2004-12-22 PUD Agreement
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Doc. No. A 940358
OFFICE OF THE COUNTY RECORDER
WRIGHT COUNTY, MINNESOTA
Certified Filed and/or Recorded on
12-22-2004 at 03:00
Check': 109495 Fee: $40.50
Payment Code 02
Add!. Fee NS
Larry A. Unger, County Recorder
CITY OF ALBER~LE
pLANNED UNIT DEVELOPMENT AGREEMENT
pRAIRIE RUN
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TIllS AGREEMENT, entered into this 1(0\ day of -\-W~ ,2004 by and
between GOLD KEY DEVELOPNlENT, INC., a Minnesota Corpor . n, referred to herein
as "Developer"; and the CITY OF ALBERTVILLE, County of Wright, State of Minnesota.
hereinafter referred to as "City";
WITNESSETH:
WHEREAS, Developer, Robert C. Heuring and Christine A. Heuring are the fee
owners of the real property described in the attached Exhibit A, which is the real property is
proposed to be subdivided and platted for development, and which subdivision, which is the
subject of this Agreement, is intended to bear the name "Prairie Run" and shall hereinafter
be referred to in its entirety as "Said Plat" or "Subject Property"; and
WHEREAS, this Agreement shall apply to the Subject Property which is owned in
fee by Developer which is legally described as follows (after the filing of the Prairie Run
Plat):
Lots 1-15, Block 1
Lots 1-38, Block 2
Outlot A
All said property in Prairie Run plat, City of Albertville, County of Wright, Minnesota.
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EXHIBIT
A
WHEREAS, this Agreement along with the separate Planned Unit Development
Agreement for prairie Run signed by Robert C. Heuring and Christine A. Heuring and the
City is intended to govern the respective rights of the parties with regard to Said Plat
WHEREAS, Developer intends to subdivide 33.7 acres into 53 single-family
residential lots for purposes of constructing 53 new single-family residential units; and
WHEREAS, approval of a Planned Unit Development is required to allow for the
aforementioned subdivision proposed by Developer; and
WHEREAS, the City has given final approval of Developer's plat of Prairie Run
contingent upon compliance with certain City requirements including. but not limited 1.0,
matters set forth herein; and
WHEREAS, the City requires that certain public improvements including, but not
limited to bituminous street, sidewalk, curb and gutter, grading, drainage, sanitary sewer,
municipal water and storm sewer and drainage ponds (hereafter "Municipal
Improvements") be installed to serve the Subject Property and be fmanced by Developer;
and
WHEREAS, the City further requires that certain on- and off-site improvements be
installed by the Developer within Said Plat, which improvements consist of paved streets,
boulevards, top soil and sod, grading control per lot, bituminous or concrete driveways,
parking lot, drainage swales, benning, street signs, street cleanup during project
development, erosion control, and other site-related items; and
WHEREAS, this Agreement is entered into for the purpose of setting forth and
memorializing for lhe parties and subsequent owners, the understandings and covenants of
the parties concerning the development of the Said Plat and the conditions imposed thereon;
NOW, THEREFORE, IT IS HEREBY AND HEREIN MUTUALLY
AGREED, in consideration of each party's promises and considerations herein set forth. as
follows:
\. Planned Unit Development. Development of Said Plat shall be as a Planned Unit
Development with flexibility from the strict requirements of the City's Zoning
Ordinance in relation to minimum lot sizes, lot widths and set-back requirements.
Unless otherwise explicitly set forth in this Agreement, however, Developer must
conform to the requirements of the R-IA zone of the Albertville Zoning and
Subdivision Ordinance, as well as all other applicable land use regulations.
Developer agrees that the following conditions will be met on a continuing basis:
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A. All lot sizes and widths shall be as shown on the tinaI plat attached as Exhibit B
to this Agreement.
B. Setbacks may deviate from the R-IA zoning district as follows:
1. For Lots 1-15, Block 1 and Lots 14-38, Block 2, the following
minimum building setbacks shall be observed:
Front Yard: 30 feet
Side Yard: 10 feet
Rear Yard: 25 feet
11. For Lots 1-13, Block 2, the following minimum building setbacks
shall be observed:
Front Yard:
Side Yard:
Rear Yard:
17 feet from the private street
10 feet
25 feet
C. All grading, drainage, utility, wetland mitigation, and tranSportation issues that
arise during development of Said Plat shall be subject to review and approval by
the City Engineer.
D. Trees, shrubs, berms and screening are to be planted and installed as shown on
the landscape plans attached as Exhibit C. The Developer shall guarantee that all
new plantings shall survive for two full years from the time the planting has been
completed or will be replaced at the expense of the Developer.
E. Prior to the sale of any lot(s) within Said Plat, Developer shall provide the City
with a copY of the sales literatUr< identifying the required thirty (30) foot wetland
setback building restrictions and the location of all sidewalks. Developer agrees
that the aforementioned sales literature will be distributed to all potential lot
buyers within Said Plat prior to the sale of any of said lots by Developer.
F. Other Use Restrictions. On all lots within 30 feet of any wetland or storm
water management pond, no strUcture, including, but not limited to,
outbuildings or accessory buildings, fence, planting or other material shall be
placed or permitted to remain whicb may damage or interfere with the
installation and maintenance of utilities, or which may change the direction of
flow or drainage channels in the easements, or which may obstruct or retard the
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flow of water through drainage channels in the easements. The easement area
of each Lot including all improvements in it, shall be maintained continuously
by the Owner of the Lot, except for those improvements for which a public
authority or utility company is responsible. No Owner or other person shall
apply any fertilizers or herbicides within fifty (50) feet of any drainage
easement. Developer shall install, at its sole expense, markers showing the
demarcation of wetland boundaries. The demarcation of wetland boundaries
shall be subject to the approval of the City.
G. Developer shall establish a homeowner's association via a recorded covenant for
this Development. Developer shall file the Homeowner's Association covenants
against all Lots in Said PIal. Said Homeowners' Association covenants and
agreements for Said Plat shal1 be submitted to the City Atlomey for review and
approval. At a minimum the recorded covenant for the Homeowner's
Association shall include the following:
1. The Homeowners' Association shall own and maintain Outlot A as a
private street for the benefit of Lots 1-13, Block 2 of Said Plat.
