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HomeMy WebLinkAbout1992 Communication Re Construction Problems Around Property /3?0 SS CITY OF OAK PARK HEIGHTS MINUTES OF MEETING HELD MONDAY, JULY 13, 1992 Call to order by Mayor O'Neal at 7:00 p.m. Present: Kern, Doerr, Vierling, Anderlik and Wilson. Absent: Seggelke and Carufel. Resident Pat Peterson presented council with construction problems around her property. The matter will be looked into by Mayor and staff. Dave Roloff advised council of continuing problems with the swale on his property. Roger Benson to check tomorrow and report to council July 27th. Street reconstruction will be addressed again at workshop scheduled for Wednesday, August 19th at 7:00 p.m. at City Hall. Highway #36 interim reconstruction will be discussed Monday, July 20th at 7:15 p.m. at City Hall. Consolidation workshop is scheduled for Thursday, July 30th at 7:00 p.m. at City Hall. Kern, seconded by Doerr, moved to approve a $730.00 expenditure from Engineering Fund for Perro Creek Phase I Study. 3 aye votes. Carried. Kern, seconded by Doerr, moved to approve minutes of June 8th, 22nd and 25th as presented. 3 aye votes. Carried. Doerr, seconded by Kern, moved to approve US West request to place, construct and maintain telephone plant along Oakgreen Avenue North. 3 aye votes. Carried. Kern, seconded by Doerr, moved to approve budget transfers for purchase of Police Dept. vehicle. 3 aye votes. Carried. Doerr, seconded by Kern, moved to authorize purchase of two used Optech III -P Scan Voting Machines for a cost of $11,843.00. 3 aye votes. Carried. Doerr, seconded by Kern, moved to approve request from Northern States Power Co. to place, construct and maintain a 4" & a Pe -Y 60 P.S.I. gas main. 3 aye votes. Carried. Doerr, seconded by Kern, moved to approve the investment of an additional $500,000.00 in the AIM Adjustable Rate Government Fund. 3 aye votes. Carried. P■ � 3 k . V Needs to be done to restore my place at 13901 55th St. N. to its former state: (As of 7/13/92) B & C A, Silt removed; temporary silt barrier erected until Nos. k/8( A3/ completed. B- Hill (created by Gardner in erecting house at 13947 55th N.) smoothed down and sodded. Entire area - -my east and 13947's west convergence (where hill has been created) -- landscaped so water doesn't run down into my yard. D Front yard area along street sodded, arid7='p.rmperly landscaped (OPH) 2- Side and back yard sodded (utility trenching area) QUESTION: Bonestroo indicated that Fraeje will sod front along street then skip back to s e where silt removed, and sod that area. Now when Gardner sods utility trenching area on side and back, he'll need to drive over newly laid Fraeje sod to bring in dirt, sod, water. More efficient to have all done at once. F Dirt removed from around ash tree before sodding. G Driveway grade made less steep. H Repair /replace path edging and aggregate rounds.. upper and lower leve I Re- cement basement, \floor where water hookup done. J Check grade /level of street immediately in front and west of driveway. (Last winter it flooded with water and ice, resulting in my backing down on to a street covered with ice. Now (7/13/92) after rain, all dirt, mud, water washes and settles in that area) K Assurance that lot west of me isn't a repeat of lot on east. L Reimbursement for water and electricity used by developer. Pat Peterson 9 � May 29, 1992 TO: Kevin von Reidel r (2), Heritage Development ' \ 450 E County Rd D `,_) Little Canada MN 55117 \� FROM: Pat Peterson, River Hills Addition Kevin, I can't get to talk with you in person by phone! What I'm trying to tell you is: 1. The dirt that's been packed and mounded up around the green ash out front has got to be removed. If the trauma of losing half its roots doesn't kill it, then the destruction of aerated soil around it will. (I contacted Natural Resources who:said the trouble with construction sites is that when roots are damaged they mound up tightly packed soil around the tree, whereas it should be left at its original ground - untamped.) 