2005-06-30 Edina Dev AR Summary
Edina Development Accounts Receivable Summary thru June 30, 2005
OriQinal Amount Oct-04 : $314,363.57
Payment Oct-04 ) $35,643.26
.~
OutstandinQ Balance/permits released Oct-04 $278,720.31
Additional BillinQs 6th Addition 30-Jun-05 $21,835.35
Additional Billings 6th Addition Wetland 30-Jun-05 $6,459.75
Additional Billings 1-5 Additions 30-Jun-05 $6,987.58
Additional Billings 1-5 Additions Wetland 30-Jun-05 $15,556.01
Subtotal $50,838.69
City Administration (k:'<je!,"') 30-Jun-05 $6,500.00
Subtotal $57,338.69
Total Due $336,059.00
~
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CITY OF ALBERTVILLE
ATTN: LARRY KRUSE, CITY ADM.
5975 MAIN AVENUE NORTHEAST
PO BOX 9
ALBERTVILLE MN 55301
ALBERT VILLAS 6TH ADDITION
Professional Services: June 1. 2005 through June 30. 2005
Professional Personnel
Hours
Rate
SCIENTIST
DEUSCHLE, DERIC R 7.00 83.23
Albert Villas - attorney meeting, draft of review material
DEUSCHLE, DERIC R 10.00 83.23
Albert Villas - field review and council meeting
DEUSCHLE, DERIC R 1 .50 83.23
Albert Villas - phone conversation with Scott Thelan and Julie Olson
DEUSCHLE, DERIC R 2.50 83.23
Albert Villas - phone conversations with Colleen, Julie, and Lynda
DEUSCHLE, DERIC R 11.00 83.23
Albert Villas - Prep of materials, field visit w Thelan, and council
meeting
DEUSCHLE, DERIC R 3.00 83.23
Albert Villas city council meeting
DEUSCHLE, DERIC R 10.00 83.23
Albert Villas field review and city meeting
DEUSCHLE, DERIC R 0.50 83.23
email to TEP and DNR with findings
PROJECT MANAGER
MOBERG, ROBERT L 5.00 135.79
Attend City Council meeting & neighborhood meeting
MOBERG, ROBERT L 0.50 135.79
Attend City Council meeting to provide update on wetland issues
MOBERG, ROBERT L 0.50 135.79
Coordination of wetland staking
MOBERG, ROBERT L 0.50 135.79
Evaluation of developer's proposal to drain storm water pond
MOBERG, ROBERT L 3.00 135.79
Field review of wetland staking wi City staff
July 14, 2005
Project No: AALBEV0212.00
Invoice No: 0132935
Amount
582.61
832.30
124.85
208.08
915.53
249.69
832.30
41.62
678.95
67.90
67.90
67.90
407.37
Project: AALBEV0212.00
MOBERG, ROBERT L 2.00 135.79
File research for easement documents
MOBERG, ROBERT L 0.50 135.79
Forward wetland mitigation data to property owner
MOBERG, ROBERT L 0.50 135.79
Letter to residents
MOBERG, ROBERT L 5.00 135.79
Meeting wi City staff & developer's attorney to review wetland issues
MOBERG, ROBERT L 0.50 135.79
Memo regarding silt fence
MOBERG, ROBERT L 2.00 135.79
Prepare presentation figures for neighborhood meeting
MOBERG, ROBERT L 0.50 135.79
Review developer's response to DNR restoration order
MOBERG, ROBERT L 0.50 135.79
Review lot grading @ 10720 49th Court
MOBERG, ROBERT L 1.50 135.79
review of wetland issues
MOBERG, ROBERT L 0.50 135.79
Review sidewalk repairs
MOBERG, ROBERT L 0.50 135.79
Review status of bridge over County ditch #9
MOBERG, ROBERT L 1.00 135.79
Reviewed proposed wetland mitigation areas
MOBERG, ROBERT L 3.00 135.79
Status review meeting wi City staff
MOBERG, ROBERT L 0.50 135.79
Telephone conversations wi residents regarding wetland issues
STAFF ENGINEER
KUTZKE, ANTHONY J 1 .00 73.87
check pond pump and discharge to ditch
KUTZKE, ANTHONY J 0.50 73.87
curb replacement
KUTZKE, ANTHONY J 4.00 73.87
mark curb and sidewalk repair areas
TECHNICIAN
BL Y, GLEN R 1.50 69.81
French lake pouring curb
BL Y, GLEN R 2.00 69.81
from May 31/05, met with Jake on site regarding sidewalk and pond
BL Y, GLEN R 1.00 69.81
Kuechle removing curb for replacement
BL Y, GLEN R 2.00 69.81
Met with Kuechle underground on site
TUMBERG, DENNIS W 3.00 83.46
TUMBERG, DENNIS W 0.50 83.46
Preparing map for Albert Villas area.
