2004-09-16 Written Notice of DecisionMichael C. Couri*
Andrew J. MacArthur
Robert T. Ruppe•~
David R. Wendorf
Kristen H. Carr
*Also licensed in IIlinois
**Also licensed in California
September 16, 2004
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
Michael Potter
11650 57`h Street
Albertville, Minnesota 55301
Re: Notice of the City of Albertville's Exemption Determination Pursuant to
Minnesota Administrative Rule 8420.210
Dear Mr. Potter
Our office acts as City Attorney for the City of Albertville. The purpose of this
correspondence is to provide you with written notice of the City of Albertville's decision
on your Minnesota Wetland Conservation Act application for an exemption pursuant to
Minnesota Rule 8420.0122 subpart 8.
The City of Albertville acting as the responsible local government unit has determined
that by operation of Minnesota Statutes § 15.99 your application for an exemption
pursuant to Minnesota Rule 8420.0122 subpart 8 is approved. Attached please find a
copy of the findings adopted by the City Council at its meeting on September 7, 2004.
The decision of the City maybe appealed to the Board of Water and Soil Resources
pursuant to Minnesota Rule 8420.0250.
In a related matter, it is my understanding that you have recently presented the mylars for
the plat of Potter's Commercial Park as preliminarily approved by the Frankfort Town
Board to the City for signature. Based on the information our office was able to gather in
analyzing the approvals granted by Frankfort Township and the applicable Frankfort
Township and City of Albertville ordinances, it is my advice to the City that any
preliminary or final plat approvals granted by Frankfort Township have expired.
The City Council choose not to reach this issue in granting your wetland exemption
application. In discussing this issue with Jack Perry, he seemed to believe that some of
the Council members indicated that some measure of plat approval may still be valid.
Given the somewhat unique circumstances surrounding your plat, you may want to bring
Michael Potter
September 16, 2004
Page Z of 2
this issue directly to the City Council for consideration. However, given the information
I have seen to date, I have not been able to find a basis for concluding that the. plat
approval(s) granted by Frankfort Township would satisfy Albertville's subdivision
ordinances. If a basis cannot be established, I believe that you would need to apply for
preliminary and final plat approval under the City's current ordinances. I would be glad
to review any additional information you may have regarding Frankfort's approval
process that may bear on this issue.
Sincerely,
Michael C. Couri
Couri, MacArthur & Ruppe P.L.L.P.
cc. City of Albertville
Jack Perry