2. The Homeowners' Association shall maintain said private street in
perpetuity in a manner similar to the way the City maintains its residential
streets, and shall keep the road passable for emergency vehicles at all times.
H. Developer shall convey Outlot A to the Homeowners' Association.
I. Developer shall remove all farm buildings and structures from the that portion
of Said Plat owned by Developer by July 1,2005.
2. Construction of Municipal Improvements.
Upon receipt of a signed waiver of appeal of special assessments from all non-
governmental property owners wbose property benefits from the Municipal
Improvements, the City shall construct Municipal Improvements which shall
consist of street, sidewalk, watermain, sanitary sewer, and storm sewer
improvements as shown in the plans dated April 30, 2004 prepared by Short Elliott
Hendrickson, Inc. entitled "2004 Prairie Run Improvements." The City Engineer
shall inspect the installation of said Municipal Improvements on a regular basis.
j)12..::r City shall use reasonable efforts to substantial1y complete said Municipal
Improvements by July 31, 2005, provided, however, the City may elect to install
the bituminous wear course by October 31, 2006. With regard to the Municipal
Improvements listed above, the parties agree as follows:
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A. The City shaH specially assess 100% of the costs of said Municipal
Improvements to the benefiting properties, including the lots in Said
Plat, payable over a period of years to be detennined by the City but
not exceeding five years, at an annual interest rate not exceeding the
rate of any bond issued to fmance said Municipal Improvements plus
2%. Developer has executed an assessment agreement related to the
Municipal Improvements. This Agreement shall not alter, change. or
modify those assessment agreements.
B. The City shall, at its option, have the City Engineer present on Said
Plat for inspection purposes at such times as the City may deem
necessary during the construction and installation of said Municipal
Improvements. Developer agrees to pay for all costs incurred by the
City during said inspections. Upon request, the City shall provide
Developer with time sheets and work records to verify such costs
before payment by Developer.
3. Construction of On- and Off-Site Improvements.
A. Developer shall construct all on- and off-site improvements including, but not
limited to, installation of 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, berming, and like items as necessary, street
cleanup during project development, and erosion control, all as required by
City ordinance. Front, side and portions of the back yards of residential lots
shall be sodded in accordance with the Residential Development Standards
as on file with the City Administrator's Office. Those portions of the yards
not required to be sodded may be seeded with grass seed 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, 2004, with the exception of erosion
control, drainage swales and berming, which shall be installed upon initial
grading of Said Plat.
B. Developer shall, at its own expense, cause the following items to be installed
within the development, all such items to be installed under ground, within
the street right of way or such other location as may be approved by the City
Engineer, accessible to all lots and in compliance with all applicable state and
local regulations:
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i. Electrical power supply, to be provided by Xcel Energy or other such
carrier;
11. Natural gas supply, to be provided by Reliant Energy or other such
carrier;
lll. Telephone service, to be provided by SprintlUnited Telephone
Company or other such carrier;
IV. Cable TV service, to be provided by a local carrier;
In addition, Developer shall, at its own expense, cause street lights to be
installed at such locations as required by the City Engineer. Street signs shall
also be installed of such type and at such locations as required by the City
Engineer and in conformance with the Manual on Uniform Traffic Control
Devices.
C. 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 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.
D. Notwithstanding the requirements of subparagraph 3A above, the Developer
shall install to the City's satisfaction improvements for each lot or parcel prior
to the date that a certificate of occupancy (temporary or pennanent) is issued
by the City for a building located on the lot, unless the certificate of
occupancy is issued after October 1st and before March 30th in any given
year, in which case a certificate of occupancy shall be issued only if the
owner of the lot has entered into an escrow agreement with the City and
provided an escrow for 150% of the estimated cost of said improvements
pursuant to City Ordinance.
E. Developer shall install storm water retention/water quality ponds and basins
upon Said Plat as shown on the Grading, Drainage and Erosion Control Plan
attached as Exhibit D. Said ponds and basins shall be dedicated to the City,
and Developer shall provide the City with perpetual drainage easements over
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Doc. No. A 940358
OFFICE OF THE COUNTY RECORDER
WRIGHT COUNTY, MINNESOTA
Certified Filed and/or Recorded on
12-22-2004 at 03:00
Check': 109495 Fee: $40.50
Payment Code 02
Add!. Fee NS
Larry A. Unger, County Recorder
CITY OF ALBER~LE
pLANNED UNIT DEVELOPMENT AGREEMENT
PRAIRIE RUN
-H \ \
TIllS AGREEMENT, entered into this 1 (0 \ day of -\-W~ ' 2004 by and
between GOLD KEY DEVELOPMENT, INC., a Minnesota Corpor . n, referred to herein
as "Developer"; and the CITY OF ALBERTVILLE, County of Wright, State of Minnesota.
hereinafter referred to as "City";
WITNESSETH:
WHEREAS, Developer, Robert C. Heuring and Christine A. Heuring are the fee
owners of the real property described in the attached Exhibit A, which is the real property is
proposed to be subdivided and platted for development, and which subdivision, which is the
subject of this Agreement, is intended to bear the name "Prairie Run" and shall hereinafter
be referred to in its entirety as "Said Plat" or "Subject Property"; and
WHEREAS, this Agreement shall apply to the Subject Property which is owned in
fee by Developer which is legally described as follows (after the filing of the Prairie Run
Plat):
Lots 1-15, Block 1
Lots 1-38, Block 2
Outlot A
All said property in Prairie Run plat, City of Albertville, County of Wright, Minnesota.
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EXHIBIT
A
D. Developer hereby agrees to allow the City to specially assess the Developer's
property for any and all costs incurred by the City in enforcing any of the
terms of this agreement should the Developer'S letter of credit or surety prove
insufficient or should the Developer fail to maintain said letter of credit or
surety in the amount required above within 30 days of mailing of written
request by the City. Should the City assess the Developer's property for said
costs, the Developer agree not to contest or appeal such assessment and
waives all statutory rights of appeal under Minnesota Statutes, including
Minnesota Statute 429.081, to the extent of the costs identified in this
Agreement.
E. That portion of said cash, irrevocable letter of credit or other surety with
respect to the performance of Site Improvements shall be released upon
certification of the City Engineer and approval of the City Council that all
such items are satisfactorily completed pursuant to this Agreement.
