2006-12-1 City of Albertville; Prairie Run; Gold Key Development E�,:�:�y�.'�`. �j.l�.
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�1b�,rtV�11�, 5975 Main Avenue N.E. • P.O. Box 9 • Albertville, MN 55301 • (763) 497-3384 • Fax: (763)497-3210
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December 1, 2006
Gold Key Development, Inc.
Attention: Dean R. Johnson
4700 County Road 19
Medina, MN 55357
Re: City of Albertville; Prairie Run; Gold Key Development.
Dear Mr. Johnson:
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 13.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, I
county, state and federal laws and regulations, including but riot '�,
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.
1
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 OS/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, 1 l, 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 OS/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 10009(d) in that the lowest floor as shown on the grading plan
dated OS/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 OS/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 Stud , for the followin lots:
Y g
Lots Not Built Upon= 8, 9, 10, 1 l, 12 and 13, all of Block 2.
Accordingly, the City is hereby declaring Gold Key Development, Inc. in
default of paragraph 13.F. of the Developer's Agreement based on the ordinance
violations noted above.
While the City has not thoroughly studied how these various ordinance
violations may be remedied, City Staff is concerned that the only way to bring the
development into compliance with Subdivision Ordinance Sections A-
600.13(c)(1) and A-700.6 cited above may be to raise the entire plat, including
ponds, streets and lot elevations.
In light of these violations and their impact on the entire residential portion
of the Prairie Run plat, the City will no longer be issuing building permits for any
residential lots ,in the Prairie Run plat pursuant to the authority of paragraph 13.F.
of the Developer's Agreement until a solution to these violations has been
identified, approved by the City Council and implemented by the Developer.
Please forward any proposed solution to the City Engineer for his review.
Sincerely,
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Larry . Kruse
City administrator
Cc: City Attorney Michael Couri
City Engineer Adam Nafstad
Building Official Jon Sutherland