Loading...
2000-11-20 CC Agenda PacketALBERTVILLE CITY COUNCIL AGENDA November 20, 2000 7:00 PM 1. CALL TO ORDER — ROLL CALL — ADOPT AGENDA 2. MINUTES a. October 30, 2000, City Council Meeting b. November 8, 2000, Canvassing Board Meeting 3. CITIZEN FORUM - (io Minute Limit) 4. CONSENT AGENDA a. Approve payment of claim b. Resolution #2000-36 (A Resolution Certifying Uncollected Sewer and Storm Water Bills to Wright County for Collection with Real Estate Taxes) C. Special Order No. 5 — (Public Hearing to Amend the Ordinance to Extend the Hours of Liquor Sales on Sundays) 5. DEPARTMENT BUSINESS a. Public Works 1. Report 2. Waste Water Treatment Plant Report b. Planning & Zoning 1. Reclassifying School and Mud Lakes c. Fire Department 1. Fund Raiser(s) d. Engineering 1. Update on 57th Street and Lambert Avenue Intersection Albertville City Council Agenda Monday, November 20, 2000 Page 2 of 2 e. Legal 1. Resolution Approving Special Ditch Legislation 2. Beaudry Litigation 3. Amendment to Cottages of Albertville Two Association Documents 4. Insurance on the Barthel House f. Administration 1. Letter from City or Council Requesting a Revision of 2-year Contract for Additional 8-hours Police Coverage 2. Snowmobile(s) and Snow Fencing 6. ADJOURNMENT 0 ALBERTVILLE CITY COUNCIL CANVASSING BOARD November 20, 2000 Albertville City Hall 6:30 PM PRESENT: Councilmembers Bob Gundersen, John Vetsch, Gary McCormack and Deputy Clerk Bridget Miller Acting Mayor Gundersen called the special meeting for the purpose of canvassing the Mayoral Recount conducted on November 16, 2000. McCormack made a motion to accept the challenged ballots as undervotes. Vetsch seconded the motion. All voted aye. Vetsch made a motion to approve RESOLUTION No. 2000-39 titled CANVASSING THE MAYORAL RECOUNT as amended to read 246 undervotes. McCormack seconded the motion. All voted aye. McCormack made a motion to adjourn at 6:36 PM. Vetsch seconded the motion. All voted aye. Bob Gundersen, Acting Mayor Linda Goeb, City Clerk L� ALBERTVILLE CITY COUNCIL MINUTES October 30, 2000 1. CALL TO ORDER — ROLL CALL — ADOPT AGENDA PRESENT: =Vetsch, hn Olson, Councilmembers Keith Franklin, Bob Gundersen, Gary McCormack, City Engineer Pete Carlson, City Attorney Mike Couri, City Administrator -Clerk Linda Goeb, and Secretary -Deputy Clerk Bridget Miller Mayor Olson called the regular Albertville City Council meeting to order. The Agenda was amended as follows: • Add Item 6b(4) — EAW — Towne Lakes Development • Add Item 6b(5) — 57`h Street Overlay • Add Item 6d(3) — Resolution 2000-37 Gambling License • Add Item 6d(4) — Vacant City Council Seat Gundersen made a motion to approve the agenda as amended. Franklin seconded the motion. All voted aye. 2. MINUTES Franklin made a motion to approve the Monday, October 16, 2000 meeting. Vetsch seconded the motion. All voted aye. 3. CITIZEN FORUM Mayor Olson asked if anyone present wished to address the Council under the Citizen Forum portion of the agenda. Judy Hanson addressed the City Council regarding the petition that was scheduled on the October 16, 2000 City Council Agenda. She clarified as to what the petition was for. The neighborhood residents would like a Stop Sign put up Kalland Drive NE. The number of residents with children in the area has increased and there is concern for the speed of vehicles going through the development. They are hoping that the Stop Sign will slow if not "stop' the speed of the vehicles traveling through. Franklin made a motion to have the City Engineer look into the area and report back at the next City Council. Gundersen seconded the motion. All voted aye. Mr. Dwinnell has a lot in the Hardwood Ponds Development. They would like to build a walkout or lookout house on the lot. They are concerned with the retention pond in the rear of the lot. The homes on either side of their lot are 2" lower than positive elevation. Mr. Dwinnell is looking for some direction from the Council if that would be possible. Bill Braun is one of the residents in the Hardwood Ponds Development. In 1988 is when the retention wall was built. He hasn't seen to much concern with the flooding from the retention pond. Franklin asked the City Attorney about the City's liability issue if we let the lot owner build the walkout/lookout. The City Attorney commented that if there were flooding