2007-09-14 Barr Engineering Final ReportI IVERSON REUVERS
ATTORNEYS AT LAW
JASON J. KUBOUSHEK
DIRECT 952.548.7206
iKUBOUSHEK@IV ERSONLAW.COM
September 14, 2007
Larry Kruse, City Administrator
CITY OF ALBERTVILLE
5959 Main Avenue NE
P.O. BOX 9
Albertville, MN 55301
RE: City of Albertville vs. SEH
Our File No. 800.520
Dear Mr. Kruse:
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.~ . ~ ~,
Since our last report, we have received a final report from Barr Engineering.
have enclosed a copy for your file. As you can see, Barr Engineering has
concluded there were many errors and oversights made by the Albert Villas
developer's engineer as well as SEH. With respect to SEH, Barr Engineering
indicated they believe SEH did not:
(1) Perform the basic due diligence necessary to adequately review the
. submittal information provided for the development;
(2) Recognize the complex drainage system that passes through the
development and determine how that system could impact
hydraulics and flood levels in the development and inform the
developer's engineer of this matter;
(3) Recognize the importance of coordinating flows from the City of
St. Michael with St. Michael as they could impact the Albert Villas
development;
(4) Inform the City of Albertville of the importance of developing a
long-range comprehensive surface water management plan for the
Wright County Ditch 9 Watershed because of the impending
planned development of Albert Villas;
(5) Recommend the Cities of Albertville and St. Michael exercise key
components of their 2002 cooperative agreement for developing a
Wright County Ditch 9 surface water management plan; and
JON K. IVERSON
PAUL D. REUVERS
JEFF M. ZALASKY
JASON J. KUBOUSHEK
PAMELA J.F. WHITMORE
JASON M. HIVELEY
SUSAN M. TINDAL
JEFFREY A. EGGE
AMBER $. LEE
JVERSON REUVERS, LLC 19321 ENSIGN .AVENUF, SOUTH. I BLOOMINGTON, MN 55438 ~ 952.548.7200 ~ FAx: 952.548.7210 ~ WW W.IVERSONLAW.COM
September 14, 2007
Page 2
(6) Work to develop interim measures for flood control and
establishing low floor elevations in the Albert Villas development
until a Wright County Ditch 9 surface water management plan
could be prepared.
If this due diligence had been performed, it is Barr Engineering's opinion "much
if not all of the flooding problems that occurred in 2003 and more recently could
have been circumvented."
We have served SEH with Barr Engineering's expert report. We are also in the
process of attempting to schedule a meeting with SEH to discuss possible
settlement of the case. I will report back once we have a date for the meeting.
As always, we will keep you advised of any new developments. Please do not
hesitate to.contact Paul or myself with any questions, comments or direction.
Yours truly,
IVERSON REUVERS
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Jason J. Kuboushek
JJK:bh
Enclosure
cc: Mike Couri, City Attorney (without enclosure)