HomeMy WebLinkAbout2004-11-02 OPH Ltr to Mike ViolaiL r;
Clay Of Oak l��,rk Heights
14168 Oak Park Blvd N.• Box 20Q7.Oak Park Heights, MN 55082 s (651) 439 -4439 +Fax 439 -0574
November 2, 2004
Mr. Mike Viola
Siegel, Brill, Creupner, Duffy and Foster, P.A.
1300 Washington Square
100 Washington Ave. South
Minneapolis, MN 55401
***Via facsimille 612-339-6591*** - Original to follow in US Mail
RESPONSE TO OCTOBER 21 2004 LETTER FROM MICHAEL VIOLA
RE: SHOPPES OF OAK P ARK HEIGHTS
1. Letter should be re- addressed to Pjrincipal Life Insurance Company.
2. Jiro. Butler, Building Official has issued a certificate of occupancy for the majority of the "in -line"
stores several of which are in full operation. There will need to be additional building permits
applied for to build -out those remaining vacancies.
The City cannot state that the development is in full compliance with the terms of the PUD
documents. Additionally, the PUD is an ongoing document that will enforce conditions on the
property /project in perpetuity.
At this time the City has had several conversations with AMCON Construction regarding
outstanding issues, there does not appear to be urgency on their part to proactively address these
matters. I have again enclosed a listing from the City's Director of Public works, Mr. Tom Ozzello
that outlines several of the City's outstanding issues. I have also enclosed a commentary from the
City Arborist citing some corrections she needs done at the site.
These lists may not be all encompassing as there may be outstanding professional service fees, a
tree protection escrow, etc or other items rema to be identified, when Mr. Ozzello and Ms.
widin have assured my office that these items have been addressed, as well as the payment of all
related fees, the City can further contemplate the release of the letter of credit. Upon such final
release, it is usually at that time when the City believes a project to be complete and in gqne ral
compliance with the various development documents. The development always remains subject to
such terms (PUD, Development Agreement and City Ordinances).
3. Parking.
a. The project was approved by the City Council at the retail - parking requirement of five
spaces per 1,000 square feet of building area.
b. The original plans used to base parking requirements did not include mezzanine space. If
the mezzanine space is used for storage only, parking requirements will not apply to that
area. The parking request for kohl's was based upon a figure of 86,000 gross square
feet. The parking calculation for that space is as follows:
86,400 gsf X .9 = 77,400 square feet @ I space per 200 square feet
387 parking spaces
C. The parking formula accepted by the City for this PUD was acknowledged in the concept
plan resolution approved by the City Council. Approval of the general plan site plan
which indicates the parking layout indicated the acceptance by the City of the five space
per 1,000 square foot requirement.
d. Parking calculations for Phase 1 of the development indicates 867 spaces were provided
and 703 spaces are required resulting in a surplus of 164 spaces. The addition of 19,200
square feet to Kohl's would result in the following additional parking requirement:
19,200 square feet X .9 = 17,280 @ 1 space per 200 square feet
86 parking spaces
4. The survey indicates a total building area of 159,262.45 square feet. The building areas shown on
the approved site plan total 156,260 square feet. The City does not have an issue with the final
survey listing square footages.
5. The setbacks are compliant with the Zoning Ordinance requirements. The westerly setback of the
Kohl's shorn at 24.61 differs slightly from the site plan at 27.5. The City does not have an issue
with the .final survey building square footages.
6. Certification of the final approved PUD site plan.
a. There are more parking spaces provided than required by Zoning Ordinance standards.
The City does not have an issue with the two stall discrepancy.
b. As indicated above, the City does not have an issue with the building size discrepancy.
C. As indicated above, the City does not have an issue with the setback discrepancy.
incerel
grip `Joli
City Adi
Cc: Mr. Mark V ierlin.g, City Attorney
W. Scott Richards, City Planning
Project Pile.