caused by Mother Nature the City would be exempt from the liability. But if the pond were to become plugged or something similar the City then would be liable. Vetsch made a motion to approve the building of a walkout or lookout that is 6" higher than the existing house elevations. Franklin seconded the motion. All voted aye. City Council Minutes October 30, 2000 Page 2 of 4 4. CONSENT AGENDA Gundersen made a motion to approve the consent agenda. McCormack seconded the motion. All voted aye. 5. SPECIAL ORDER Heidi Peper with the Economic Development Partnership of Wright County updated the Council as to what they offer the City. She touched on the subjects noted in the Third Quarter Report. She informed them there is a Web Page available for viewing. 6. DEPARTMENT BUSINESS McCormack made a motion to approve the Public Works Report and for the City to replace the retaining wall with a keystone retaining wall. Gundersen seconded the motion. All voted aye. City Engineer reported on the process they were considering regarding the sludge at/near the WWTF. It is in Change Order No. 2. Gridor Construction has offered to incorporate the sludge from the bottom of the pond into the topsoil around the site, as part of this proposal. City Engineer reported that the granular material not located in bottom of pond must be hauled in at a cost of about $2000. Testing and permitting from the PCA is not included in the price. Gundersen made a motion to approve Change Order No. 2 in the amount of $14,950. Vetsch seconded the motion. All voted aye. City Engineer handed out an update on the I-94 Ramp costs. $2-2.25 M. $289,000 to get it out to bid. Waiting for MnDOT to do corridor study. City Engineer brought to the Council's attention that there are a couple resident's in Albertville that have delineated wetlands in the rear of their lots. Some of the resident's have been maintaining them. According to the DNR they are to be left as is. City Administrator -Clerk to get letters to property owners regarding this issue. City Engineer updated the Council on the EAW report on the Towne Lakes Development. It is explained in Resolution No. 2000-38 — negative declaration. It is one more step in the process, but still waiting for more information from the DNR. Gundersen made a motion to approve RESOLUTION NO.2000-38 Negative Declaration. Franklin seconded the motion. All voted aye. Franklin asked the City Engineer about the 57t' Street Overlay. Is there going to any more done to it? There seems to be a considerable amount of water sitting in the street/sidewalk. He is concerned with the winter season coming up and the water freezing and a vehicle not being able to stop and possibly hitting a pedestrian. City Council Minutes October 30, 2000 Page 3 of 4 City Engineer will look into the elevation shots and report at the next City Council meeting. City Attorney went over the agreement to allow the installation of municipal improvements in the Albert Villas Third Addition. He brought it to the Council's attention Section 9(D) of the agreement — stating the developer's "understand and agreement to the installation of the municipal improvements will be at the Developer's risk ...." McCormack made a motion to approve the Agreement for Installation of Municipal Improvements in the Albert Villas Third Addition. Franklin seconded the motion. Olson, McCormack, Gundersen, Franklin voted aye. Vetsch opposed. Motion carried 4-1. City Attorney let the Council aware that court dates have been set regarding the planting of grass issues. Public Works employee, Tim Guimont had informed him, that it appears in fact grass was planted and mowed. The other two cases are the Cornell's and Wilkinson. McCormack made a motion to dismiss the three- (3) lawsuits regarding the planting of grass. Vetsch seconded the motion. All voted aye. Vetsch made a motion to approve RESOLUTION NO.2000-32 Amending Sanitary Sewer District No. 1 and Determining Sanitary Sewer Trunk Access Fee. McCormack seconded the motion. All voted aye. McCormack made a motion to approve RESOLUTION NO.2000-33 Establishing Municipal Water District No. 1 and Determining Municipal Water Trunk Access Fee. Franklin seconded the motion. All voted aye. Franklin made a motion to approve RESOLUTION NO.2000-31 Amending Sanitary Sewer District No. 2 and Determining Sanitary Sewer