ADMINISTRATIVE STAFF
Invoice No: 0132935
271.58
67.90
67.90
678.95
67.90
271.58
67.90
67.90
203.69
67.90
67.90
135.79
407.37
67.90
73.87
36.94
295.48
104.72
139.62
69.81
139.62
250.38
41.73
Page 2
Albertville, Minnesota
Albert Villas Development
Wetland-related Services (1/1/04 - 6/30/05)
SEH No. A-ALBEV0212.00
A-ALBEV0012 Albert Villas 2nd Addition
Amount Wetlands Work
$311.04
Paid
A-ALBEV0109 Albert Villas 3rd Addition Feb-05 127380 $1,128.76 $1,110.90
Jan-05 126444 $1,179.38 $1,161.52
Dec-04 125226 $3,405.14 $3,387.40
Nov-04 123809 $1,320.59 $1,302.85
Oct-04 122296 $3,211.20 $3,211.20
Sep-04 120841 $2,220.43 $1,956.14
Aug-04 119595 $898.42 $663.60
Jul-04 118392 $192.67
Jun-04 117532 $404.74
May-04 115826 $687.47
Apr-04 114505 $704.85 $704.85
Jan-04 110617 $502.27
Feb-05 127381
Jan-05 126445 $33.28
Nov-04 123810 $363.39
Sep-04 120842 $572.32
Aug-04 119594 $904.93 $706.72
Jul-04 118393 $272.90
Jun-04 117531 $678.25 $103.68
May-04 115825 $585.02 $99.11
Apr-04 114504 $132.14 $132.14
Mar-04 113063
Jan-04 110615
Mar-04 113060 $405.36
Apr-04 114500 $475.08
May-04 115824 $3,255.09 $1,042.53
Jun-04 117529 $1,340.53 $944.11
Jul-04 118400 $2,090.76 $1,978.62
Aug-04 119593 $218.32
Sep-04 120843 $2,212.92 $1,253.40
Oct -04 122297 $2,239.68 $2,192.43
Nov-04 123812 $3,306.53 $2,528.35
Dec-04 125227 $2,159.87 $1,546.29
Jan-05 126447 $180.64
Feb-05 127383 $123.87 $65.78
Mar-05 128892 $883.60
Apr-05 129971 $1,765.50 $610.76
May-05 131449 $4,272.64 $2,798.23
Jun-05 132935 $9,083.22 $7,693.44
C:\Documents and Settings\lkruse\Local Settings\Temporary Internet Files\OLK123\Summary (2)
*Also licensed in illinois
CDURl, MACARTHUR &
RUPPE, P.L.L.P.
Attorneys at Law
705 Central A venue East
PO Box 369
St. Michael, MN 55376-0369
(763) 497-1930
(763) 497-2599 (FAX)
courimacarthur@earthlink.net
David R. Wendoif
Kristen H. Carr
Alison K. Marwitz
Michael C. Couri*
Andrew J. MacAnhur
Roben T. Ruppe**
**Also licensed in California
July 14, 2005
r
J
r
Larry Kruse
City of Albertville
PO Box 9
5975 Main Avenue
Albertville, MN 55301
RE: Edina Development Billings
Dear Larry,
Please find enclosed billings and a summary for Edina Development Wetland. . The total
from February 1st, 2005 up to June 28th, 2005 is $7,062.50. Please contact me with any
questions you may have. Thank you.
Sincerely,
jhJJ {~
Michael C. Couri
Couri, MacArthur & Ruppe, P.L.L.P.
City of Albertville
February 1, 2005
Page 14 of25
EDINA DEVELOPMENT DEFAULT HOURS
12/1/04 --- Conference with Larry Kruse regarding Edina 0.25
Development amounts owed; telephone conference
with Charlotte Gablar regarding same.
EDINA DEVELOPMENT DEF AUL T
12/16/04 --- Telephone conference with Larry Kruse regarding 0.25
collection of Edina Development debt.
EDINA DEVELOPMENT DEFAULT
12/20/04 --- Attend regular Albertville City Council meeting to 0.25
discuss Edina Development collection issues.
EDINA DEVELOPMENT DEF AUL T
12/27/04 --- Review fax from Larry Kruse regarding response 0.50
to latest letter from Edina; review file.
EDINA DEVELOPMENT DEF AUL T
1/4/05
Prepare for Edina Realty meeting.
EDINA DEVELOPMENT DEF AUL T
0.25
1/5/05 Meet Edina Development personnel at City Hall to 3.25
discuss wetland issues and billing issues.
EDINA DEVELOPMENT DEF AUL T
Telephone conference with Pete Carlson regarding 0.25
Edina Development collection issues.
EDINA DEVELOPMENT DEF AUL T
1/10/05 --- Meet Larry Kruse, Pete Carlson, Mike Chezk and 1.00
Russ Bly regarding Edina Development billings.
EDINA DEVELOPMENT DEFAULT
TOTAL EDINA DEVELOPMENT DEF AUL T TIME: 06 HOURS 00 MINUTES
01 HOUR 15 MINUTES @ $ 120/HR = $ 150.00
04 HOURS 45 MINUTES @ $ 125/HR = $ 593.75
TOTAL NOW DUE AND OWING = $ 743.75
City of Albertville
March 1, 2005
Page 9 of 12
EDINA DEVELOPMENT DEF AUL T
2/5/05 Draft letter to Kyle Hegna of Edina Development
regarding amounts due.
EDINA DEVELOPMENT DEF AUL T
HOURS
0.50
2/14/05 --- Telephone conference with Pete Carlson regarding 0.25
Edina Development pond letter.
EDINA DEVELOPMENT DEF AUL T
2/21/05 --- Review spreadsheet from Tina regarding amounts 0.50
Edina Development owes and draft letter to Edina
Development attorney Kyle Hegna regarding same.
EDINA DEVELOPMENT DEFAULT
Review developer's agreements for litigation; 3.00
begin drafting memo.
EDINA DEVELOPMENT DEF AUL T
2/22/05 --- Work on developer's agreements report. 2.00
EDINA DEVELOPMENT DEF AUL T
2/23/05 --- Work on developer's agreements regarding default. 1.50
EDINA DEVELOPMENT DEF AUL T
Work on developer's agreements regarding 0.50
litigation.