F. In the event a surety referred to herein is in the form of an irrevocable letter of
credit, which by its terms may become null and void prior to the time at
which all monetary or other obligations of the Developer are paid or satisfied,
it is agreed that the Developer shall provide the City with a new letter of
credit or other surety, acceptable to the City, at least forty-five (45) days prior
to the expiration of the original letter of credit. If a new letter of credit is not
received as required above, the City may without notice to the Developer
declare a default in the terms of this Agreement and thence draw in part or in
total, at the City's discretion, upon the expiring letter of credit to avoid the
loss of surety for the continued obligation. The form of any irrevocable letter
of credit or other surety must be approved by the City Attorney prior to its
issuance.
6. Surety Release.
A. Periodically, as payments are made by the Developer for the completion of
portions of the Municipal Improvements, On- and Off-site Improvements,
and/or Landscaping Improvements and when it is reasonably prudent, the
Developer may request of the City that the surety be proportionately reduced
for that portion of the Municipal Improvements which have been fully
completed and payment made therefor. All such decisions shall be at the
discretion of the City Council. The City's cost for processing reduction
request(s) shall be billed to the Developer. Such cost shall be paid to the City
within thirty (30) days of the date of mailing of the billing.
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B. ' Developer may request of the City a reduction or release of any surety as
follows:
1. When another acceptable letter of credit or surety is furnished to
the City to replace a prior letter of credit or surety.
ii. When all or a portion of the Municipal Improvements have been
installed and as the corresponding special assessments are paid,
that portion of the letter of credit or surety attributable to the
municipal improvements may be reduced by 50% of the dollar
amount of special assessments which have been paid.
iii. When all or a portion of the on- and off-site improvements or the
Landscaping Improvements have been installed, the letter of credit
or surety may be reduced by the dollar amount attributable to that
portion of improvements so installed, except the City shall retain
the letter of credit or surety in the amount of 25% of the estimated
landscaping costs for two years from the time of the installation of
said landscaping materials.
C. The costs incurred by the City in processing any reduction request shall be
billed to the Developer and paid to the City within thirty (30) days of billing.
7. Abandonment of Proiect - Costs and Expenses. In the event Developer
should abandon the proposed development of the Subject Property, the City's
costs and expenses related to attorney's fees, professional review, drafting of
this Agreement, preparation of the feasibility report, plans and specifications,
and any other expenses undertaken in reliance upon Developer's various
representations shall be paid by Developer within thirty (30) days after receipt
of a bill for such costs from the City. In addition, in the event Developer
abandon the project, in whole or in part, ceases substantial field work for
more than nine (9) months, fails to provide sufficient ground-cover to prevent
continuing soil erosion from the Said Plat, or fails to leave the abandoned
property in a condition which can be mowed using conventional lawn
mowing equipment, Developer agrees to pay all costs the City may incur in
taking whatever action is reasonably necessary to provide ground-cover and
otherwise restore Said Plat to the point where undeveloped grounds are level
and covered with pennanent vegetation sufficient to prevent continuing soil
erosion from Said Plat and to facilitate mowing of Said Plat. In the event that
said costs are not paid, the City may specially assess such costs against the
lots within Said Plat and/or take necessary legal action to recover such costs,
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including attorneys fees. Developer knowingly and voluntarily waives all
rights to appeal said special assessments under Minnesota Statutes section
429.081.
8. DeveloDer to Pay City's Costs and ExDeDses. It is understood and agreed
that the Developer will reimburse the City for all reasonable administrative,
legal, planning, engineering and other professional costs incurred in the
creation, administration, enforcement or execution of this Agreement and the
approval of Said Plat, as well as all reasonable engineering expenses incWTed
by the City in designing, approving, installing, and inspecting said
Improvements described above. Developer agree to pay all such costs within
30 days of billing by the City. If Developer fails to pay said amounts, then
the City may specially assess such costs against the lots within Said Plat.
Heuring and Developer lmowingly and voluntarily waives all rights to appeal
said special assessments under Minnesota Statutes section 429.081.
Developer has the right to request time sheets or work records to verify said
billing prior to payment.
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 D. 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. Draina2e Reauirements. 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
drainage requirements, all at Developer's sole expense.
II. Maintain Public Pro e
Construction.
Developer agrees to assume full fInancial 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 watennain,
sanitary sewer or storm sewer when said damage occurs as a result of the activity
which takes place during the development of Said Plat. Developer further agrees to
pay aU 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.
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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 ifnot 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 undertake making or causing it to be cleaned up, repaired or
maintained. When the City undertakes such activity, Developer shall reimburse the
City for all of its expenses within thirty (30) days of its billing to the Developer. If
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.
12. Temoorarv Easement Rights. Developer shall provide access to the Subject
Property at all reasonable times to the City or its representatives for purposes of
inspection or to accomplish any necessary work pursuant to this Agreement.
13. Miscellaneous.
A. Developer agrees that all construction items required under this Agreement
are items for which Developer is responsible for completing and all work
shall be done at Developer's expense.
B. If any portion, section, subsection, sentence, clause, paragraph or phrase of
this Contract is for any reason held invalid by a Court of competent
jurisdiction, such decision shall not affect the validity of the remaining
portion of this ContraCt.
C. If building permits are issued prior to the completion and acceptance of public
improvements, the Developer assumes all liability and the costs resulting in
delays in completion of public improvements and damage to public
improvements caused by the City, Developer, its contractors, subcontractors,
materialmen, employees, agents, or third parties.
D. The action or inaction of the City shall not constitute a waiver or amendment
to the provisions of this Contract. To be binding, amendments or waivers
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shall be in writing, signed by the parties and approved by written resolution of
the City Council. The City's failure to promptly take legal action to enforce
this Contract shall not be a waiver or release.
E. This Contract shall run with the land and shall be recorded against the title to
the property.
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
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.
G. Prior to the execution of this Agreement and prior to the start of any
construction on the Subject Property, the Developer shall provide the City
with evidence of good and marketable title to Lots 1-15, Block 1, Lots 1-13,
Block 2 and Outlot A of the Subject Property. Evidence of good and
marketable title shall consist of a Title Insurance Policy or Commitment from
a national title insurance company, or an abstract of title updated by an
abstract company registered under the laws of the State of Minnesota.
H. Developer shall comply with all water, ponding and wetland related
restrictions, if any, required by the City of Albertville, Wright County Soil
and Water District and/or any applicable provisions of State and Federal law.