2. The same principle holds for #`Pxe li t1e black walnut and spruce on the southeast border. The silt out air, water and nutrients. You know you promised'tne.J st winter, and again on May 18, that .you would put up a sil4t, barrier like you have for the tree farm to. the south. Even VI' ugh you plan to eventually clean it up, in the meantime it's kill' g the trees. I tried to clean the stuff away in both place btu I can't. 3. I'm still waiting to hear om the sewer man regarding the backup of water in the basement,.when the washer empties. I'm comfortable with waiting a reasonable length of time to get the sod in, sidewalk repaired and the hole in the basement cemen- ted up until you have those people in the area, but the above three numbered items need immediate attention. You may feel you've satisfactorily responded to my calls this past week by leaving messages on my answering machine, but the instance I phoned right back, you were on another line; at the girl's sug- gestion I hung up, kept my line free, but received no return call. The second instance I needed to be gone till noon, and not wanting to miss your call, advised the girl of same. You returned the call at 10:49 a.m. As of this moment there is a message for you; she said you may come in to the office this weekend. I'm usually gone Monday, Wednesday and Friday from about 8:45 to 11:45 a.m. CC: Harold Kimm Dave Hanson,.., nestr o C\-2) CHRONOLOGICAL ACCT. of Heritage Development dealings 1. 10/26/87 Agreement signed 2. 10/25/88 Letter from Dennis Johnston, proj. mgr. Prelim plat approval. Will keep me informed 3. 5/16/89 Preliminary plat approval (finalized ?) 4. 5/25/89 Phoned Dennis that I agree with wording of above. When I asked for approx. dates he said, "Just wait; there are so many things going at one time that I don't know." He agreed that it's possible nothing could happen for months, or years, or at all. 5. Letter from David Heller new proj. mgr. Planning to resume development this spring; site grading May 15 -June 1, with sewer water, street following immediately. 6. 7/4/90 picnic on lawn (pictures) 7. 8/23/90 U.S. est repaired phone line. "Gophers chewed; need new line. Will do later." 8. 9/11/90 Quality Trenching buried czble. IT. S West hooked up. 9. 10/7/90 I phoned Heritage. Left no. No return call. 10. 10/8/90 Phoned again; left no.; no return. 11. 10/8/90 Digging up Oakgreen at 55th. 12. 10/11/90 Phoned. Left no. David Heller returned call. "Will not start May 15. Need to finalize things w OPH. Yes, we do want property west of 10 ft w of your garage. Will pay you at time of hard mylar approv." 13. 10/18/90 Road blocked by NSP 14. 11/6/90 Phoned new proj. mgr., Kevin von Reidel who said petition comes before OPH Nov 12. Will grade then. Bids for sewer and water will open. May not be till spring 91. 15. 11/7/90 7 :30 a.m. Graders cutting down hill to n and w. 11:30 stopped; did not return. (pictures) 16. 11/25/90 LaVonne Wilson said stopped developer until new audit. 17. 11/26/90 Kevin phoned. Said my title to house was not clear. Told him owed approx $1000 18. 7/8/91 Gary Postma from Heritage phoned me at cabin for directions. 19. 7/9/91 Gary and Lind. Gill came to cabin. Ed and I signed mylar. Accepted check. Gary said they will not pay for water /sewer hookup to house. 20. 7/18/91 Surveyor 21. 8/1/91 Kevin and I Harold Kimmel's office re interpretation of agreement on water and sewer hookup. n CHRONOLOGY (contd.) 22. 8/5/91 Harold phoned me at :ca.bin. I have to come to office to sign Development Agreement. 23. 8/8/91 Signed above. 2 4. 8 /9/91 Met;Garence, job superintendent. Said he instructed all workers thatlmy access in and out is never to be barred. 25. 8/21/91 Started grading street. 26. 8/29/91 Mick Kaehler out looking yard over. 27. 9/4/91 Clarence looked over sewer site. (Appears sewer going in to model home. 28. 9/11/91 Phoned Kevin re sewer hookup. 29. 9/19/91 4 :15 p.m. Couldn't get to my driveway. Waited 15 min. 30. 10/4/91 Kevin here. Heritage will pay for hookup to house job suptwill contact me re plumbing arrangements. Heritage will also pay for restoring patio blocks and turf after tunneling. 31. 10/5/91 Rain and a little snow 32. 10/7/91 5 p.m. Dri eway blocked. Had to request unblock 33. 10/14/91 Workers blazed trail for me to get from drive over lawn into road. 11:15 Blazed another when T returned. Sewer line being laid in front of house. 