EDINA DEVELOPMENT DEF AUL T
TOTAL EDINA DEVELOPMENT DEF AUL T TIME: 08 HOURS 15 MINUTES
08 HOURS 15 MINUTES @$125/HR= $ 1,031.25
TOTAL NOW DUE AND OWING = $ 1,031.25
~
City of Albertville
April 14, 2005
Page 12 of 21
EDINA DEVELOPMENT DEFAULT
3/1/05 Work on developer's agreement report.
EDINA DEVELOPMENT DEF AUL T
HOURS
1.00
3/2/05
Conference with staff regarding items not
completed in Albert Villas 6th developer's
agreement.
EDINA DEVELOPMENT DEF AUL T
0.25
Work on developer's agreement items not 5.75
performed for litigation; draft memo
regarding documents from Recorder.
EDINA DEVELOPMENT DEF AUL T
3/7/05 *** COST ADVANCED: CHECK NUMBER 6683 TO
WRIGHT COUNTY RECORDER FOR COPIES $37.00.
EDINA DEVELOPMENT DEF AUL T
3/9/05
Review wetland replacement order regarding
items not yet finished by Edina Development.
EDINA DEVELOPMENT DEF AUL T
0.25
Telephone conference with Bob Moberg regarding 0.25
Albert Villas unfinished items.
EDINA DEVELOPMENT DEF AUL T
Review documents from Wright County Recorder; 1.00
work on developer's agreement report.
EDINA DEVELOPMENT DEF AUL T
Review fax from engineer regarding punch list. 0.25
EDINA DEVELOPMENT DEF AUL T
3/10/05 --- Begin drafting default letter to developer. 1.00
EDINA DEVELOPMENT DEF AUL T
3/21/05 --- Telephone conference with Engineer regarding 1.50
questions on punch list; review material from
Engineer regarding litigation; review developer's
agreements; begin drafting notice of default.
EDINA DEVELOPMENT DEF AUL T
City of Albertville
April 14, 2005
Page 13 of21
3/22/05 --- Conference with staff regarding Edina defaults 0.25
and letter to be sent to same.
EDINA DEVELOPMENT DEFAULT
Telephone conference with Engineer; conference 4.50
with staff; draft notice of default.
EDINA DEVELOPMENT DEF AUL T
3/23/05 --- Review and revise default letter to Edina 0.50
Development.
EDINA DEVELOPMENT DEF AUL T
TOTAL EDINA DEVELOPMENT DEF AUL T TIME: 16 HOURS 30 MINUTES
16 HOURS 30 MINUTES @ $ 125/HR = $ 2,062.50
COSTS ADVANCED
= $ 37.00
TOTALNOWDUEANDOWING = $2,099.50
'to.- l
City of Albertville
May 27, 2005
Page 11 of30
HOURS
0.50
EDINA DEVELOPMENT DEFAULT
5/2/05 Attend regular Albertville City Council meeting
to discuss Albert Villas revised wetland mitigation
plan.
EDINA DEVELOPMENT DEF AUL T
5/4/05
5/5/05
5/6/05
5/9/05
Review letter from Kyle Hegna and conference
with staff regarding reply and revisions to the
complaint to be filed against Edina Realty.
EDINA DEVELOPMENT DEF AUL T
0.50
Review letter from Attorney for Edina; conference 0.50
with staff.
EDINA DEVELOPMENT DEF AUL T
Review letter from Edina regarding default letter; 1.75
review file; draft response letter to SEH regarding
Edina's claims requesting that SEH review for
accuracy and respond.
EDINA DEVELOPMENT DEF AUL T
Conference with staff regarding Edina response. 0.25
EDINA DEVELOPMENT DEF AUL T
Review report from SEH regarding wetland 2.00
restitution order; conference with staff; review
rules regarding City's obligations; research zoning
ordinance regarding 30-foot buffer.
EDINA DEVELOPMENT DEF AUL T
Attend TEP meeting; conference with staff. 4.50
EDINA DEVELOPMENT DEF AUL T
Review letter drafted by staff.
EDINA DEVELOPMENT DEF AUL T
0.25
Review materials from TEP meeting; check data 0.50
and PUD status of agreements regarding buffer
enforcement; review ordinance regarding buffers.
EDINA DEVELOPMENT DEFAULT
. ,
City of Albertville
May 27, 2005
Page 12 of 30
5/10/05 --- Draft letter to Edina Development regarding 0.75
permit request related to Edina's default; telephone
conference with Larry Kruse regarding City's
decision to not issue permits.
EDINA DEVELOPMENT DEF AUL T
Telephone conference with Kyle Hegna regarding 0.25
City's refusal to issue building permits due to
Developer default.
EDINA DEVELOPMENT DEF AUL T
5/10/05 --- Telephone conference with Derric DeuscWe 1.00
regarding wetland issues related to Edina Realty's
default and conference with staff regarding
conditions to be placed on new wetland
mitigation plan.
EDINA DEVELOPMENT DEF AUL T
Conference with staff regarding litigation issues. 0.50
EDINA DEVELOPMENT DEF AUL T
5/11/05 --- Telephone conference with Tori regarding 0.25
withholding building permits and revise letters
to contractors informing them that the building
permits will not be issued.
EDINA DEVELOPMENT DEF AUL T
Telephone conference with Bob Mahachik 0.25
regarding possibility of releasing building
permits for two or three lots.
