HomeMy WebLinkAbout8.A. Letter from Attorney Kevin J. Wetherille on behalf of the Brittany Village 5th Addition Honeowners' Association
CITY OF SHAKOPEE ~B.
MEMORANDUM
CASELOG NO: Not Applicable
TO: Honorable Mayor and City Council
Mark McNeill, City Administrator
FROM: R.. Michael Leek, Community Development Director
SUBJECT: Letter from Attorney Kevin J. Wetherille on behalf of the Brittany
Village 5th Addition Homeowners' Association (Association)
MEETING DATE: May 18, 2006
INTRODUCTION:
The City Clerk received the attached letter requesting to be placed on the Council's
agenda to discuss problems that the Association has had in getting the developer to
complete work on the common recreation area for that development. As even the letter
evidences, city staffhas been working for some time (and continues to work) to intercede
on the Association's behalf.
ACTION REQUESTED:
Offer a motion to receive the letter from Kevin J, Wetherille and directing staff to
continue its ongoing efforts to resolve the issues between the Association and Tollefson
Development as they relate to the common recreation area.
~~U~
R. Michael Leek
Community Development Director
C:\Documents and Settings\jcox\Local Settings\Temporary Internet Files\OLK8\Brittany Village 5th 1
CRA letter. doc
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I JASPERS
MORIARTY & JEROME JASPERS (1916-1994)
DENNIS PATRICK MORIARTY
_ WALBURG, P.A. STEPHEN W. W ALBURG
- LEE VICKERMAN
ATTORNEYS & COUNSELLORS AT LAW KEVIN 1. WETHERILLE
May 10, 2006
Judy Cox, City Clerk
Shakopee City Hall
129 South Holmes St.
Shakopee, MN 55379
RE: City Council Meeting of May 16. 2006
Dear Ms. Cox,
The undersigned represents various Brittany Village 5th Addition Homeowner's Associations.
Please consider this a fonnal request by the residents of Brittany Village to have the issues
addressed in this correspondence put on the regular agenda for the City Council meeting on May
16,2006.
\
Brittany Village would like to bring to the attention of the City Council the failure by Tollefson
Development to adequately complete the common recreation area (CRA) in Brittany Village 5th
Addition. Please forward this timeline, as well as the enclosed documentation to the council
members prior to the meeting.
eRA. Timeline
December 20, 2002 Developer's Agreement
2003 Construction of Brittany Village 5th begins
September 2004 Bruce Watson, President of Brittany Village 5th, Block I contacts
MW Johnson Builders and Tollefson Development regarding
deficient construction and preparation of CRA.
Watson is told that construction of CRA is responsibility of
Tollefson. Watson speaks with Gary Wollschlager, Vice President
of Tollefson Development regarding wood chip trail, basketball
court, shelter and green areas. Wollschlager denies responsibility.
Spring 200S Brittany Village Sth begins contacting city staff, Mark Themig.
May 9, 2005 Andrea Weber with City makes several attempts to contact project
manager at Tollefson, receives no response. Weber and Themig
206 SCOTT STREET · SHAKOPEE, MINNESOTA 55379
TELEPHONE (952) 445-2817 I FAX (952) 445-0812
E-MAIL: dmoriarty@jmwlaw.com Ivickerman@jmwlaw,com swalburg@jmw1aw.com kwetherille@jmwlaw,com
~.
indicate they will try and contact upper level management at
Tollefson.
Themig indicates that the CRA is not completed in accordance
with developer's agreement and City intentions regarding park
spaces. Themig indicates that if necessary, matter will be brought
to City Council.
June 1, 2005 Weber indicates Tollefson's refusal to cure CRA problems and that
Tollefson threatens to bring the matter before City Council for
approval of resolution leaving CRA as is.
July 15, 2005 Meeting at Jaspers, Moriarty & Walburg, P.A. with members of
Brittany Village 5th, Mark Themig and Andrea Weber to discuss
CRA issues.
Late Summer! Wood chip trail replaced with blacktop. Two basketball hoops
Fall 2005 installed.
Concerns of Brittanv VdIaJ!e sd'
While the trail and basketball hoops were finally completed, the CRA is still in shambles. City
staff has indicated that the green space should have been seeded with a prairie-type seed.
Currently the open space is overgrown with noxious weeds and thistle bushes that make the
space uninviting for use. Green space is also cluttered with left over construction debris and
large boulders. While maintenance of the CRA is the responsibility of Brittany Village 5th, the
area was never fully completed and thus cannot be mowed as it currently sits.
When the wood chip trail was removed, excess wood chips were dumped in a pile on the edge of
the CRA.
The shelter platform sits several inches above-grade, creating a hazard for children, strollers, the
elderly and the handicapped.