Trunk Access Fee. Gundersen seconded the motion. All voted aye. McCormack made a motion to approve RESOLUTION NO.2000-34 Establishing Municipal Water District No. 2 and Determining Municipal Water Trunk Access Fee. Franklin seconded the motion. Olson, McCormack, Franklin, Gundersen voted aye. Vetsch abstained. Motion carried. City Administrator -Clerk went over the Insurance Quotation for the City of Albertville. She informed the Council that Arlan Middleton was unable to attend the meeting. It is the basic Insurance that the City generally carries. McCormack questioned about the loader that is on order. When will that be delivered and is that on the Insurance Quote? City Administrator -Clerk said the loader would be here sometime in December. At that time we would put it on the insurance. She would check with Arlan to get a price for the next City Council meeting. City Council Minutes October 30, 2000 Page 4 of 4 Gundersen made a motion to approve the Insurance Quotation for the City of Albertville. Vetsch seconded the motion. All voted aye. Mayor Olson asked the Councilmembers if they wanted to proceed with Otsego on the Sanitary Sewer issue. Gundersen did not want to proceed at this time. Vetsch was in agreement and did not want to proceed either. McCormack also did not want to proceed at this time. Franklin prefers to annex in the "triangle" and work at neighbor. Vetsch did comment that it would be a benefit to both communities. City Administrator -Clerk will draft a letter with the Council "wishes to develop plans for property" in City prior to further discussion. Franklin made a motion to approve RESOLUTION NO.2000-37 Gambling License. Gundersen seconded the motion. All voted aye. Councilmember Gundersen brought to the Council's attention of a vacant seat coming up. At the end of the year Gundersen will be moving out of the City and his seat will be open. He suggested advertising that the City will be accepting letters of interest for the open seat. Appointment will be at the end of the year. All agreed that an ad be placed in the Crow River News accepting Letters of Interest. 7. ADJOURNMENT McCormack made a motion to adjourn at 9:03 p.m. Gundersen seconded the motion. All voted aye. John A. Olson, Mayor Linda Goeb, City Administrator -Clerk ALBERTVILLE CITY COUNCIL CANVASSING BOARD November 8, 2000 Albertville City Hall 5:00 PM PRESENT: Councilmembers Bob Gundersen, Keith Franklin and John Vetsch, and Deputy Clerk Bridget Miller Acting Mayor Gundersen called the special meeting for the purpose of canvassing the Municipal Election conducted on November 7, 2000. Franklin made a motion to adopt RESOLUTION No. 2000-35 titled CANVASSING THE GENERAL ELECTION as presented. Vetsch seconded the motion. All voted aye. Vetsch made a motion to reconvene the Mayoral Recount results to Tuesday, November 14, 2000. Franklin seconded the motion. All voted aye. Franklin made a motion to adjourn at 5:23 PM. Vetsch seconded the motion. All voted aye. John Olson, Mayor Linda Goeb, City Clerk November, 2000 Bills Name Invoice #/For Amount Due Affordable Sanitation, Inc. 1114 - Central Park 77.30 Albertville Body Shop Inc. Repairs-'89 Chev-GMC Truck 26.97 Allina Medical Clinic Tim Daly -Hepatitis B Inject & past due 130.00 Anoka -Hennepin Technical College 00009590/00009225/29762 1,808.56 Aramark Uniform Services 182.24 Buffalo Bituminous, Inc. 94656 450•00 Carquest Auto Parts Stores 198.67 Choinard Office Products Tickets 4.88 City of Monticello Animal Control Charges 198.00 Court & MacArthur ? Crow River News 230.00 Crow River Rental #1 152103 101.07 Crysteel Truck Equipment 65970 308.91 Danko Emergency Equipment 334467/335204 112.07 Davies Water Equipment Co. 2,104.47 Design Electric, Inc. Payment #3 (Final) 6,880.78 DJ's Total Home Care Ctr Fire Dept 2,382.47 DJ's Total Home Care Ctr City 599.38 Don's Auto Service, Inc. 251.59 Earl F. Andersen, Inc. 28212, 28316 504.15 Eggen's Direct Service, Inc. City 403.64 Eggen's Direct Service, Inc. Fire Dept 11.59 Electric Pump, Inc. 0015577-IN 5,318.61 Federated Propane Gas 342.20 Fehn, Dennis Gravel & Excavating Statement dated 10/10/00 53,260.23 Fehn, Dennis Gravel & Excavating Pay #1-2000 Barthel Drive Improvement 24,964.67 Firstar Trust Services 567775 486.76 Gridor Construction Pay #3-WWTP Modifications 277,260.00 Gruys Borden & Carlson Services