EDINA DEVELOPMENT DEF AUL T
5/12/05 --- Review letter from attorney David Sjoberg 1.00
regarding denial of building permit; telephone
conference with Jon Sutherland regarding building
permit processing; draft letter to Sjoberg explaining
reason for building permit denial.
EDINA DEVELOPMENT DEF AUL T
City of Albertville
May 27, 2005
Page 13 of 30
Telephone conference with attorney David Sjoberg 0.50
regarding denial of building permits; telephone
conference with Tori of City regarding letters to
builders regarding denial of building permits and
reVIse same.
EDINA DEVELOPMENT DEF AUL T
5/16/05 --- Telephone conference with Stephanie Brown of 0.25
Rinke Noonan law fIrm regarding City's refusal to
issue building permits in Albert Villas 6th.
EDINA DEVELOPMENT DEF AUL T
5/16/05 --- Telephone conference with Larry Kruse regarding 0.25
building permit holds on Albert Villas 6th lots.
EDINA DEVELOPMENT DEF AUL T
Attend regular Albertville City Council meeting 0.25
to discuss issuance of building permits in
Albert Villas.
EDINA DEVELOPMENT DEF AUL T
Review materials from SEH regarding TEP letter 1.50
to Edina; conference with staff; draft changes to
TEP letter; send email to SEH.
EDINA DEVELOPMENT DEF AUL T
5/17/05 --- Telephone conference with Eric Miller of 0.25
Prudential Metro Wide Real Estate regarding
City withholding building permits on lot in Albert
Villas that out of town client has put money down on.
EDINA DEVELOPMENT DEF AUL T
5/18/05 --- Telephone conference with Chris from Northland 0.50
Builders regarding building permit issue; telephone
conference with Larry Kruse regarding same.
EDINA DEVELOPMENT DEF AUL T
5/19/05 --- Conference with staff; work on review of 1.00
complaint and litigation materials.
EDINA DEVELOPMENT DEF AUL T
. .
City of Albertville
May 27, 2005
Page 14 of 30
5/20/05 --- Review letter from Bob Moberg at SEH regarding 0.25
Edina Development failure to comply with developer's
agreement; compare; review complaint.
EDINA DEVELOPMENT DEF AUL T
5/23/05 --- Telephone conference with Ken Wasche, attorney 0.25
for builder regarding City's refusal to issue building
permit on Albert Villas 6th Addition lot.
EDINA DEVELOPMENT DEFAULT
5/23/05 --- Draft letter to Edina Development regarding 1.25
defaults; telephone conference with SEH regarding
response letter; telephone conference with
Albertville regarding ordinance violations (fiIVexcavate).
EDINA DEVELOPMENT DEF AUL T
5/24/05 --- Review ordinance received from City regarding 0.50
excavating (received only partial ordinance);
telephone conference with City to request entire
ordinance and permit ordinance; review ordinance
Chapter 1800 regarding fill/excavate.
EDINA DEVELOPMENT DEFAULT
Revise default response letter to Edina with 0.25
information.
EDINA DEVELOPMENT DEF AUL T
Check ordinances at City Hall for excavation/land 0.25
fill ordinance.
EDINA DEVELOPMENT DEF AUL T
TOTAL EDINA DEVELOPMENT DEF AUL T TIME: 22 HOURS 00 MINUTES
00 HOURS 00 MINUTES @ $ 125/HR = $ 2,750.00
TOTAL NOW DUE AND OWING = $2,750.00
.
.
,
,
Michael C. Couri-
Andrew J. MacArthur
Robert T. Ruppe--
COURl, MACARTHUR &
RUPPE, P.L.L.P.
Attorneys at Law
705 Central Avenue East
PO Box 369
St. Michael, MN 55376-0369
(763) 497-1930
(763) 497-2599 (FAX)
courimacarthur@earthlink.net
"Also licensed in illinois
""Also licensed in CaliforniJJ
June 28, 2005
City of Albertville
Larry Kruse, City Administrator
P.O. Box 9
Albertville, MN 55301
SUMMARY OF SERVICES RENDERED
GENERAL
ALBERT VILLAS 6
HUNTERS PASS
PRAIRIE RUN IMPROVEMENTS
TOWNE LAKES 3
SHOPPES AT PRAIRIE RUN
52ND STREET IMPROVEMENTS
OLD CASTLE GLASS
LABEUX STATION
PRAIRIE RUN-GOLD KEY
QUALITY TITLE
DARKENW ALD COMMERCIAL
P ARKSIDE COMMERCIAL LOT 2
EDINA WETLAND
WESTWIND 3RD ADDITION
LACHMAN AVENUE
SPACE ALIENS
ALBERTVILLE CROSSINGS 3
KOLLVILLE ESTATES 3
TOTAL NOW DUE AND OWING
I declare under penalty oflaw that this
account, claim and demand is just and
correct and that no part has been paid.
?J)dI (~
Michael C. Couri
David R. Wendorf
Kristen H. Carr
Alison K. Marwitz
$ 2,031.25
$ 62.50
$ 2,156.25
$ 62.50
$ 156.25
$ 451.75
$ 62.50
$ ~92.50
$ 812.50
$ 31.25
$ 312.50
$ 125.00
$ 906.25
$ 5,218.75
$ 93.75
$ 62.50
$ 31.25
$ 1,156.25
$ 281.25
$14,576.75
City of Albertville
June 28, 2005
Page 20 of 30
EDINA WETLAND
5/24/05 --- Review email from Engineer; review Edina's
response to conditions; conference with staff;
draft comments to Engineer regarding Edina's
response.
