1998-03-12 Response to County BoardLAND DEVELOPMENT COMPANY
March 12, 1998
County Commissioners
c\o Mr. Brian J. Asleson, Asst. County ACtorney
10 2nd Street NW
Room 1.50
Buffalo. MN 55313
RE: Response to County Board regarding original request to complete t/te Cedar Creek Soutlt
and Center Oaks Subdivisions t/trough County Highways ll9
Dear County Commissioners:
Pilot Land Development Company has clarified all points of discussion with added data under
separate correspondence direct from our Engineers Meyer Roblin, ITT Soils engineers, letters
from the DNR, and our corporate land use attorney, Ernie Peake. He has been in contact with
Mr. Deter in St. Cloud and their response to the current stalemate on your authorizing us to
proceed will be covered by their letter. We are requesting a place on your next agenda.
In sutnntary we Dave requested the following
1. Minor alignment shifts in Ditch 9 on our property to increase water quality volume storage
and wetland mitigation for the Center Oaks subdivision which has WSWCD approval;
Placement of a culvert under the approved City minor collector road named Karston Avenue
on our plats for Ceuter Oaks and Cedar Creek South. Albertville has executed agreements
with the. County regarding perpetual maintenance of this culvert;
3. Maintenance action on the balance of Ditch 9 north of Highway 1 18 to restore the ditch
bottom to the County authorized 1921 plans. It was our persistent research that resolved this
cleanout which could technically expire in 1999;
~4. Discharge to the ditch from our water quality ponds and wetlands following the same
historical points of entry as existing lateral ditches rather than no treatment.
Project benefits within Center Oaks and Cedar Creek plats were:
1. Minimizing runoff to 1/2 the current rate:
2. Adding over 6 acres of large water quality pond and wetland systems, and;
3. Minimizing the overall quantity of impervious surfaces through the use of innovative
planning for housing and a golf course within the Planned Developments.
We have offered to clean Ditch 9 front Highway /l9 to Highway ll8 as a second request, as a
means of moving beyond talk in a room full of consultants to action which benefits our farming
neighbors and future residents of Albertville. This offer is not linked to the start or completion
land dev/ ditch9- Ldoc/Albertville
13736 Johnson Street NE • Ham Lake, MN 55304 757-9816 Fax: 757-4094
of our golf course project or housing subdivisions, but improves the ability of the County Ditch 9
drainage system to do what it is supposed to do. This is responsible development. as cited in the
DNR letter of January 16. With the current approval delays it is now obvious that the ability for
some cleanout to occur has been significantly affected for the early part of 1998. When frost
returns in November, we will be in a position to act responsibly. Please don't presume this gives
us a chance to delay any longer.
Continued delay will force us to request the County use the formal assessment process which is
costly, cumbersome, and pointless. There is currently more than enough signed letters in the
possession of the County Attorney allowing for and requesting work to be done to satisfy the
"petition requirements" of ditch law. .
In closing, the ditch committee meeting of December 3 had all abutting landowners present. All
abutting landowners have requested the County to clean the ditch and do something meaningful
to benefit their property. Only one person north of County Road 119 abutting the ditch has failed
to sign an access for cleaning letter which we furnished to them and Mr. Asleson. This resident
refused to sign the attached letter, but did not object to the verbal question when asked at the
meeting of December 3. We believe that this meeting functioned as a public hearing, with
notice, agenda and appropriate disclosure and that the action of no verbal objection when asked
can be deemed consent.
We seek your placement of our request on your next agenda calendars as the two separate actions
which they are. We look forward to your votes to approve which will allow us to work with our
neighbors and the staff of Albertville, the watershed and St. Michael to get this work done in as
timely a fashion as weather permits to the benefit of hundreds of current or future residents.
Sincerely,
Donald Jense ,Land Development Director
Atta~_hment: Bening Letter cf February 5, 1998
CC: Judy Rose, District County Commissioner
Mike Couri. Albertville Counsel
Linda Houghton, Albertville Clerk
Mark Olson, AV Ma_vor
Scott Dahlke, Meyer Rohlin
Kerry Saxton - WSWCD
Kent Roessler, Center Oaks LLP
Ernie Peake, Counsel to Pilot
Bob Derus. St. Michael Administrator
Mayor Packa - St. Michael
Pete Carlson - SEH
Jett Roos, MFRA
landdev/ ditch9- Ldoc/Albertville