1. Developer shall not place any structure at an elevation such that the lowest
grade opening is less than two feet above the highest known surface water
level or ordinary high water level or less than one foot above the lOO-year
flood level of any adjacent water body or wetland. If sufficient data on high
water levels is not available, the elevation of the line of permanent aquatic
vegetation shall be used as the estimated high water elevation. When fill is
required to meet this elevation, the fill shall be allowed to stabilize and
construction shall not begin until the property has been approved by the
Building Inspector or a professional soils engineer.
14. Violation of Ae:reement.
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A. Except as otherwise provided in this Agreement, upon any default by
Developer, its successors or assigns, of any of the covenants and agreements
herein contained, the City shall give the Developer thirty (30) days mailed
notice thereof(via certified mail), and ifsuch default is not cured within said
thirty (30) day period, the City is hereby granted the right and the privilege to
declare any deficiencies governed by this Agreement due and payable to the
City in full. The thirty (30) day notice period shall be deemed to run from the
date of deposit in the United States Mail. Upon failure to cure by the
Developer, the City may thence immediately and without notice or consent of
the Developer complete the Developer's obligations under this Agreement,
and specially assess the costs thereof against the lots within Said Plat, bring
legal action against the Developer to collect any sums due to the City
pursuant to this Agreement, plus all costs and attorney's fees incurred in
enforcing this agreement, draw on the Surety provided herein, or pursue any
combination of the above remedies as well as any other remedy available to
the City in law or equity. Developer knowingly and voluntarily waives all
statutory rights to appeal said special assessment under Minnesota Statutes
section 429.081.
B. Notwithstanding the 30-day notice period provided for in paragraph 14A
above, in the event that a default by the Developer will reasonably result in
irreparable harm to the environment or to public property, or result in an
imminent and serious public safety hazard, the City may immediately
exercise all remedies available to it under this Agreement in an effort to
prevent, reduce or otherwise mitigate such irreparable hanD or safety hazard,
provided that the City makes good-faith, reasonable efforts to notify the
Developer as soon as is practicable of the default, the projected irreparable
harm or safety hazard, and the intended actions of the City to remedy said
harm.
C. Paragraph 14A of this section shall not apply to any acts or rights of the City
under the preceding paragraph, and no notice need be given to the Developer
as a condition precedent to the City declaring a default or drawing upon the
expiring irrevocable letter of credit as therein authorized. The City may elect
to give notice to the Developer of the City's intent to draw upon the surety
without waiving the City's right to draw upon the surety at a future time
without notice to the Developer.
15. Dedications to the Ci~
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A. Municipal Improvement Dedications: Developer, upon presentation to the
City of evidence of good and marketable title to Lots 1-15, Block 1, Lots 1-13,
Block 2 and Outlot A of the Subject Property, and upon completion of aU
construction work and certification of completion by the City Engineer, shall
make the following dedications to the City:
1. Developer shall dedicate drainage easements to the City over, under and
acrosS all drainage ponds located in Said Plat.
2. Developer shall dedicate to the City all sidewalks. roads. road and trail
right-of-ways, curbs, gutters, sewers and water mains and utility easements
located within Said Plat except that Lots 1-13, Block 2 of Said Plat, located
west of the access point onto County Road 18 shall be served by a private
street which shall be maintained by the Homeowner's Association in
perpetuity. Prior to the City's acceptance of said dedications, Developer
shall provide to the City "As-Builts" of all sewers, water mains, and roads.
Acceptance by City of any dedication shall occur upon passage of a
resolution to such effect by the City Council.
B. Park Dedication Fees: Developer acknowledges and agrees that in order to
satisfy the City's park dedication requirements for the numbered lots in
Said Plat, Developer shall pay the City a cash payment totaling $132,500
($2,500 per lot times 53 lots). Said park dedication fees shall be paid prior
to the release of Said Plat by the City.
16. Phased Development. If the plat is a phase of a multi-phased preliminary plat, the
City may refuse to approve final plats of subsequent phases until public
improvements for all prior phases have been satisfactorily completed. Development
of subsequent phases may not proceed until Development Contracts for such phases
are approved by the City. Approval of this phase of the Development shall not be
construed as approval of future phases nor shall approval of this phase bind the City
to approve future Development phases. All future Development phases shall be
governed by the City's Comprehensive Plan, Zoning ordinance, Subdivision
ordinance, and other ordinances in effect at the time such future Development phases
are approved by the City.
17. Indemnitv. Developer shall hold the City and its officers and employees harmless
from claims made by Developer or third parties for damages sustained or costs
incurred resulting from Said Plat approval and development. Developer shall
indemnify the City and its officers and employees for all costs, damages or expenses
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which the City may payor incur in consequence of such claims, including attorney's
fees. Third parties shall have no recourse against the City under this contraCt.
18. Assmnment of Contract. The obligations of Developer under this Contract cannot
be assigned without the express written consent of the City Council through Council
resolution.
19. Limited Aooroval. Approval of this Agreement by the City Council and issuance
of the Conditional Use Pennit which is the subject of this Agreement in no way
constitutes approval of anything other than that which is explicitly specified in this
Agreement.
20. Sanitary Sewer and Water Trunk Line Fees. Prior to the City releasing Said
Plat, Developer agrees to pay a trunk sewer charge in the amount of $47,180.00,
representing $1,400 per acre of Said Plat multiplied by 33.7 acres contained in that
portion of Said Plat owned by Developer. In addition, prior to release of Said Plat,
Developer agrees to pay a trunk water charge in the amount of $40,440.00
representing $1,200 per acre of Said Plat multiplied by 33.7 acres contained in that
portion of Said Plat owned by Developer. Developer agrees to pay said amounts
prior to the City's release of Said Plat.
21. Professional Fees. Developer will pay all reasonable professional fees incurred by
the City as a result of City efforts to enforce the terms of this Agreement. Said fees
include attorney's fees, engineer's fees, planner's fees, and any other professional fees
incurred by the City in attempting to enforce the tenns of this Agreement. The
Developer will also pay all reasonable attorney's and professional fees incurred by
the City in the event an action is brought upon a letter of credit or other surety
furnished by the Developer as provided herein.
22. Plans Attached as Exhibits. All plans attached to this Agreement as Exhibits are
incorporated into this Agreement by reference as they appear. Unless otherwise
specified in this Agreement, Developer is bound by said plans and responsible for
implementation of said plans as herein incorporated.