EDINA WETLAND
HOURS
2.00
5/27/05 --- Conference with staff regarding wetland 0.75
conditions to be imposed as part of new
wetl~nd mitigation plan.
EDINA WETLAND
6/1/05 Conference with staff and telephone conference 0.50
with Larry Kruse regarding information needed
for wetland mitigation plan prior to placing on the
Council agenda.
EDINA WETLAND
Review email from TEP and file.
EDINA WETLAND
0.50
Conference with Larry Kruse and staff regarding.' 0.50
TEP recommendations; review file regarding 60-day.
EDINA WETLAND
Conference with staff and telephone conference 0.50
with Larry Kruse regarding information needed
for wetland mitigation plan prior to placing on the
Council agenda.
EDINA WETLAND
6/2/05
Conference with staff regarding items needed for 0.50
wetland mitigation plan resolution to be considered
by the City Council.
EDINA WETLAND
Telephone conference with Larry Kruse and Bob 0.75
Moberg regarding wetland mitigation plan issues.
EDINA WETLAND
City of Albertville
June 28, 2005
Page 21 of30
6/4/05
6/6/05
6/6/05
6/7/05
6/8/05
Draft letter to Kyle Hegna regarding wetland 0.25
mitigation plan consideration by City Council.
EDINA WETLAND
Telephone conference with Deric Dauschle 0.25
regarding wetland as builts, confirming wetlands
throughout Edina's property and set meeting time.
EDINA WETLAND
Telephone conference with Kyle Hegna 0.25
regarding wetland mitigation plan.
EDINA WETLAND
Attend regular Albertville City Council meeting 0.25
to discuss Edina Development wetland status.
EDINA WETLAND
Attend staff meeting to discuss status of Edina 1.50
Development wetlands, opportunity for public
input into process, changes to recommendations
of TEP panel, and process for acting on wetland
mitigation plan.
EDINA WETLAND
Review wetland correspondence, materials and 1.00
developer's agreements in preparation for meeting
with Albertville staff.
EDINA WETLAND
Prepare additional conditions for approval of 0.50
wetland mitigation plan and conference with
staff regarding same.
EDINA WETLAND
Meet Larry Kruse, Deric Deuschle, Bob Moberg, 4.00
Dave Wendorf and Colleen from Wright County
regarding status of Albert Villas wetlands and
conditions to be imposed upon wetland mitigation.
EDINA WETLAND
City of Albertville
June 28, 2005
Page 22 of30
Attend staff meeting regarding wetlands. 4.00
EDINA WETLAND
6/9/05
Work on resolution and telephone conference
with Kyle Hegna regarding same.
EDINA WETLAND
0.50
6/9/05
Telephone conference with Bob Moberg regarding 0.25
missing easements which were staked by Rud.
EDINA WETLAND
Draft resolution and conditions of approval for 2.25
Edina Development's revised wetland mitigation
plan; revise letter to residents.
EDINA WETLAND
6/1 0/05 --- View selected properties in relation to wetland 2.25
easements, buffer zones and mitigation areas;
meet with property owners regarding same.
EDINA WETLAND
Revise letter to residents; revise wetland approval- 1.00
resolution.
EDINA WETLAND
Telephone conference with Deric Dauschle 1.00
regarding wetland fill and buffer issues.
EDINA WETLAND
Telephone conference with Patti Coley regarding 0.25
status of wetland mitigation plan approval.
EDINA WETLAND
Revise wetland mitigation approval; email to 0.50
Kyle Hegna.
EDINA WETLAND
Telephone conference with Bob Moberg regarding 0.25
wetland easement issues.
EDINA WETLAND
City of Albertville
June 28, 2005
Page 23 of 30
6/13/05 --- Telephone conference with Kyle Hegna regarding 1.25
meeting; telephone conference with Deric Deuschle
regarding enforcement issues and meeting; telephone
conference with Julie Olson of DNR regarding
enforcement; telephone conference with Ken Wasche,
attorney for landowner regarding approvals; telephone
conference with Larry Kruse.
EDINA WETLAND
6/14/05 --- Mee! with Kyle Hegna, Jake Lewandowski, Bob 5.25
Moberg, Deric Deuschle, and Larry Kruse regarding
terms of wetland mitigation approval; discuss change
requests from Edina Development and meeting with
residents.
EDINA WETLAND
6/15/05 --- Conference with staff regarding settlement 0.25
discussions.
EDINA WETLAND
6/16/05 --- Telephone conference with Bob Moberg regarding 0.25
restoration of wetlands on Skilling property. "
EDINA WETLAND
Telephone conference with Kyle Hegna regarding 0.75
terms of resolution approving wetland
mitigation alteration.
EDINA WETLAND
Revise agreement; conference with staff regarding 1.50
language to place in resolution; conference with Larry
Kruse regarding tentative agreement with Edina on the
resolution terms. .
EDINA WETLAND
Revise wetland mitigation resolution; proof 2.50
resolution against SEH documents; draft
wetland mitigation agreement.
EDINA WETLAND
City of Albertville
June 28, 2005
Page 24 of 30
6/20/05 --- Review WWTP permit conditions imposed by 0.25
the MPCA related to ability to waive non-conformity
with wetland buffer requirements.
EDINA WETLAND
Telephone conference with Larry Kruse and Don 0.75
Peterson regarding wetland resolution on City
Council agenda; telephone conference with Kyle
Hegna regarding Council meeting; prepare alternate
versi9n of resolution if Edina disputes current terms.
EDINA WETLAND
Telephone conference with Kyle Hegna regarding 0.25
wetland buffer zones.
