2005-02-07 Engineers Billing review
"Also licensed in minois
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
Michael C. Couri*
Andrew J. MacArthur
Robert T. Ruppe**
David R. Wendorf
Kristen H. Carr
""Also licensed ill California
February 7,2005
Mr. Kyle Hegna
Wilkerson & Hegna, P .L.L.P.
One Corporate Center III, Suite 300
7300 Metro Boulevard
Edina, MN 55439-2302
Re: City of Albertville; Defaults of Edina Development Corporation.
Dear Mr. Hegna:
The Staff at the City of Albertville have reviewed the engineer's billing records
that have been previously provided to you and have interviewed SEH's personnel who
were on the job during the development of the various Albert Villas plats. Upon review
of these records, City Staff believes that the Engineer's billing documentation is both
detailed and consistent with the billings from SEH to the City.
Given the quality of the engineering documentation, City Staff believes that Edina
Development's offer to pay approximately 65% of the total expenses incurred by the City
in processing Edina Development's plats to be far short of what would be an acceptable
amount to the City. The City Council has previously made it very clear to City Staff that
it expects Edina Development to pay all amounts owed, and has authorized legal action to
ensure collection of all amounts due.
Our office is currently in the process of preparing the necessary paperwork for a
court action on this matter. City Staff s remains open to recommending to the City
Council that the City accept 90% of the amount due from Edina Development in
complete satisfaction of the expenses incurred to date by the City as a result of processing
Edina Development's plats. Under such an agreement, future costs incurred would be
reimbursed in full as such costs are incurred.
I would appreciate it if you would once again discuss a settlement on this basis
with your client. If this is not acceptable to your client, I expect the City to proceed to
serve and file a complaint seeking collection of 100% of the City's costs incurred in