23. Inte ration Clause Modification b Written A reement Onl . This Agreement
represents the full and complete understanding of the parties and neither party is
relying on any prior agreement or statement(s), whether oral or written.
Modification of this Agreement may occur only if in writing and signed by a duly
authorized agent of both parties.
15
24. Notification Wormation. Any notices to the parties herein shall be in writing,
delivered by hand (to the City Clerk for the City) or registered mail addressed as
follows to the following parties:
City of Albertville
c/o City Clerk
P.O. Box 9
Albertville, MN 55301
Telephone: (763) 497-3384
Gold Key Development, Inc.
4700 County Road 19
Medina, MN 55357
Attention: Dean R. Johnson
Telephone: (763) 420-4044
25. Ae:reement Effect. This Agreement shall run with the land and be binding upon and
extend to the representatives, heirs, successors and assigns of the parties hereto.
CITY OF ALBERTVll-LE,
~~b" --~
By .j~ . 1:--.J
Its Mayor
By &~cL.~ ~Q~."
Its Clerk \
GOLD KEY DEVELOP"MENT, INC.,
~ \2- -k"'~
By Dean R. Johnson
Its -Pres1tient S" <.~~\-~(
STATE OF MINNESOTA)
) ss.
COUNTY OF WRlGIIT )
..,.- _ (."
The foregoing instrutnent was acknowledged before me this .", , I day of
11 #', t.'-',' ~ , 2004, by Don Peterson as Mayor of the City of AlbertVille, a
Minnesota municipal corporation, on behalf of the city and pursuant to the authority of the
City CounciL .
16
.-
~~~
~ blic
STATE OF MINNESOTA)
) 55.
COUNTY OF WRIGHT )
DAVID WENDORF
. NOTARY PUBUC-MINNESOTA
My ConvlllSSlOn ExplllS Jan. 31,2005
The foregoing instrument was acknowledged before me this 5'""1 f"f day of
t1 t1 G. '-f .., , 2004, by Bridget Miller, as Clerk of the City of AlbertVille, a
Minnesota municipal corporation, on behalf of the city and pursuant to the authority of the
City Council. . .....~--) .--....--
~.~~ -
Notary Public
STATE OF MINNESOTA )
) SS.
COUNTY OF WRIGHT )
The foregoing instrument was acknowledged before me this \~ ~L day of
"5 Ul-' '1 ' 2004, by Dean R. Johnson, as Preiid8fit of Gold Key Development,
llC.. ~y
. l \!~.
c7 ~lilic
DRAYfED BY:
Couri, MacArthur & Ruppe, P.L.L.P.
P.O. Box 369
705 Central Avenue East
St. Michael, MN 55376
(763) 497-1930
.._~_&~&&._AA__.._a..Aa.~.
I'e-~'- ~~~~-H.-B~~NNAN'
"*. ~. NOTAA'l' pUIll.ICoMlNNe.saTA
~; IoIY C(lNI.ISSION exPIRES 1-31-2005
.Wy~.~.-;H. ^~J.'.;'."T,^,''\.''^~'''''~.
17
EXHIBIT A TO DEVELOPER'S AGREEMENT
The Real Property subject to the Developer's Agreement is legally described as follows
(after the filing of the Prairie Run Plat):
Lots 1-15, Block 1
Lots 1-38, Block 2
Outlot A
All said property in Prairie Run plat, City of Albertville, County of Wright, Minnesota.
18
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OEC-07-2005(WE[)) 13: 11
P. 002/002
.
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. November 20. 2000
eeCC!.'\1~d f("M
11- /I'" r;5'
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W tlyne Fingalson. P .E.
Wright County Highway Department
1901 Hwy 2S N
Buffalo, MN 55313, MN
RE: R.eplacement recommendation for Bridge 8430 on CSAH 18
Sec:. 2, T-120-N, R-24-W.
Dear Mr. Fingalson:
Enclosed are copies of calculation sheets and a risk assesslDent for sizing culver-.s to replace:: the abov~
referenced structure. The recommended size and pertinent hydraulic data are as follows:
Recommended Culverts ........."......""...............: 1 .. 12 ft x 8 ft Box Culvert
'" Stx'cam....................... . . . - . . . . . . . . ... Co. Ditch #9
... Drainage.Area................................1o............1o.....................: 1.23 sq. mi.
. Flood of Record .......................................: Unknown
Maximum Observed Highwatcr ...........................: Unknown
lit Design and Basic Flood (100 Year Frequency) ............... : ..20S_~
III HeadwaterElevatiol1 ............................... : \...951.5..~~.
Stage Increase .1o......................................................: 0.2' it. ..
Stage Increase for Existing Structure . . . . . . . . . . . . . . . . . ..: 0.25 ft.
Approximate Roadway Sag Point Elevation. .... . . . . . . ..: 957.7
Mean Velocity Through Structure .. .. . . . .. . . . .. . . .. ...: 2.5 fps
Mean Velocity in Channel. . . . . . . . . . . . . . . . . . . . . . . . . ..: 1.75 tps
Greatest Flood (500 Year Frequency) ......................: 350 cfs
.... HeadwaterElevarlon ...............................: 953.0
Stage Increase ....................................: 0.3 ft
Mean Verocity Through Structure .. .. . . . .. .. . .. . .. . ...: 3.7 ips
Approximate Inlet Invert Elevation ........................: 944.5.-
Approximate Outlet Invert Elevation . . . . . . . . . . . . . . . . . . . . . ..: 944.3*.
... This information should be shown on the plan sheet(s)
*'Ie ThCie:: arc:: suggested invCl't elevatior.$) if "- designat~d ditch flowline is available, the culvert should be
set at that elevation.
The above design data is based on field survey data provided by Wright County for this pt'Ojcct.
I hereby certify that this report was prepared by me or under my direct supervision, and that I am a duly
registered professional engineer under the laws of the Stat.. of Minnesota.
./3'~$ J~
Brian D. Walter. P.E.. Reg. No. 13896
gate: / / h() /0'0.
EXHIBIT
I F
Jan 04 2006 7:31AM
JOHN H. BRENNAN
9529424740
p.2
~
[0, pull Db! orne.
