2002-11-21 Violation of DA
Michael C. Couri.
Andrew J. MacArthur
Robert T. Ruppe..
David R. Wendorf
"Also licensed in 1Ilinois
COURl & MACARTHUR
Attorneys al Law
705 CenJral A venue East
PO Box 369
St. Michael, MN 55376-0369
(763) 497-1930
(763) 497-2599 (FAX)
couriandmacarthur@pobox.com
."Also licensed in California
November 21,2002
VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED
Leuer-MWlsterteiger Properties, Inc.
P.O. Box 340
100 East Central Avenue
St. Michael, MN 55376
Re: Violation of the Kollville Estates 2nd Addition Developer's Agreement
To Whom It May Concern:
It has recently come to the attention of the City of Albertville that the erosion
control for the project site is not being properly maintained. According to the City
Engineer's inspection, contractors are routinely dragging mud and debris into the streets.
This mud is then carried through the storm sewer and into the storm water detention
ponds. As you are aware, these ponds were not designed to treat this amoWlt of debris.
As it is, the ponds have prematurely filled with debris and need to be cleaned. As this is
a violation of the Developer's Agreement and City Ordinance, the City is requesting that
you immediately implement whatever remedies are necessary to ensure that proper
erosion control is installed and maintained at the project site. Further, the City is
requesting that you clean the mud and debris from the streets and ponds.
Please be advised that your failure to maintain proper erosion control procedures
for the project site is a violation of the following provisions of the Developer's
Agreement for Kollville Estates Second Addition:
3. Construction of On- and Off-Site Improvements.
A. Developer shall construct all on- and off-site improvements including
installation of private streets, boulevards, street signs, traffic signs, yard top
soil, sod and seed in all yards, grading control per lot, bituminous or concrete
driveways and parking lots, drainage swales, storm sewers, berming, and like
items as necessary, street cleanup during project development, and erosion
control, all as required by City ordinance and as detailed in the Plans and
Leuer-Munsterteiger Properties, Inc.
Kollville Estates Second Addition
November 21,2002
Page 2
Specifications for Kollville Estates Second Addition, as prepared by Quality
Site Design, LLC dated March 21,2000. Front and side yards shall be
sodded. Backyards must be seeded or sodded. In all cases permanent turf or
grass must be established over all areas of the lot not covered by a hard or
impervious surface. Said on- and off-site improvements shall be installed no
later than October 31, 2002, with the exception of erosion control, drainage
swales and berming, which shall be installed upon initial grading of Said Plat.
D. Developer shall install silt fencing in back of all curbing within 30 days after
said curbing is installed, or 7 days after the "small utilities" (gas, phone,
electrical and cable television) have been installed, whichever occurs sooner.
Developer shall be allowed to substitute hay bales for a 22-foot section of silt
fencing on each lot or at the location of each building driveway for the
purpose of allowing construction vehicles to pass from the street to each lot.
No construction vehicles shall pass from the street to the lots except through
such designated 22-foot section of hay bales. Developer shall remove all hay
bales and silt fencing from each lot as sod is installed upon said lot.
9. Erosion and Siltation Control. Before any grading is started on any site, all erosion
control measures as shown on the approved erosion control plan shall be strictly
complied with as set forth in the attached Exhibit F. Developer shall also install all
erosion control measures deemed necessary by the City Engineer should the erosion
control plan prove inadequate in any respect.
10. Draina!!e Requirements. Developer shall comply with all requirements set forth
for drainage into any county ditch or other ditch through which water from Subject
Property may drain, and shall make any necessary improvements or go through any
necessary procedures to ensure compliance with any federal, state, county or city
requirements, all at Developer's expense.
11. Maintain Public Property Dama!!ed or Cluttered Durin!! Construction.
Developer agrees to assume full fmancial responsibility for any damage which may
occur to public property including but not limited to streets, street sub- base, base,
bituminous surface, curb, utility system including but not limited to watermain,
sanitary sewer or storm sewer when said damage occurs as a result of the activity
which takes place during the development of Said Plat. The Developer further
agrees to pay all costs required to repair the streets, utility systems and other public
property damaged or cluttered with debris when occurring as a direct or indirect
result of the construction that takes place in Said Plat.
Leuer-Munsterteiger Properties, Inc.
Kollville Estates Second Addition
November 21,2002
Page 3
Developer agrees to clean the streets on a daily basis if required by the City.
Developer further agrees that any damage to public property occurring as a result
of construction activity on Said Plat will be repaired immediately if deemed to be
an emergency by the City. Developer further agrees that any damage to public
property as a result of construction activity on Said Plat will be repaired within 14
days if not deemed to be an emergency by the City.
If Developer fails to so clean the streets or repair or maintain said public property,
the City may immediately undertake making or causing it to be cleaned up, repaired
or maintained. In such event, the City shall make a good fmfu attempt to inform
Developer of the City's intentions via telephone, but the City need not follow the
procedures required by paragraph 14A. When the City undertakes such activity, the
Developer shall reimburse the City for all of its expenses within thirty (30) days of
its billing to the Developer. If the Developer fails to pay said bill within thirty (30)
days, then the City may specially assess such costs against the lots within Said Plat
and/or take necessary legal action to recover such costs and the Developer agrees
that the City shall be entitled to attorneys fees incurred by the City as a result of such
legal action. Developer knowingly and voluntarily waives all rights to appeal said
special assessments under Minnesota Statutes section 429.081.
This letter shall serve as notice to you that the City of Albertville considers you in
default under the above-described Developer's Agreement and now requests that you
implement the necessary erosion control procedures and pond maintenance within the 30
days allowed to cure a default under Section 14 of the Developer's Agreement. If you
have not implemented the necessary erosion control procedures and cleaned the ponds
within 30 days, the City will enforce its ordinances and the subject Developer's
Agreement, most likely through any necessary court action.
With regard to street cleanup, the City demands that you implement such
procedures that may be required to cure the default within 14 days allowed to cure under
Section 11 of the Developer's Agreement.
If you have not implemented the necessary erosion control procedures and cleaned
the ponds within 30 days (14 days as to street cleanup) the City will enforce its
ordinances and the subject Developer's Agreement, most likely through any necessary
court action. Please be advised that under the terms of the subject Developer's
Agreement, your company will be responsible for any expenses the City incurs in
enforcing the provisions of the subject Developer's Agreement. As you are aware, these
costs may include attorney's fees and court costs, if necessary. Please notify this office
. .
Leuer-Munsterteiger Properties, Inc.
Kollville Estates Second Addition
November 21,2002
Page 4
and the City Engineer of what plans you will be implementing to deal with the serious
erosion control problems that now exist at the project site.
Your cooperation in this matter is greatly appreciated. If you have any questions,
please do not hesitate to contact this office.
~
Robert T. Rupp
_.
Couri & MacArthur
Cc: Linda Goeb, City Administrator
Scott Dahlke, Quality Site Design, LLC
Peter J. Carlson, Short Elliott Hendrickson, Inc.
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