2006-12-28 Albertville's Supplemental Answers
STATE OF MINNESOTA
DISTRICT COURT
COUNTY OF WRIGHT
TENTH JUDICIAL DISTRICT
CASE TYPE: Declaratory Judgment/Breach of Contract
Gold Key Development, Inc.,
a Minnesota corporation,
Court File No. 86-CV-06-2998
Plaintiff,
vs.
City of Albertville,
Defendant/Third Party Plaintiff,
vs.
Short Elliott Hendrickson, Inc.,
Third Party Defendant.
TIC Homes, Inc., a Minnesota corporation,
Court File No. 86-CV-06-4997
Plaintiff,
vs.
Gold Key Development, Inc., a Minnesota corporation,
Defendant, Third Party Plaintiff,
vs.
Hedlund Engineering,
Third Party Defendant,
and
City of Albertville,
Defendant/Third Party Plaintiff,
vs.
Short Elliott Hendrickson, Inc.,
Third Party Defendant.
CITY OF ALBERTVILLE'S SUPPLEMENTAL
ANSWERS TO GOLD KEY'S INTERROGATORIES
TO: PLAINTIFF, ABOVE-NAMED AND ITS ATTORNEY, CINDI S. MATT, JOHNSON,
LARSON, PETERSON & MATT, P.A., 908 COMMERCIAL DRIVE, BUFFALO,
MINNESOTA 55313,
Defendant, for its Supplemental Answers to Plaintiffs Interrogatories, states as follows:
4. Identify specifically each and every basis for your claim Developer is in default of
the Development Agreement.
SUPPLEMENTAL ANSWER:
After further analysis of the data available to the Albertville City Engineer, including
photographs of the flooding which occurred in the areas near the Prairie Run development in
July, 2003, the Albertville City Engineer's office has arrived at revised figures for the 100-year
flood elevation and the highest known water elevation for the Prairie Run plat. They are as
follows:
100-year flood elevation: 949.9 feet above sea level.
Highest known water elevation: 951.47 feet above sea level.
Paragraph l3.F. of the City Of Albertville Planned Unit Development Agreement Prairie Run
between the City of Albertville and Gold Key Development, Inc., dated July 16, 2004
("Developer's Agreement") states:
Developer represents to the City that Said Plat complies with all City, county, state
and federal laws and regulations, including but not limited to: subdivision
ordinances, zoning ordinances, and environmental regulations. Developer agrees to
obtain all required federal, state and local permits. If the City determines that Said
Plat does not comply, the City may, at its option, refuse to allow construction or
development work in the plat until Developer so complies. Upon the City's demand,
the Developer shall cease work until there is compliance.
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Developer has violated the following City's subdivision ordinances in the following ways (the
cites below are to the ordinances as they were in effect at the time of final plat approval):
. Section A-600.4(g) in that the lowest proposed opening (window or door) as shown on
the grading plan dated 05/15/04 or as constructed on the following lots is less than two
feet above the highest known water level (951.47) for these lots: Lots Not Built Upon =
8,9, 10, 11, 17,21,23 and 24, all of Block 2.
Lots Built Upon = 7, 14, 15, 16, 18 and 19, all of Block 2.
. Section A-600.13(c)(1) in that the post development 100-year storm peak discharge
runoff rate exceeds the pre-development 100-year storm peak discharge runoff rate.
. Section A-700.6 in that the surface and underground drainage systems on the plat do not
adequately remove all natural drainage that accumulates on the developed property, nor
do they provide a permanent solution for the removal of drainage water.
. Section A-700.6 in that the plat discharges at more than one-half of the pre-development
rate of runoff.
Developer has violated the City's zoning ordinances in the following ways (the cites below are to
the ordinances as they were in effect at the time of final plat approval):
. Section 1000.9(d) in that the lowest floor as shown on the grading plan dated 05/15/04 or
as constructed is less than two feet above the highest known surface water level (951.47)
for adjacent ponds or wetlands for the following lots:
Lots Not Built Upon = 8, 9, 10, 11, 12, 13, 17 and 24, all of Block 2.
Lot Built Upon = 7, 14, 15, 16, 18 and 19 of Block 2.
. Section 1000.9(d) in that the lowest floor as shown on the grading plan dated 05/15/04 or
as constructed is less than one foot above the 100-year flood level of 949.9, as
determined by the 2006 County Ditch No.9 Flood Study, for adjacent ponds or wetlands
for the following lots:
Lots Not Built Upon = 8, 9, 10, 11, 12 and 13, all of Block 2.
Lots Built Upon = 7 of Block 2.
. Section 5000.4 (a) in that the lowest floor as shown on the grading plan dated 05/15/04 or
as constructed is less than three feet above the 100-year flood elevation of 949.9, as
determined by the 2006 County Ditch No.9 Flood Study, for the following lots:
Lots Not Built Upon = 8,9, 10, 11, 12 and 13, all of Block 2.
CITY OF ALBERTVILLE
BY~~
Subscrig,ed and s~to ~ me
this ~ day of € . , 2006.
~~~
Notary Public
.
BRIDGET MARIE MlllERI
NOTARY PUBLIC ,MINNESOTA
My COmtllissiQn bpnes Jan 31. 2008 ... .
.
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Dated:
IVERSON REUVERS
By
Paul D. Reuvers, #217700
Jason J. Kuboushek, #304037
Attorneys for Defendant
9321 Ensign Avenue South
Bloomington, MN 55438
(952) 548-7200
Michael Couri
Attorney for Defendant
Couri & MacArthur Law Office
705 Central Avenue E.
P.O. Box 369
St. Michael, MN 55376
763-497-1930
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