17 Annt:lc: AVEnJe
Har'1CIJCk. ~ 56244
(32Dl 392-5207
[EOl) 9512-8982
M..... SeII!II Dmce
275 EdhIlnd. Blvd.
MpIs.. MN 55439
(952) 835-4646
(BOO] 45G-7047
, A.e..c.
. CDncr.~. Praduct. Company. Inc.
....... ~ PIIIra
2IJi!D Ca.rlty Rd. is
Cennan Fl!IIs. MN S5[J[]9
(5D7) C!f53.393S
(8O[]J 154i!-4435
CClU'tlland PIImt
301 Fa.rth StnHit
1:a.rtIand. MN 5BIli!1
(son 354-26IS
(800) 4SD-2Ei15
December 29, 2005
Mr. John H. Brennan
Attorney at Law
11200 West 78th Street
.Suite 300.
Eden Prairie, MN 55344
RE: Albertville Culvert
Dear Mr. Brerman:
I am writing this letter in response to your letter dated December 23, 2005 regarding the
culvert replacement study I prepared for a culvert located near the Prairie Run plat
As you know, I prepared a culvert replacement study for the culvert on County State Aid
Highway 1810cated in Section 1 of Township 120 Nona, Range 24 West, in Wright
. County Minnesota, The primary pmpose of the study was to determine an appropriate
size culvert to replace the existing structure at this location. The study was conducted in
accordance with standard practice for bridge and culvert replacement projects as outlined
in the Minnesota Department of Transportation's Drainage Manual, and, to the best of .
my knowledge, is consistent with Minnesota Department of Natural Resources rules md
regulations and Minnesota Ditch Laws.
One oftbe requirements for a study of~s type is to compare the hydraulic
charactCriStics of1he exj,Wng struct1ire wi1h tile proposed ittUcture at the O<:CuaeDce of
the lOO-year flood event. The reason for this is to make sure that the proposed stnJcture
(culvert) does not materially increase the risk of flood damage. In order to make Chis
comparison, it is first necessary to estimate the lOO-year flow rate and flood stage. But it
should be pointed out that the pmpose of the lOO-year flood estimate is to assist in the
selectiOIi of the proper culvert size, not to establish lOO-year flood levels for zoning
purposes.
The degree of 8CC1lr8C?Y in determination of the lOo-year flood stage. for culvert sizing is
typically not sufficient for flood plain zoning purposes. A Wen designed culvert crossing
needs to function properly for floods ranging from say a 2-year event aD the way up to a
SOO-year event. If the lOO-year estimate is off slightly, it wiD not sigaificantly a1fect the
CfBJC~
www.hancockconcrete .1:0 m
EXHIBIT
I G
()
MWIcar\
o.NNIa....
j ~J..:...
Jan 04 2006 7:31AM
.
JOHN H. BRENNAN
9529424740
p.3
Mr. Brennan, Attorney at Law
December 29.2005
Page 2
performance of the culvert. Therefore, the additioDal expense to prepare a more detailed
study to more accurately determine the l00-year flood stage is generally not warranted.
When a predicted lOO-year flood stage is used for flood plain zoning, the accuracy of the
prediction is significantly morc important, For example: If the flood stage is under
estimated and a development is built within the flood plain. the potential loss due to
flooding can be significant; Likewise, if the flood stage is over estimated and
development restricted, the loss of property value can also be significant. Therefore, a
much higher degree of accuracy is necessary when detennining lOO-year flood stages for
.-.flood.plain zoning, and the add~tio!!2.1 cost for a more detailed study. can be justified.
For the above stated reasons, 100.-year flood stages determined tor bridge and culvert
replacements should generally not be utilized for flood plain zoning purposes.
Hopefully the above explanation will shed more light on the situation and answer your
questions. If you still have questions, please feel free to contact me at the Minneapolis
Sales Office.
Sincerely.
Hancock Concrete Products Co., Inc.
d~ .~~/) c~~
Brian D. Walter. P.E.
Director of Engineering
12/21!~aa5 15:59
763-497-2599
COLJR lMACARTHURRUPPE
PAGE a2/B4
MEMORANDUM
TO:
JON SUTHERLAND, BUILDING INSPECTOR; LARRY KRUSE,
CITY ADMINISTRATOR; CITY COUNCIL MEMBERS
MIKE COURI, CITY A TIORNEY
SUBJECT: REQUEST FOR CERTIFICATE OF OCCUPANCY AT"5209
KALENDA COURT
FROM:
DATE:
DECEMBER 20, 2005
The Prairie Run plat was originally approved by the City Council on June
7, 2004. Under Minn. Stat. 462.358, Subd. 3c, changes to the City's official
controls, including changes to the zoning ordinance, are not applicable 10
properties which have been final platted until two years after the receipt of final
plat approval.
At the time of the approval of Prairie Run, the City had two ordinances
which addressed the minimum floor elevation which a house must be constructed
to. The first, contained in Zoning Ordinance section 1000.9, Subd. (d) stated:
High Water Elevation. No structure, except docks and retaining walls shall
be placed at an elevation such that the lowest floor, including basement
floor, is less than two (2) feet above the highest known surface water level
or ordinary high water level, or less than one (1) foot above the IOO-year
flood level, if detennined, of any lake, pond, stream, watercourse or
wetland. If sufficient data on known high water levels is not available, the
elevation of the line of permanent aquatic vegetation shall be used as tbe
estimated high water elevation. When fill is required to meet this elevation,
the fill shall be allowed to stabilize and construction shall not begin until
the property has been inspected by the Building Inspector.
This provision has since been amended, but the original text as set out above still .
applies to the plat until June 7, 2006, when the amende,d ordinance will then apply.
The second provision is contained in Section 5000.4, Subd. (a) which
applies only to lots containing wetlands and lots which have land within the
wetland buffer or setback areas. This subdivision slated:
EXHIBIT
1
I
B
12/21/16e5 15:59
763-4'37-2599
COURIMACARTHURRUPPE
PAGE e3/e4
The lowest ground floor elevation shall be three feet above the 100-year
flood elevation or four feet above the ordinary high water mark of public
waters regulated by Article 4900 (Shoreland Overlay District) of this
Chapter, whichever is greater.
This provision has also been changed, but the original text as ~et out above still
applies to the plat until June 7, 2006, when the amended ordinance will then apply.
There are no waters regulated by Article 4900 which relate to this plat, leaving
only tbe IOO-year flood elevation as the critical elevation from which lowest
ground floor elevations would be measured.
