2004-12-28 Invoices Letter
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NB..~.!.~U ~ .. 5975 MaIn Avenue N.E. · W. Box 9 .AlberMlle, MN 55301 · (763) 497-~384 · ",x (763)497.3210
December 28, 2004
Mr. Doug Muyres
700 Bunker Lake Boulevard NW
Anoka, Minnesota 55303
Re: Albert Villas 1-7 Invoices and your letter dated December 22, 2004
Dear Mr. Muyres:
I too look forward to meeting with you Wednesday January 5th at 2:00 p.m. I do want to
respond to some inaccuracies in yOU! letter. As you know, we have been working for
monthsto get thesebills resolved. We have repeatedly stated that the deadline was th~
December 20th Council meeting, which was the last opportunity for the Council to
approve a settleinent in 2004. Further, I outlined to Charlotte that I would be willing to
support and present an offer no less than 90% of the outstanding balance, less iIlterest. As
your secretary can confirm, I called about six times to try and get a response to no avail.
This proposal was made over a week in advance of our conversation, and not twenty
minutes before the deadline.
Edina Development's non-payment of developer billings and non-compliance with
wetland mitigation was on the December 20th Council age:l1da. The direction from the
City Council was to pursue these issues through legal channels. A December 21 st staff
meeting was held with the City Attorney, Assistant City Engineer and myselfto review
Council action from the previous night's meeting. Based on the direction of the City
Council the Assistant City Engineer stated he would pursue the Cease and Desist on the
Wetland mitigation and City Attorney Couri would begin to draft the lawsuit related to.a
multitude ofout~tanding issues including the non-payment ?fbillings.
As you may recall. on our December. 21 st phone conversation, I said that you would be
held to no more or no less of a standard than other developers and builders. To insinuate
you are being forced to pay this bill through another government agency is false~ The
City's action is the culmination ofa yearlong effort to seek compliance with the
Developers Agreement and your approved Wetland Mitigation Plan. Once the December
20th Council meeting passed, Edina Development left us no other alterative to resolve
these issues. .
As a courtesy, I have asked our City Attorney to present a summary of the items in the
lawsuit prior to the time it is filed so you fully understand the scope of that action. None
of the issues will be new as we have discussed them before. Further, I have asked City
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Engineer Pete Carlson to meet with y()uto gb over individual invoices to further answer
your questions a:J1d concerns.
F or most of this year, the City has been trying to assist you to comply with the approved
wetland mitigation plan you submitted. We have offered to have your consultant submit
an alternative plan. Months have passed and we have not received anything. We must be
very clear, that it is Edina Development's responsibility to gain access; complete the
mitigation work and monitor its compliance. The City's responsibility is to see that you
comply with the approved plan that you submitted as outlined in the Developers
Agreement.
We have asked for a letter of Credit for the3rd and 4th Additions for the remaining work
that is uncompleted. Months have passed and we have not received that letter. Perhaps
you could bring the Letter of Credit for the 3rd and 4th Addition with you to our meeting.
Current billings remain unpaid. We have asked for you to pay the engineering bills you
agree with and yet we have not received any payment for these engineering services.
Sincerely,
.~
City Administrator