined in the Developer's Agreement and the Planning record will take more time to resolve and we understand that,but there is no excuse for the issues outlined above not to be completed by Jack immediately. We have found that if Jack doesn't do it immediately, its not going to get done anytime soon and the unit owners here are tired of waiting on Jack. Please give me a call and advise on how you would like us to proceed with these issues. Once again,thanks for your assistance and time spent on this matter,the board of directors greatly appreciates your help and looks forward to working together to resolve these issues. Sincerely, Linda Carufel VVNCA Board Member P.S.Just as an FYI—we also sent a letter to Tom Melena and Scott Richards regarding the Carriage Homes project and potential drainage issues that may affect our development and/or maintenance costs. We understand the plan is continuing to be developed and are more than happy to discuss options for the best possible solution with the city,if necessary. VALLEY VIEW CONDOMINIUMS NORTH ASSOCIATION % DONNA S. GRAY 14812 58TH STREET NORTH#3D OAK PARK HEIGHTS MN 55082-6396 TEL: 651-430-0822 July 19, 1999 Mark Swenson City of OPH Councilmember Mark, Thanks for the update via your phone message last Tuesday,July 13. You stated in your message that Jack would be having the streets swept last week or early this week. Just thought I'd let you know that as of today,this has not happened. Also in your message you stated that you were still trying to obtain a copy of the original development agreement so you could address our other issues. Hopefully,you have received that by now and will have more information for us in the near future. Otherwise,we have a copy of this document and would be more than happy to get a copy to you so we could get these issues resolved. Unfortunately,you did not leave an update on the unfinished spillway that Jack has left for our viewing pleasure. Donna Gray said she provided you with some background details on this problem at the last council meeting. As you can see from that update,the new spillway was poured over a month ago and no one ever came back to finish laying bricks,clean up the forms and the dirt,and sod where grass was damaged. So here we are,another month of summer has passed since you asked us to come to you and we have yet to see any progress from Krongard. We feel that we have been more than patient and had hoped that you would at least help get the sweeping and the completion of the spillway taken care of. We cannot continue to make excuses to the unit owners in this development for Jack Krongard. We were willing to back off as you requested,now we hope that you will follow through with your part. At the last meeting of the Board, it was decided that we would wait for one more city council meeting to take place(July 27)before we proceeded on our own. If we do not hear or see any further action by the Wednesday following the meeting,we will have no choice but to have the work done and file in small claims court. As far as the city's response to our questions on the development agreement, since we have already given you a month we feel that asking for your response by August 16(two months)is more than reasonable to check into this. If we do not have a response by that time,we will formally come before the council to resolve these outstanding issues. We certainly don't want to make any waves with Jack or the city,but if you were in our shoes,I think you would feel the same. We love our development and are only trying to keep it beautiful not only for the benefit of the unit owners,but also for the benefit of Oak Park Heights. Sincerely, Linda Carufel VVNCA Board Member 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 l st. 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 09/15/99 out of 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. Shrubs—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 south 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. 09/15/99 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 09/15/99 have been living with standing water in front of their homes for four years because of 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 like. Sincerely, Linda Carufel VVNCA Board 09/15/99