34. 10/16/91 Talked with Jecke, plumber, by phone. 35. 10/28/91 Sewer lines put up into my yard. 36. 11/2/91 28.7" snow 37. 11/4/91 ater main in street broke( ?) Ice on top, water on bottom. Record breaking cold. Entire street at foot of drive iced. 38. 11/7/91 Still record - breaking cold. Left house at 8 a.m., returned at 11:30. Couldn't get into my road (55th St.) Started walking down to hoiase. A workman gave me lift in pickup. Walked back to Oakgreen to car shortly after. 39. 11/13/91 Mud, clay, slosh:: Parked across 55th in it up to ankles. Sheer 2 1/2 to 3 -ft. drop from driveway to street. 40. 11/14/91 Late for class again. Waited 20 min for workmen to assist me from yard to road. 41. 11/20/91 Can get into driveway. Started woadwork west of it. 42. 11/22/91 Phones out. 43. 12/5/91 OPH plowed 55th. After that Gardner plowed out 1 ±4gerew to access driveway to model home creating ridgerow entirely across 55th. Stuck: 'fried shoveling out. Phoned7Heritage. "Kevin not here." Asked for Jeff Gardner, who said that was not his problem. OPH swung around (eL, yr) 1' itts e. C aga; !n CHRONOLOGY (contd.) 44. 12/13/91 8:30 a.m. Kevin came out. He will toll Jecke]and McDermott, outside and inside plumbers, to do my water and sewer hookup before model home. Also will put up barrier on east and clean up silt. 12/16 45. Kevin phoned. Jecke coming tomorrow. Jecke phoned that he is doing model home first. 46. 12/17/91 Jecke came looked at basement, dug excavation for water. Coming back in a.m. to do the sewer and to cement up hole in basement floor. Plugged in his tank heater. 47i 12/18/91 Jecke's men cut phone lines. Repaired by afternoon. Jecke phoned. Might not patch up hole till McDermott thru; with inside. eeIIapee -eept e- teak- Remt -epe agy P4R4yie- pe.rpeel- eat -tan14. 48. 12/19/91 Bob Jecke shoveled some of the mud out of basement. Will cement up hole when McDermott thru; will collapse septic tank next spring. Pinky's pumped o m .n i e. McDermott said will do inside Monday. 49. 12/23/91 McDermott /The water is now hooked up. 21/6/92 - 5/4/92 ':'Florida April 92 Danny phoned me in Fla re inaccessibility of driveway. I phoned Kevin from Fla re driveway. 50. 5/4/92 I phoned Dave Hanson, and in his absence, leftyword. Curbing going in. Cannot use drive. 51. 5/11/92 ':Reuben from Knutson and Dave Hanson from Bonestroo here "Will notify Kevin about silt and barrier." 52. 5/11/92 Phoned for Kevin; gone all week. Asked for next person in line. "Not available." Left number. 53. 5/13/92 Pictures of silt. 54. 5/14/92 Street blacktopped. Some accessibility inconveniences. 55. 5/15/92 Phoned Heritage and told girl I needed to talk to Kevin in person as soon as he returned Monday. 56. Kevin came out He promised: again: 1. Level, grade and sod all E and S where utilities dug 2. Repair /replace edging and aggregage rounds both levels 3. Cement up hole in basement 4. Collapse septic tank 5. Scrape off silt and put up barrier 6. Cover above area with sod Take care of drain problem in basement (extra. perk) May remove hedges on s border and fill trench CHRONOLOGY (contd.) 57. 5/20/92 Jecke collapsed septic tank. Workmen cut cable TV line. U S West buried lines in front (Threaded underneath drive to avoid ash tree roots) Cataract surgery 58. 5/21/92 NSP gas workman cut ash tree roots. 59. 5/22/92 NSP elec. said would cut off electricity in an hour while burying underground wiring in back. (Never did turn off) 60. 5/22/92 8:30 a.m. Phoned Kevin re ash tree. He will call Ron Mesettler. took picture. I phoned Wm. Stiff of NSP who came out. Said it should never have happened; could have hooked up 6 feet down the line. Gave me copy of damage report. They will replace if dies, and I can tell by end of season if it's going to.. I phoned DNR who directed me to Chris Siems of Lasting Woodlands. Said be sure to fer- tilize it well and don't pack dirt up around any higher than it was naturally. (Workman did just that). Said roots need air. Same thing about small trees in back with silt. Said to get that packed dirt away from ash and silt away from others as soon as possible. Phoned Kevin. not in. 4:10 / turned call and said they can't guarantee that trees will not be damaged. (Chris Siems also said some trees don't show signs of dying until 2 to 5 years later) 61. 