EDINA WETLAND
Meet Don Peterson and Larry Kruse to discuss 0.75
Edina's wetland issues.
EDINA WETLAND
Attend regular Albertville City Council meeting 1.75
to discuss resolution approving Edina Development's
response to DNR wetland restoration order.
EDINA WETLAND
TOTAL EDINA WETLAND TIME: 41 HOURS 45 MINUTES
41 HOURS 45 MINUTES @ $ 125/HR = $ 5,218.75
_ _ TOTAL NOW DUE AND OWING = $ 5,218.75
,
't:.. .'0
AMENDED WETLAND MITIGATION AGREEMENT
'VHEREAS, Edina Development Corporation ("Edina") has platted
subdivisions in the City of Albertville ("City") known as Albert Villas, Albert Villas
Second Addition, Albert Villas Third Addition, Albert Villas Fourth Addition, Albert
Villas Sixth Addition (collectively, "Developments"); and
WHEREAS, Edina applied for and received approval of two wetland
mitigation plans as part of the Developments; and
WHEREAS, the Department of Natural Resources ("DNR") has issued an
order to Edina requiring Edina to comply with the wetland mitigation plans; and
WHEREAS, Edina has submitted a response to the DNR's order
("Response") in an attempt to remedy some of the deficiencies in its performance of
the approved wetland mitigation plans; and
WHEREAS, Edina and the City agree that Edina's Response to the DNR's
order shall be deemed an amended wetland mitigation plan ("Amended Mitigation
Plan"); and
WHEREAS, the City is considering approving the Amended Mitigation Plan
in a manner that would relieve Edina from meeting some very difficult wetland-
related obligations it is currently contractually bound to adhere to as set out in
various developer's agreements related to the Development, including such
requirements as establishing 30 foot wetland buffers over many of the properties in
the Developments; and
WHEREAS, without the consideration offered by Edina in this Agreement,
the City would not relieve Edina of the difficult wetland-related obligations referred
to above;
NO\V, THEREFORE, EDINA AND THE CITY AGREE AS
FOLLOWS:
1. In the event the City approves Edina's Amended Mitigation Plan in substantially
the form and content as shown on the attached Exhibit 1, as consideration for
such approval, Edina agrees to comply with all of the conditions of such approval
and also agrees to waive its right to appeal the approval of the Amended
Mitigation Plan as well as any of the conditions of approval shown on Exhibit 1
to the Minnesota Board of Water and Soil Resources, any Minnesota state court,
any federal court, or any other state or federal agency.
EJ: /.
DRAFT #2, June J 6, 2005
CITY OF ALBERTVILLE
COUNTY OF WRIGHT
STATE OF MINNESOTA
RESOLUTION NO. 2005-24
RESOLUTION APPROVING \VETLAND "MITIGATION PLAN
WHEREAS, Edina Development Corporation ("Edina") has platted subdivisions in the
City of Albertville ("City") known as Albert Villas, Albert Villas Second Addition, Albert
Villas Third Addition, Albert Villas Fourth Addition, Albert Villas Sixth Addition
(collectively, "Developments"); and
\VHEREAS, Edina has previously applied for and received approval of two wetland
mitigation plans related to the Developments; and
WHEREAS, said wetland mitigation plans permit Edina to fill certain wetlands provided
Edina establishes replacement wetlands in specific places, posts signs indicating where
wetlands and wetland buffers are located, record easements and covenants on the property
records covering the wetlands, and other specifically-enumerated actions as set out in the
wetland mitigation plans; and
WHEREAS, Edina has failed to comply with many components of the wetland mitigation
plans; and
WHEREAS, it now appears to be very difficult for Edina to fully comply with the wetland
mitigation plans; and
WHEREAS, the Department of Natural Resources ("DNR") has issued an order to Edina
requiring Edina to comply with the wetland mitigation plans; and
WHEREAS, Edina has submitted a response to the DNR's order ("Response") in an
attempt to remedy some of the deficiencies in its perfOlmance of the approved wetland
mitigation plans;
WHEREAS, Edina and the City agree that Edina's Response to the DNR's order shall be
deemed an amended wetland mitigation plan ("Amended Mitigation Plan");
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF ALBERTVILLE, WRIGHT COUNTY, MINNESOTA:
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A. The City Council makes the following fmdings of fact:
1. Edina has not created and maintained all wetland mitigation areas required by the
wetland mitigation plans.
2. Edina has not established wetland buffer zones required by at least one of the
wetland mitigation plans.
3. Edina has not posted wetland signs in locations required by at least one of the
wetland mitigation plans.
4. Edina has not recorded all of the wetland covenants required by the wetland
mitigation plans.
5. Edina has not provided the City with drainage and utility easements over all areas
containing wetlands and mitigated wetlands.
B. The Response (also referred to as "Amended Mitigation Plan") attached as Exhibit
A to this resolution is hereby approved, subject to the following conditions listed
below:
1. Edina shall pay all City costs incurred as a result of Edina's failure to comply with
the wetland mitigation plans, including all legal, planning, engineering, and
environmental consultant fees incurred by the City, as well as the value of the City
Administrator's time (at a rate of$50 per hour) devoted to the issues arising from
Edina's failure to comply with the wetland mitigation plans. The City shall send
invoices from the Consultants to Edina for review.