City 'Of
Oak Park Heights
14168 Oak Park Blvd Me Box 2007 ■ Oak Park Heights, MIN 55082 * (651) 439 -4439 9 Fax 439-0574
Date: October 26, 2004
To: Eric Johnson, City Administrator
From: Tom ozzello, Public Works Director
Re: Shoppes of Oak Park Heights -- First Addition
Outstanding Issues
The following is a list of problems and concerns at the Shoppes of Oak Park Heights, First Addition from
the Public Works Director.
1 ) We have one valve box west of Kohls that we can not key the shut off valve due to offset of the riser.
2) The patched area in Norell Avenue east of the truck entry to the back of the buildings needs evaluation
and striping to restore it to city standards
3) Adress numbers neeed to be placed on the back entry doors to allow identification
4) The roof access stairway on the south side of the building must be protected from unauthorized entry
5] Some of the storm sewer lines have debris and dirt that must be removed
6) The area for the irrigation controls and meter must be completed. There are exposed pipes and
electrical lines. Access to the city water lines must be secure
7) The stormwater catch basin south of Kohls has dirt infiltrating through improper rings or installation
8) The stormwater catch basin west of Kohls and south of the truck entry has dirt infiltrating through
improper rings or installation
9) The truck entry to Kohls has broken or missing asphalt near both the north and south pedesttrian ramps
at the trail
10) There is standing water in the parking lot area drain SW of Micheals. Either there is debris impeding
the flow or the slope is not right
11 } The trail to the west of Kohls and along the parking lot has a retaining wall installed. This was never
reviewed and would not be approved by the city. This makes it impossible to maintain easily with city
equipment and complicates snow removal and placement, path width clearing, and increases the
potential for damage to the wall and snow equipment.The walls needs to be removed and the area
regraded. In the alternative, the paths will have to be maintained privately and a permanent executed
agreement will need to be entered for this purpose.
12) The pavement markings exiting east out of the Kohls lot has the stop bar and turn arrows placed in the
trail crosswalk. The stop sign appears to be okay but the stop bar could lead to pedestrian impediment
or injury. We require the pavement marking be corrected to avoid potential injury from misdirected
TREE CITY U.S.A.
City of
Oak Park Heights
14168 Oak Park Blvd N.■ Box 2007 9 Oak Park Heights, MN 55082 * (651) 439 -4439 9 Fax 439 -0574
traffic. After the misdirection all ready placed, it will require preventative measure to sign and zebra
paint the Crosswalk.
13) There is standing water in the last catch basin prior to discharge to the pond. Blockages, improper
slope or offset joint needs to be resolved
14) All risers to shut off valves must be opened and valve operation verified
15) All catch basin gratings must be removed and the lip cleaned to verify operation and check the status
of ring sealing. Most observed did not have indications of proper construction and some had obvious
failures. I would suggest this be coordinated with Public works to give a common list of problem
catch basins
16) Based on the extensive amounts of debris in stormwater lines and the numerous failures to protect
stormwater excavation run off, the entire system must be cleaned. This includes all stormwater lines
and the pond must be cleaned out. I would suggest this be done after catch basins are repaired or
replaced and when phase two is complete. Several areas from phase two have impacted phase one and
phase two will also require clean out of all storm water lines and the pond.
TREE CITY U.S.A.
Eric A. Johnson
From:
kdwidin @comcast.net
Sent:
Monday, October 28, 2004 11:38 AM
To;
Eric A. Johnson
Subject:
Re: KohIs Phase I
Eric -
I have re-inspected the Kohl's site and the items in my memo of September 5, 2004
have not been done. Th-e fir ( item 7 ) are already showing some discoloration and dead
branches due to improper re- planting and exposed root balls. I would be happy to meet with
a rep. of the Kohl's project on site to show them the problems l have listed in that memo.
Kathy Widin
OPH Arborist
}
> Yesterday at staff we discussed outstanding issues with the Kohls Phase I
> project,
> Please email to me your various lists of remaining issues that need to be
> addressed - if any. I would like these lists by neon tomm.orrow so we can address
> their letter of credit and get these things taken care of..