5/22/92 Little earth mover filled trenches on e and s (side and back) Also appeared to be some grading on w and s next door. 62. 5/22/92 Heavy rain. Silt really flowing. 63. 5/23/92 Met Laurie Burns, prospective buyer next door. Upset about big hill of dirt Gardner created. Said the money they give her for sod allowance will cover only front yard, and she cannot afford to sod said hill 64. 5/27/92 Phoned for Kevin. Not in. Left word I need to talk with him personally 65. 5/28/92 Phone and cable TV people working in vicinity. 66. 5/28/92 Message on my ans. mach. to call Kevin. Did so. He on another line. Girl said best to hang up and let him return call. He didn't. I called to tell girl I'd be gorse all morning tomorrow, so that Kevin would not call then. Stressed I need to talk with him personally 67. 5/29/92 When I returned home at noon, message from Kevin on ans. mach dated 10:49 a.m. They are not coming out to do my yard today. Assumes it will be early next week. Will advise me as soon as he knows. "If any questions, call." I, of course, was gene in the a.m.. I called "Not there." Told girl again I need to talk personally with him about trees -- nothing to do with sod, just that something needed to be done no CHRONOLOGY (contd.) now about the tr ees. She will leave message for him, as7she thinks he will be in over weekend. 69. 5/29/92 I tried ( to remove dirt from base of ash tree and silt in back. Wrote Kevin letter and mailed Copy attached. 70. 6/3/92 King Video cannot hook up cable til line is installed underground in front. 71. 6/22/92 Jury duty. Judy phdgs Kevin. He was extremely resentful. Finally agreed to phone everyone on his list to find out why things had not been done. Agreed to completion date of July 15. Suggested she phone following: Mark Virling, Larry Lee, silt barrier. Dubrcwski, West Star Development. Gene Lister (I'm not sure about spelling of these names) landscaping, responsible for shrubbery, sod, filling in trench. 72. 6/23/92 Dave Hanson of Bonestroo came. He will contact Kevin and tell him if he doesn't clean up yard, they will. 73. 6/23/92 Painter at next door house asked to use electricity. I hedged. He gave me $3 andsaid it would be about 31.hrs. It was 6 1/2. 74. 6/24/92 Workerslused electricity 8 1/2 hrs. Told him I was re- luctant, he asid he'd talk to Gardner. Later Trace Mill, job supt., came over. Looked over everything and said will talk with Kevin and get something done. I told him lots a luck. He saidl.then he'd go to Todd Munson. He will get back to me next week. 75. 6/29/92 Workmen used electricity 5 1/2 hrs. I told them I didn't want them to use it any more. 6/29 76. Fraeje dumped 2 loads black dirt. 77. 6/29/92 Phoned for Kevin. Out.till around 3. Told her if I don't hear from him today I'll have to go to someone else. 78. 6/30/92 Chris Piessel, Bonestroo, came. "Said U S West locater will come early Thurs, July 2, U S West contractors probably around 12, and buriers late Thurs, or early Mon. Fraeje will come Tue, Jul 7. They will sod only front and area where silt is removed. Took pictures. 79. 7/1/92 Workmen used my electricity without asking. I was gone. Ed noticed it plugged in and pullthe plug. I spoke Aith workman; said used only few hours. I told other workmen I expected Trace Mill to come over. They said he was due today, and would tell him I wanted to see him. Later in diay I went over. He had been there, they told him, but he didn't come over. 80, 7/2/92 Lori Rurns over. She doesn't want retaining wall; doesn't 1 CHRONOLOGY (contd' 80. 7/2/92 (contd.) like them. Will not sign final papers until they seed or sod embankment. 81. 7/3/92 pictures of yard. all around. 7/6/92 82. Arcade Asphalt put driveway in next door NSP marked new red lines front and back my yard. Chris Plessel came. No sod today, as U S West didn't bury line. 83. 7/7/92 US West and NSP came and re- marked cable lines. 84. 7/7/92 Tower Asphalt dumped 2 loads grade 5 linpstone in drive 85. 7/8/92 more pictures. 86. 7/9/92 Someone buried tel. lines. Someone else came and connected new line, took old-above-ground line.