2. Edina shall provide the City with drainage and utility easements over the
following lots: Lot 8, Block I, Albert Villas Second Addition; Lots 4, 5 and 7,
Block 3 Albert Villas Sixth Addition, and that area labeled "Future 7th Addition
Concept" shown on the attached Exhibit B. All such easements shall be on a form
approved by the City Attorney, shall include all wetlands and wetland mitigation
areas on said lots, and Edina shall provide proof of good title for all easements,
including subordinations of all existing mortgages and release of all liens on the
properties. Edina shall provide written permission from the property owners of
Lots 3 and 4 of Block 1, Albert Villas 6th Addition authorizing the establishment
of wetlands consistent with the mitigation area shown on the Amended Mitigation
Plan. For all properties owned by Edina upon which Edina has or is required to
establish mitigated wetlands, Edina shall record a Declaration of Restrictions and
Covenants employing substantially the same form as shown on the attached
Exhibit C. Edina shall provide proof Edina has good title to such property
immediately prior to such recording, including proof that no mortgages or liens
46
take precedence over such Decla'ration of Restrictions and Covenants.
3. Edina shall mail a notice to all owners of properties on which no covenants and
restrictions have been recorded related to wetlands. The notice shall be approved
by the City Administrator and shall conform to the wetland-related notices
required of Edina with the original plat approval.
4. Edina shall provide the City with a letter of credit approved by the City Attorney
in the amount of $114,600 reflecting cost estimates of $50,000 for Edina to restore
unauthorized wetland filling as required by paragraph B .11. of this resolution;
$50,000 as the estimated cost of constructing the mitigation wetlands required by
the Amended Mitigation Plan; and $14,600 as the estimated cost of monitoring the
mitigated wetlands for a period of five years. The letter of credit shall be
unconditional except that the City may only draw on the letter of credit upon
presentation of a written statement to the issuing authority by the City detailing
Edina's failure to comply with the terms of this resolution and presentation of the
City's statement as to the amount of money needed to effect such compliance.
The form of the letter of credit and issuing bank must meet the approval of the
City Attorney. As Edina performs the wetland restoration work required by
paragraph B.ll. of this resolution in a manner acceptable to the City and DNR, the
City shall, at Edina's request, reduce that portion of the letter of credit attributable
to such restoration, provided that the amount of the remaining portion of the letter
of credit attributable to such restoration shall not be less than the cost estimate of
such restoration remaining to be completed pursuant to this Agreement.
5. On all lots in the Development currently owned by Edina, Edina shall record the
wetland-related restrictions required with the City's initial approval of the
respective Developments.
6. Edina shall provide the City with a list of all property owners who were given
wetland-related informational materials which the City in its initial approval of the
respective Developments required to be given to purchasers of the lots within the
Developments.
7. Edina shall install wetland marker signs of a type and in such locations on
easement areas within the Developments as required by City staff. For all lots
upon which no building permit has been issued as of May 6, 2005, said signs shall
be placed at the leading edge of the 30- foot wetland buffer area required by City
Ordinance.
8. The City of Albertville shall be provided a ghost plat of "Phase T' (the property
adjacent to Albert Villas 6th Addition which is owned by Edina and is to be used
for constructing mitigated wetlands) so it can be determined that the anticipated
land uses and layouts will be acceptable with the proposed mitigation areas. This
ghost plat shall be submitted prior to the establishment of mitigated wetlands on
such property.
9. Edina shall obtain the written consent from the owners of Lots 3 and 4, Block 1 of
Albert Villa's 6th Addition sufficient to permit the recording of the Declaration of
Restrictions and Covenants attached as Exhibit C over said Lots and sufficient to
47
:t~o!J: ~$..~~ ~1<. 'A
# JJk~~~/EL~a. ~~ ,e..Iii:(I~
permit t~establishmenl of wetland mitig,iton e s 0 er saId ols. ~na shall ?::::J:
be respon~~'ble for recording said covenants and providing proof of good title for ~~
such .cov~... ants, including subordination of any existing $o:!gjges ~d release"pf /' ~jr;,
any IIens:<; ?}if (i ~'/lhl ~ ~e;.e ~
10. Unless a different date is specifi 11 et ou n this Agreement for any particular ~~ ~
paragraph., All wetland creation resto tion work to be performed by Edina d~
shall be completed by August , 2005. 11 other work required of Edina under )t ~
this Agreement must proceed in an uninterrupted and expeditious manner.
11. Edina shall restore all wetlands that have been filled without proper authorization
as of the date of this resolution in the Developments where such filled wetlands: 1)
are within City drainage and utility easements; and 2) were not posted with
wetland boundary marker signs prior to the unauthorized filling; and 3) are located
on the lots listed on the attached Exhibit D. Edina shall coordinate all restoration
actions with City staff and the landowners on whose properties the filled wetlands
are located. Edina shall not be required to restore wetlands on properties which the
City finds the property owner has failed to sufficiently cooperate with the City to
restore the wetlands in a timely and acceptable manner. Edina shall pay the costs
incurred by the City in facilitating the restoration of these wetlands, including all
environmental, engineering and legal consulting costs. The City shall send
invoices from the Consultants to Edina for review. All such restoration work shall
be performed by Edina by September 15, 2005, unless a later date is specified by
the City. In restoring such wetlands, Edina shall not remove, damage or destroy
trees, bushes or shrubs planted by the property owners if the planting of such items
are not deemed fill under the Wetland Conservation Act and the removal of such
items are not required to restore the wetlands.
12. Edina shall pay all engineering, environmental and legal consulting costs incurred
by the City in monitoring the mitigated wetlands for the period required by state
law. The City shall send invoices from the Consultants to Edina for review.