> Thanks again
> Eric
1
Eric A. Johnson
From: kdwidin@comeast.net
Sent: Friday, September 03, 2004 9:33 AM
To: Judy Holst
C Eric A. Johnson
Subject: RE: Kohl's Landscaping
Judy -
The trees, shrubs and perennials come to about $51,000.. The trees and shrubs alone are
$46,004. I would withhold about $20,000., if possible, in order to get them to replace
the plants listed (about $4840.) and also remove the twine and cut the burlap on the other
B &B plants. If they won't do it, 1 guess the city would use the funds to hire someone to
do it. Do you notify them as to what needs to be done as well, or does Scott do that? In
the past, I have not notified developers directly, unless requested.
Kathy
] Kathy,
* Thanks, we will pass along your comments to Kohl's. How much or what percentage
* of the $110,400 estimated for landscaping in the Plan A Improvement in the
* Developer Agreement has been completed? How much can a reduce the LOC?
> Judy
> -----Original Message- ---- -
> From: kdwidin @comcast.net [mailto :kdwidin@comcast.net]
> Seat: Thursday, September 02, 2004 4:42 PM
> To: Judy Hot. st
> cc: Eric A. Johnson
> Subject: Kohl's Landscaping
> Judy -
* I have .inspected the landscaping at the Kohl's project and have the following
} observations and comments:
* 1. Most of the plant material is in and is still alive. There are some minor
* variations in numbers and species, but these average out over the site and are
* acceptable.
* 2. 4 lindens and 2 Amur maple on the east side of the parking lot have not been
* planted yet. The cost of these trees is approximately $2,150.
> 3. Many of the deciduous and ornamental trees have suffered some leaf loss from
> transplanting. The health of these trees will be re-- evaluated in a year near
> the end of the guarantee period.
> 4. A honeylocust in a parking lot median near the NW corner has exposed burlap
> at the top of the root ball. The burlap should be covered with soil and mulch
> to prevent water loss from the roots.
> 5. B &B trees (most of planting) still have the twine tied at the base of the
> trunk. This is counter to the OPH planting standards for B &B stock. The twine
> does not appear to be the kind which is biodegradable and intact twine will
> girdle the trees at the base and kill them. The twine should be removed. The
> Planting Notes for the project (on landscape plans) specifies that the top of
> the burlap should be opened on B &B stock. This has not been done. I would
> recommend withholding a considerable amount of monies until the twine is removed
> and burlap opened on all B &B trees planted, (most of planting). Otherwise the
> trees have a much higher probability of dying within a few years.
1
> 6. Spruce (I0) which have been moved to just west of the water tower area have
> not been mulched. This should be done.
> 7. 4 fir on the west side of the property behind the sidewalk along Krueger Ave.
> have apparently been moved and have exposed root balls. These trees should be
> re- planted so that the top of the root ball is even with the surrounding soil,
> The burlap should be opened and twine removed, then burlap covered with soil and
> mulch. The cost of these 4 trees is approximately $1200..
> B. A white spruce on the berm along 58th St. has significant feeding injury by
> spruce sawflies. This tree may not survive. Its cost is approximately $300.
> Spruce in that area should be treated next May/June for spruce sawfly. A maple
> on the berm is almost dead. It should be replaced. Its cost is approximately
> $400.
* 9. An ash at the north end of the berm under the power lines in the parking lot
* is uprooted and in a pile of dirt. This tree should be replaced. Its cost is
* approximately $400..
> Please contact me if you have any questions regarding this memo.
• Kathy widin
• QPH Arborist
2
OCT -29 --2004 14:53 OAK PARK HEIGHTS CITY
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Notes
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TOTAL P.01
City of Oak Perk Heights
14168 Oak P=k Blvd.
Box 2007
Oak Park Mightsy NIN 55082
Phone (6S l) 439 -44.39
Fa slmUe (651) 439 -0574