Request for Action
Brittany Village 5th respectfully requests that the City require Tollefson Development to remove
all of the noxious weeds that have overgrown the CRA, debris and any other hazards in the green
space. The area needs to be re-graded (all of the topsoil was stripped away during development
leaving only sand and rock) and seeded with a suitable low maintenance prairie-mix seed. The
area around the shelter should be re-graded to be level with the shelter and exposed weed blanket
replaced or installed properly.
This has been a problem area for over 2 years. Yet another growing season has begun, and the
CRA is an unattractive, unusable space. Brittany Village 5th respectfully requests the assistance
of the City Council on this matter.
.
I look forward to addressing these issues before the Council on May 16, 2006. If you have any
questions regarding this letter, please feel free to contact the undersigned.
Very truly yours,
J~OroART
Qfi
evi . Wetherille ..._----~-~.._..........--
Attorney at Law
KJW:kjw
Enclosures
cc: Brittany Village 5th Homeowners Associations
RECEIVED
MAY 1 1 2006
CITY OF SHI\~\OPEE
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Mark McNeill
Subject: FW: Brittany Village 5th Follow-Up
-----Original Message-----
From: Mark Themig
Sent: Tuesday, May 16, 2006 2:32 PM
To: 'Bruce Watson'; 'Kevin J. Wetherille -Atty.'
Cc: Mark Noble; Michael Leek; Mark McNeill; Judy Cox
SUbject: Brittany Village 5th Follow-Up
Hi Bruce and Kevin -
I communicated with Gary Wollschlager from Tollefson Development that you will be attending tonight's City
Council meeting. He will be present for tonight's meeting for the discussion.
He also met with Mark Noble and I at the site today. According to Gary, he assumed that the contractor that
Tollefson had hired finished the work with the trail installation last year. After visiting the site, it sounds like he
agreed to the following:
1. Open Space Cleanup and Seeding
He will have a contractor work up the open space area, remove the debris, and reseed the area. We walked
most of the open space and found some construction material,buta lot of the debris appears to have blown
into the site. Also found a couple christmas trees that appear to have been disposed of back there.
One of the answers we need from you is what kind of seed would you like planted. I know Andrea was working
on this with Bruce, but not sure what the final outcome was. There are two options:
A. Hardy Turf Seeding: This will require fairly regular mowing to maintain the weeds, but would allow the area
to be used for general recreation. The area directly east of the shelter is a good example of what this would
look like, and it would fill in over time with regular mowing. Obviously, without irrigation, it isn't going to be like
the irrigated turf areas around the buildings, and will brown during dry seasons.
B. Native Seed Mix: This seeding is more natural and is more similar to what might be found along 169. It's
usually a mix of hardy grasses (it doesn't typically contain the flowering. prairie plants that one might see in
native prairies). It does need to be maintained by mowing periodically, and wouldn't be as conducive for
recreation uses.
Whichever option you want, the key in preventing weeds that have grown up is to mow the area as there are
un-mowed areas further west that will continue to spread plant seeds.
2. Trail Turf Establishment
The contractor will re-establish turf along the trail. This will either be sodded or seeded.
3. Basketball Court
Lines will be painted on the basketball court, per the approved plans.
4. Landscaping Around the Basketball Court and Shelter
Still in discussion, but I suggested that they remove the woodchips around the shelter and the basketball
court, regrade this area to eliminate the lip around the shelter, and plant grass. We have found that woodchips
require regular maintenance (replacement) and look bad over time. Turf should be a better long-term solution,
although you'll need to mow it regularly. If you prefer that the woodchips stay, let me know and I'll pass that
along.
The only other item that Kevin and I talked about was the topsoil. I did see some areas where there wasn't
1
much top soil, but I don't know what the site was like before development. It would be pretty difficult to haul in
anything at this point, as there are no access points large enough for trucks.
Let me know your preference regarding the seed mix and the wood chips, and anything else.
Mark
952-233-9514
2
Message Pagelof2
Bruce:
In answer to your request on the improvements for Brittany Village 5th Addition,
Joe Swentek advised me sometime in December, 2004 that the improvements were done and that the security
may be released. Subsequently, Andrea Weber advised that I retain about $30,000 for the construction of an 8
foot trail leading to the basketball court and shelter along the north property line; and, construction ofa basektball
court and shelter in the NE comer of the plat, as outlined in the Developer's Agreement. I did reduce the LOC to
$30,000 on 2/2/05. .
The maintenance bond for the Brittany Village 5th Addition - utility and street construction in the amount of
$612,634.00 was good for one year beginning October 28, 2004.
According to a letter from Mark Noble to M.W. Johnson, dated July 20,2005, the Letters of Credit for landscaping
improvements were reduced as follows:
1st to $4,500
4th to $2,500
5th to $3,000
Judy
5/16/200~