13. In the event one or more property owners of Lots 1-6, Block 6, Albert Villas Third
Addition apply for the relocation of the wetlands on these lots from the wetlands'
current location to another location on these lots and such petition is approved on a
l-to-l replacement basis, Edina shall relocate and re-establish said wetlands on the
lots receiving approval under the Wetland Conservation Act, provided the
property owners receiving such approval grant Edina access to one or more of the
lots to perform the work. All such work shall be done at Edina's expense, but
Edina shall not be responsible for costs associated with said application. Edina's
obligation to perform the work required in this paragraph shall expire for any lot
not receiving such approval by December 31,2005.
14. Edina Development shall provide the City a survey of the mitigation sites for
Albert Villas Phases 1-6 which identifies the location of those sites in relation to
existing easements of the City including, but not limited to, wetland mitigation,
drainage and utility easements. The purpose of this condition is to allow the City
to identify which mitigation sites are currently within City controlled easements
48
and which are located on private property.
15. Mitigation areas 1 m though 4m shall surveyed in their current state to accurately
identify the proposed construction limits. The wetland delineation, as identified
prior to construction, shall also be staked in the field. These surveys will be
evaluated by the LGU and/or TEP panel members to determine if corrective action
has been completed as proposed. Previous surveys shall be abandoned.
16. As-built plans shall be provided on mitigation areas I m through 4m. As-built
drawings shall also be provided for all wetland mitigation on Phases 3,4, and 6.
Miti atio deficiencies in Phases 3,4, and 6 if present, must also be
compensated for either with corrective action or replacement at 4: I
17. Following construction, any areas determined to be deficient, either due to
inadequate construction or inability to gain access to complete construction, will
be included in the mitigation plan to be replaced at a 4:1 replacement ratio. This
specifically referenced to the east side of mitigation 2m, but may apply to
additional areas.
18. The additional wetland impact located between areas 7f and 8f shall be replaced
4: 1 rather than the proposed 2: 1.
19. Mitigation areas 1 m through 4m shall be re-seeded with a wetland seed mixture
and will be disk anchored with clean straw. The tag (list of species and quantities
provided from the vendor) from the wetland seed mixture used in the mitigation
areas must be provided to the City of Albertville.
20. The area between mitigation areas 3m and 4m must also be re-seeded and re-
graded if the survey referenced in Item 1 identifies this area as being filled
wetland. This area can also be mitigated off-site at a 4: 1 ratio if restoration cannot
be completed.
21. Mitigation site 3m shall have the sod removed from the bottom of the open water.
The removed material must be removed from the property and disposed of
properly. Any exposed bare ground will be seeded and mulched as per Item {#.- I {
22. Damage to private property resulting from corrective action shall be restored
immediately following construction activities. This may include but not limited
to, replacement of sod damaged by construction vehicles.
23. Required signage shall be of a size and dimension and contain information as
approved by the City. A plan sheet identifying the proposed placement locations
must also be submitted for approval by the City prior to installation.
24. Edina Development Corporation shall be responsible for obtaining any necessary
permanent or temporary easements and/or rights-of-entry on private property for
the purpose of accessing, repairing, and maintaining mitigation sites and for sign
placement. All such easements and rights-of-entry are subject to approval by the
City Attorney and City Engineer.
25. Monitoring for all mitigation areas within all Phases of Albert Villas shall be reset
to year one status. Monitoring reports shall be submitted by August 15 of each
year, starting in 2005, to allow for field verification within the growing season.
26. Edina Development must prepare education materials that describe the benefits of
49
wetlands and buffers, and identifies the land uses allowed, or not allowed in these
areas. These materials must be provided to all residences within the
Developments and shall include figures that identify the wetlands present in all
phases of the Developments. These materials must meet the approval of the City
Administrator. Examples of similar materials may be obtained from the Board of
Water and Soil Resources.
27. The large earthen mounds currently located in the vicinity of the new mitigation
areas in "Phase 7" must be removed.
28. Edina Development shall notify the City and its wetland consultants prior to any
activity that will require a field review and/or visual inspection. This will
minimize resident impacts, and will allow for prompt approval or identify
additional corrective actions.
29. Edina Development is responsible for obtaining permission to enter private
property to perform corrective actions, and must obtain this pennission in writing.
These permissions shall also include access rights for the City of Albertville, their
representatives, and regulatory personnel related to this project. Permission to
access property to perform corrective work related to compliance with the
Wetland Conservation Act shall be granted in perpetuity. Verbal approvals are
vague, unreliable, and shall not be accepted.
30. Initiation of corrective action by Edina Development prior to approval of this
permit application is at their risk. Placement of signage, restoration or corrective
action, or creation of mitigation areas does not constitute approval.
31. Any violations or unwillingness to comply with this permit, or any of the attached
conditions, will be considered a violation of the Restoration Order and a violation
of the Amended Mitigation Plan and will be enforced with legal action and will be
grounds for the suspension of the issuance of building pennits pursuant to the
developer's agreements applicable to the Developments.
C. Edina shall fully perform conditions B.I. through B.9. of this Resolution before the
Amended Mitigation Plan shall be deemed to be effective for purposes of curing
Edina's failure to comply with the wetland mitigation plans. For purposes of curing
Edina's current defaults under all of the Developer's Agreements for the
Developments, no wetland-related defaults shall be deemed cured until Edina
complies with conditions 8.1 through B.9 of this Resolution.
D. The approval contained in this Resolution incorporates the following documents:
1. Restoration order issued by the Minnesota Department of Natural
Resources dated February 23, 2005.
2. The Amended Mitigation Plan submitted by Edina.
50