2005-11-29 City of Albertville; Priairie Run; Gold Key Development , COURI, MACARTHUR & I�
. RUPPE, P.L.L.P.
Michael C. Couri� Arrorneys at La,,� David R. Wendorf
Andrew J. MacArthur 70.i Central Avenate East Kristen H. Carr
Robert T. Ruppe�� Po Box 369 Alison K. Marwitz
St. Michael, MN 55376-0369
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November 29, 2005
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 several recent rainfall events, it has been discovered that the grading plan for
the Prairie Run plat does not account for the 100-year flood elevation (calculated at 951.5
by Wright County) of an existing box culvert where County Ditch No. 9 passes under
Jason Avenue. The location of the box culvert is in the southwest corner of the
development and County Ditch No. 9 is the outlet for storm water runoff from the site.
City Staff is of the opinion that this discrepancy occurred as a result of an error in
Hedlund's calculations. You may want to verify this with Hedlund.
Using the 100-year flood elevation calculated by Wright County, we have
determined there are a number of lots in the Prairie Run development that do not comply
with City ordinances requiring that the lowest opening elevation of a building be at least
2 feet above the 100-year flood elevation (Ciry Code 11-7-SG). The lots that do not
comply are Lots 5-28 and Lots 33-34 of Block 2. Of the lots identified, Lots 7, 14-16, 18-
20, 22, 26, 27 and 28 of Block 2 have houses which either are finished or are under
construction.
The failure to comply with City ordinance is a violation of paragraph 13.F. of the
Developer's Agreement for this plat dated July 16, 2004 between Gold Key
Development, Inc. and the City of Albertville. Paragraph 13.F. states as follows:
F. 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
Go1d Key Development, Inc
, November 29, 2005
Page 2 of 3
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 �I
there is compliance.
Accordingly, the City is hereby declaring Gold Key Development, Inc. in default
of paragraph 13.F. of the Developer's Agreement.
The City is requesting resolution of the following issues:
l. For all lots that are currently vacant and that do not comply with the ordinance, a
revised grading plan must be prepared by the developer and submitted for City review
and approval. The City will not issue any new building permits until this condition is
met.
2. For all non-complying lots where a building permit has been issued but a certificate of
occupancy has not been issued, the developer shall submit a mitigation plan to bring
the buildings into compliance with the City ordinance.
3. For all non-complying lots where a certificate of occupancy has been issued, the
developer shall submit a mitigation plan to bring the buildings into compliance with
the City ordinance.
Albertville's Staff has discussed the possibility that Wright County's 100 year flood
elevation may be a very conservative elevation considering it did not include any storm
water ponding or reflect the City's requirement to restrict post-development run-off rates
to 50% of pre-development run-off rates in the County Ditch 9 watershed west of Wright
County Highway No. 19. However, until a study is done to determine whether this
� elevation is correct, the City accepts this elevation as the correct elevation. City Staff
recommends that you consider having a study performed under which the City Engineer
would verify the County's 100 year flood elevation or determine a new 100 year flood
elevation for this area. A preliminary estimate for this study is $7,500 (this would be
done in conjunction with a larger drainage study of an adjacent area currently underway).
If you are interested in pursuing this option, the City would require that you deposit the
$7,500 with the City along with a letter stating that you want the City to use the $7,500 to
conduct the study.
City Staff has slotted time on Thursday, December l, 2005 (preferably at 1 p.m.) to
meet with you to discuss these issues. Please confirm as soon as possible that you can
attend this meeting. City Staff would appreciate it if someone from Hedlund Engineering
were also present.
Gold Key Development, Inc
, November 29, 2005
Page 3 of 3
Finally, the City reserves the right to issue a stop work order on the homes currently
under construction as the City has concerns that these homes cannot be issued occupancy
permits if constructed as proposed. However, the City would like to discuss this situation
with you on Thursday, if possible, prior to issuing those stop work orders.
Sincerely,
Michael C. Couri
Couri, MacArthur & Ruppe, P.L.L.P.
Dan Biersdorf, Attorney ,