Randy Hedlund, the engineer for the Developer of the Prairie Run/Gold
Key portion of the Prairie Run plat concluded that there was no 100-year flood
level available and calculated the high water elevation for this plat at 948.5 feet
based on the location of permanent aquatic vegetation. It appears that Mr.
HedlWld made this determination for the purposes of Section 1000.9, Subd.(d).
The engineer made no attempt to calculate the 1 DO-year flood level.
Further, in a recent meeting with the Developer's engineer, he stated that he
calculated the high water elevation based on water coming from the east end of tbe
plat, and perfonned no calculations to show what the I DO-year flood level (or high
water level) would be from a flooding situation originating from County Ditch No.
9 which abuts the plat on the west. Apparently, SEH, the City's engineer
reviewing the Prairie Run plat, assumed that Mr. Hedlund's 948.5 figure took into
account the potential flooding situation from County Ditch No. 9 when SEH
reviewed the plat prior to approval.
SEH has recently realized that the an engineer for a culvert supplier with
whom Wright County contracted lo install a new culvert under CSAH 18 in 2000
has calculated a 100-year flood level of sorts in order to help detennine how large
of a culvert should be installed under CSAH 18. While this study was not a.
comprehensive study, it represents the only information available as to potential
flood levels in County Ditch 9, it was relied on by the County to size their culvert,
it was signed by a registered engineer and its method of calculation appears to be
sound given its limited scope. This study set the IOO-year flood elevation at 951.5
feet. Until a more comprehensive stUdy can be done, City Staff has detennined
the 951.5 number represents the most accurate estimate of the IOO-year flood level
for the Gold Key portion of the Prairie Run plat~ In addition, since the
construction of the cul-de-sac on the west end of the plat, City personnel have
already observed water at approximately the 949.5 level (one foot above
HedlWld's high water mark) during a recent rain event which caused County Ditch
9 to overflow its banks, and back up to the extent that it deposited fish in the cuI-
de-sac.
2
12/21/2e85 15:59
763-497-2599
COURlMACAR~PE
PAGE El4/e4
~~
,"
The City is undertaking a more comprehensive study to more accurately
determine the 100- year flood level for the Prairie run plat. This study is expected
to be available in early February. Until this study is completed, it is my advice
that the City should continue using tbe 951.5 foot elevation as the 100-year flood
level as it remains the best information available on this topic. .
Given the current 100-year flood level of 951.5. houses located on
residential lots in the Prairie Run plat which do not contain or abut wetlands and
do not have wetland buffer or setback restrictions on them would have to have
lowest floor elevations of at least one foot above the 951.5 foot mark. Lots which
contain or abut wetlands or which have wetland buffer or setback restrictions
would have to have lowest floor elevations of at least three feet above the 951.5
foot mark.
Many of the lots in the Prairie Run plat do not meet these requirements, As
to any lot which does not currently meet these requirements, we should not issue a
building permit. For lots upon which a building p~nnit hilS already been issued) it
is my recommendation that no cortificate of occupancy be issued if the lowest
floor elevation does not meet the ordinance requirements set out above based upon
a IOO-year flood elevation of951.5 feet.
It is my understanding that the Jot addressed as 5209 Kalenda Court N.E.
abuts a wetland and therefore must have a minimum floor elevation of 954.5 feet.
Its current floor elevation of 952.6 does not comply with City ordinance and
therefore no occupancy permit should be issued for this property until it is
detennined to be in compliance.
I anticipate that once the new flood study is complete the City engineer will
either confinn that the 951.5 elevation is the correct elevation or the City engineer
will detennine that a different number more accurately reflects the 1 DO-year flood
elevation. Depending upon where that number is sett additional building permits
and occupancy permits may be able to be issued. .
I would also suggest that the City contact all bui]d~rs who have pulled
building permits for buildings for which it appears that the buildings will not meet
the lowest floor elevation requirements and inlonn these builders that no
OCcupancy permits will be issued for such buildings unless they comply with City
ordinance.
3
FORM 104 CERTIFICATE OF REPRESENTATION AND PARTIES
State of Minnesota
District Court
COUNTY
Wright
JUDICIAL DISTRICT
Tenth
CASE NO.
CERTIFICATION OF REPRESENTATION AND PARTIES
**(ONL Y THE INITIAL FILING LA WYERlPARTY NEEDS TO COMPLETE THIS FORM)**
Date Case Filed:
Gold Key Development. Inc.
vs.
City of Albertville
This certificate must be filed pursuant to Rule 104 of the General Rules of Practice for the District Courts, which
state: "A party filing a civil case shaH, at the time of filing, notify the court administrator in writing of the name, address,
and telephone number of aH counsel and unrepresented parties, if known (see form 104 appended to these rules.) If that
information is not then known to the filing party, it shaH be provided to the court administrator in writing by the filing
party within seven days of learning it. Any party impleading additional parties shaH provide the same information to the
court administrator. The court administrator shaH, upon receipt of the completed certificate, notify all parties or their
lawyers, if represented by counsel, of the date of filing the action and the file number assigned,"
LIST ALL LA WYERSIPRO SE PARTIES INVOLVED IN THIS CASE.
LA WYER FOR PLAINTIFF
LAWYER FOR DEFENDANT
(if not known, name party and address)
Gold Key Development. Inc.
Name of Party
City of Albertville
Name of Party
Cindi S. Matt
AttyName (Not firm name)
Atty Name
(Not firm name)
Jolmson. Larson, Peterson & Matt. P.A.
Address
Address
908 Commercial Drive
Buffalo. MN 55313
(763) 682-4550
Phone Number
5975 Main Avenue N.E.
Albertville. MN 55301
Phone Number
269359
MN Atty ID No.
MN Atty ID No.
Michael C Couri*
Andrew J. MacArthur
Robert T. Ruppe....
COURl, MACARTHUR &
RUPPE, P.LLP.
Attorneys at Law
705 Central Avenue East
PO Box 369
St. Michael, MN 55376-0369
(763) 497-1930
(763) 497-2599 (FAX)
courimacarthur@earthlinlc.net
David R. Wendorf
Kristen H. Carr
Alison K.. ManvUz
.Also licensed ill millois
.. Also licensed ill CtlIifomio
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 100- 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 100-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 100-year flood elevation (City Code 11-7-5G). The lets t.11at do not
comply are Lots 5-28 and Lots 33-34 of Block 2. Of the 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 vi.olation 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:
EXHIBIT
I B
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 constIUction 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. Fer all lots that are currently vacant and L~at do not comply with t.~e ordinunce, 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 Staffhas 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.
