1996-06-26 Kolles Draft Ltr
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William S. Radzwill
Andrew J. MacArlhur
Michael C. Couri
RADZWIU & COURI
Attorneys at Law
705 Central Avenue East
PO Box 369
St. Michael, MN 55376
(612) 497-1930
(612) 497-2599 (FAX)
June 26, 1996
Mr. Dan Frie
Wright Sherbourne Realty
Box 646
Monticello, MN 55362
Re: city of Albertville; Little Mountain Development.
Dear Dan:
As we discussed last week, please find enclosed a draft of an
agreement that the city would like Sylvester Kolles to sign
relating to how the remainder of his property will develop in the
future. This agreement has not been approved by the City council
as of yet, but is on the city's July 1, 1996 agenda for
consideration.
As has been discussed previously, the 10 acre parcel your
group purchased was not properly subdivided under the city's
subdivision ordinance. Had Mr. Kolles followed the proper
procedures in subdividing this property, he would have had to plat
this property. In doing so, he would have had to address the
infrastructure issues raised by City Staff when your plat
application came through.
I would suggest the following procedure in regard to moving
forward with your plat:
1. Have Mr. Kolles prepare a concept plan detailing how his
property will be developed in the future. It should be noted
that the city is not seeking to have Mr. Kolles develop his
property now, but rather is seeking to have Mr. Kolles
determine how his property will develop at such time as Mr.
Kolles chooses to develop it.
2. Forward the concept plan to the city for review by city Staff.
The city Planner and Engineer will review the concept plan and
will recommend any changes they believe necessary. Once
approved by the city Planner and Engineer, Mr. Kolles, the
principals behind Little Mountain Development and the city
should execute the enclosed agreement.
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Mr. Dan Frie
June 26, 1996
Page Two
3. At such time as you are ready to submit another preliminary
plat application, have your engineer integrate the
infrastructure needs of Mr. Kolles' property (as detailed on
the concept plan) into your utility plans, grading plans, etc.
such that adequate pipe sizes and other such items are shown
on your preliminary plat submissions. This should allow for
proper sizing of pipes, ponds, etc. without the need to resize
these items when Mr. Kolles' property develops.
4. If it is determined that oversizing of pipes or ponds or other
such items will be required on your plat based upon the
anticipated development of the Kolles property, the city will
look to either your group or Mr. Kolles to pay for/install
such items. I would assume that these issues could be agreed
upon between your group and Mr. Kolles.
Please feel free to contact me should you have any questions
regarding this matter. Thank you.
sincerely,
~C~
Michael C. Couri
RADZWILL & COURI
cc: Mr. Gary Hale
Mr. Pete Carlson
Ms. Liz stockman
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