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2005-11-29 County Ditch No. 9 100 yr flood .Also licensed in illinois COURI, 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 lt~ "Oh IJI . ~'.lp: 't'::! .. ~. -", :/) "'>;,. l' David R. Wendorf .'" il}lll) Kristen H. Carr v Alison K. Jl'lanvitz Michael C. Couri. Andrew J. MacArthur Robert T. Ruppe.. .. Also licensed in California 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 1 DO-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 comer 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 1 DO-year flood elevation calculated by Wright County, we have determined there are a number oflots 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 1 DO-year flood elevation (City Code 11-7-5G). The lots that do not comply are Lots 5-28 and Lots 33-34 of Block 2. Ofthe 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 Gold Key Development, Inc November 29,2005 Page 2 of3 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. 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: 1. 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 Staffhas 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 1,2005 (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 of3 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. Dan Biersdorf, Attorney .S. .ineerelY':i C\ .)} /7" J1z~~ ( ~ 1\1ichael c. Couri Couri, MacArthur & Ruppe, P.L.L.P.