Sincerely, ~
0. ~ /":~
'-1/7 "
;1 j/t. .~ C . -<>
Michael C. Couri
Couri, MacArthur & Ruppe, P.L.L.P.
Dan Biersdorf, Attorney
.
Rx Date/Tile OCT-04-Z00~[.ON) 14;50
10/04/"4 15:01 FAX 320 229 4301 SEW
320 229 4301
, .
.~
'.D02
liD aOZ/DD3
WRIGHT SOIL AND WATER CONSERVATION DISTRICT
.
October 1. 2004
Todd Udvig
SEH .
353S Vadnais CeDter Dr.
St. Paul, MN 55110-5196
Dear Mr. Udvia:
R.B: Prairie Run
306C Brfghton Avenue
Iutfl.lo. MlMM0t8 S5313
Telephone ('183) 882.1_
..1970
Fax. (763) 682-0262
We have reviewed the supplemental infurmation provided to the TEP and have the CollowU11
commem:s aDd conccms.
1. There was DO documeuta1ion alOJll with the alterDate plan showiDs 110 wetland impacts.
they should either build tbis plan and avoid wetland impacts. or provide docuO'Mttadoll
. as to why this plan does not work:. This is to fUlfill sequencing requirements in Chapter
8420.0520.
2. The stOllllWlter caJcuIatioDa presea.ted do DOt ccmsfder the water comiDg in wm ofFsitc
. throup the culvert under CouDty 1084 19. TJaiJ c;uJvert drIiDs a DNR.Protcaed WIler . .
and has tbe pot~t1aJ to inUoducc lqe IIDOUDtS ofWltCf into the stonDWater systom. We
understaDd that tbis water will SO throuJh IDOther stol'IIlW&tCI' pond Oil tho Idjaceat .
commcrcia1 site to the east. howeYa'the water shauJd be accounted for in the ItOrmwater
desip. for both systems. We arc coocemecllhat the poad may DOt operate u desipecJ
becaaIc oftbe velocity ottlow tbrouJh tho ponc1 and the posaDility of resuspcadmg .
sedimODt. .
.3:_ Vf.~:::fecl.thattba!M"QfN~I~~~~~~~~J.
hIS ideqUateIy adcJressed. .l~ Itonnwater ca1cu1~,,", provicJed do not praeut ~
coastnlCtioD CODcJitiOas so we CIIUlOt ~ pre ~ post c:onditioa&. We beUeve that
the rM'Uli""'B aecdoDs of dkah wDllikely route WIter away fiom w<<Iuds ad mftiaation
areu. We think coDlideration ihouJd be pell1D the possibility of cJotbls lip the
remai~"I cIitch sections to allow water to Sow tJuoush me entire wetlaad IIa ratba'
thlnjust aJoDa &Del out tbrousI1 the ditch.
4. The ditch sectiou fIowloa to the culvert UDder 1&10&1 Ave is quite deep ad CODtOUll were
DOt viIl"bJe OD the piau.. We wou1cllib to see men dctIil 011 tile pond outId JtJ'UCtIn in
thiJ IfCL We wot.Ikl abo. to mmdon that It may be DOCOIAI)' to COftA4H 0p1t'~
this pond to the wetlaDd to prcMde adctitioaal hydrology. depeadiDa on whit the
caleuhIdou show 1br IOUlW of'hydroJosy. 1"he water aoiD8 to dds poad previously went
to the wetland. but is now proposed to bypass it ItJ'Ifght to the ditch.
.'
EXHIBIT
I
c
~aoo 'd
gg:€L (flU)~-~0-AVW
.
Kx Date/Tile OCT-04-2004(MON) 14:50
10/04/0~ 1&:01 FAX ~20 228 ~301 SEH
320 229 BOJ
P.003
iii 003/003
".
Mr. Todd Udvig
October I, 2004
Pqe2
5. I belieVe the City of A1bcrtviIlc his a WetlaDd Buffer Or6itWtce that is not reflected In
the plan.
6. We would also like to SOBSest to 1be city that the wetj.ftdt. mitiptiOD areas, and
. stor.mwater poDds be ClU-"'od in oudota rather than in indivichJa1lotl. This would help
to preYaIt problemJ dowa the RNId in sevnl ways. FJBt, CODIideratioa should be Jiven
to bow ItorIIIWIter poDds will be ~SeCI tor m';~PCe. AlIo.1bture ladowncn Wilt
want to access aDCl utilize areas orproperty they OWL Oftea, landowDers are not aware
ofRStricdons.1Jlaced.OQ..**...,o.r_.....,.t.JWIj~~. .Wo......._ .
see ~ panicu1Ir problem witJa tbe three Iarp lots in the NE comer oftbc plan. nesc Jots
have uptaDd areas located OIl the other side of'the werbtl!ds Iocalcd on the Iou. We feel
these lots arelUghly li1ceIy to become a problc= to the city tor enf~ in the tbture.
If the city decides to leave these b1 Jots, we feel sips iboWd be placed It lot comers of
wetland, buffer, or pone! eascmeDt edges. . Also. deed restri~ollS and declaration of
RStzicdODlIrad CCMlDIIDtlllboukl be coa&med Wore I11Y lots could be sold.
7. One fiaal. but most impol1:lDt DOte of caudoa. Our ollce ptmtamll concemcd about,the
iloodiDg potemial with repn:Is to .ditch 9. We haw: seen this whole area back up and
t100d whcD ditch 9 backs up. We think that the city should do a comprehensive
hydroloJic study of ditch 9, fDdudiDa everytbiDs that drains'to it. to detctDJine flooding
potentia! and review possible opportuDities tor remectial measures.
SiuccreIy,
~ {)Jl>>-
Colleen Allen
Resource ConservatioaiJt
- -~:_~~~~. ... - . ....... ."-
~Eldov, Svoboda Ecological ResoUrces
Bandy Hedlund, HedhJDc:l EDgiDeering
,
,. . -- .- ..-
SNQ(lt ELun" IolF.NDRlCl<SOM
s..ftlT rl "1...., ...
__.. ._. .~r 'i.VII_~. ,..:.:....