through 10/15/00 20.00 Harvest Printing, Inc. 7335 228.02 Hawkins Water Treatment 302168, 300635, 301303 6,167.13 Initiative Foundation Pledge -final payment 1,000.00 Kramer, Randy Excavating Payment #7 (FINAL) 16,572.64 Lano Equipment, Inc. CREDIT -5.69 League of Minnesota Cities Membership Dues 307.00 League of Minnesota Cities Ins Trust Annual Premium 29,051.00 League of Minnesota Cities Ins Trust Premium options 3,344.00 Menards-Elk River 31250239 28.53 Menards-Maple Grove 31370265 33.27 Middendorf, John Dial scale for Polymer 28.75 Midwest Analytical Services 116364 126.00 Miller, Bridget Mileage -Election Ballot pickup 30.45 Minnegasco 1,681.74 Minnesota Dept of Public Safety 99 Trailer License Fee 10.00 Monticello Animal Control 183 72.00 Newman Traffic Signs I-0058194rrl-00578941TI-0057852 minus (57.94) credit 309.62 North Central Laboratories 111001 37.66 Northern Tool & Equipment Northwest Associated Consultants 19290636 96721 57.46 500.00 One Call Concepts, Inc. 1000831 67.20 November, 2000 Bills Name Invoice #/For Amount Due Pat's 66 65.72 Pitney Bowes Credit Corporation 0300939-NV00 317.20 Premier 94 Truck Services Inc. 39447/39452 704.73 Purchase Power (Pitney Bowes) Postage Meter 515.00 St. Joseph Equipment Inc. Wheel Loader Purchase -1st of 5 Annual Payments 27,616.93 Sentry Systems Inc. 246225 89.07 Shin obee Builders Payment #9 (Final) 1,000.00 Short Elliott Hendrickson Inc. 069105, 069893 29,800.69 Steffens Bros. Meats Fire Hall Open House 269.38 Superior FCR Landfill, Inc. Ticket #195313 54.88 Temporary Assets IN-53982 605.63 U.S. Filter Distribution Group 1,955.20 Verizon Wireless 49.50 Waste Management-TC West 159-0075805-1593-5 119.08 Welter's Inc. 29.47 Wright County Auditor/Treasurer Sheriff Patrol -November 9,333.00 Wright Recycling, Inc. October2000 1,715.00 Xcel Energy 11200 60th St NE (sewer lift station) 83.54 Xcel Energy 6451 Maclver Ave NE (sewage plant) 1,126.71 Xcel Energy 11474 59th Street NE (park shelter) 7.99 Xcel Energy 11401 58th St NE (rink/ballfield) 73.94 Xcel Energy 6002 Main Avenue NE 9.02 Xcel Energy 5964 Main Avenue NE (town hall) 70.42 Xcel Energy 5975 Main Avenue NE 118.48 Xcel Energy 5799 Lander Avenue NE (civil def. siren) 3.14 Xcel Energy 11830 51st Street NE 22.68 Xcel Energy PO Box 131 3,114.11 Xcel Energy Xcel Energy 11942 52nd St NE 63.75 Total Xcel Energy 5998 La Beaux Ave NE 20.12 4,713.90 Total of November Bills i 517,220.37 4b CITY OF ALBERTVILLE RESOLUTION # 2000-36 A RESOLUTION CERTIFYING UNCOLLECTED SEWER AND STORM WATER BILLS TO WRIGHT COUNTY FOR COLLECTION WITH REAL ESTATE TAXES WHEREAS, the City Council is desirous of collecting all charges for the use of the wastewater treatment facility and the storm water system; and WHEREAS, the City Council has determined that some sewer and storm water accounts remaining uncollected and delinquent. NOW, THERFORE, BE IT RESOLVED the City Council of Albertville, Wright County, Minnesota, hereby directs the city clerk to certify all uncollected sewer and storm accounts that have not been paid to the City on November 20, 2000, to the Wright County Auditor for collection with real estate taxes. BE IT FURTHER RESOLVED, the City Council hereby orders that delinquent accounts certified to the tax rolls will be assessed an eight percent (8%) interest charge upon certification and the total assessment will be collectible along with the 2001 taxes. ADOPTED BY THE CITY COUNCIL OF THE CITY OF ALBERTVILLE THIS 20T" DAY OF NOVEMBER, 2000. John A. Olson, Mayor Linda Goeb, City Clerk uO\,O v1N v)\.OMNI-O.-+-- InInN%0r-a,r-w t�MInr-w\.00NNt-O,NON u 00 In 00 rt O� o\ t- 00 In In °\ In M N N M IO O\ �-+ .-• [� T �o .-• O\ et -� �--� O 01 00 0\ Ic G In°� t- N oo\O vlM n�0 t-Z ICMO.--�07.--��G O\ v)O\ �0 oc OID cV-4 t-:CM oo 9 '0 M O = v) t` Vl v) CD IO M N O °) tV 't .-•I M CD t- 0) N IO as t` IO In N N w m 7 .-. M .-. ... .r ty v) 't IO IO t- — C� t- In .-. .--i M 00 �O .-• 00 In M .-• 7 rQ u u d w b C> O t— 00 00 v) et 00 \0 t— t- �O O o\ en O N " In � O ID -It en 00 �O �O In In ONN O O _O �O O O \0 v) ,� oo t`� r n �� �o rn \0 Q,I 00 0 0 0 0 0 0 0 0 0 0 0 0 0 0M'I O O O O b 0 0 0 0 0 0 0 0 0 0 0 0 0 0 M M M en M CO)(n en t+1 enIn en en en en en M t+) en en M en en M M cn en M M M M M M M Inv) In In Inv) In v) v) In In In In In In In In In An of In v) v) In In In In WI) InIn In M In 1n In In In In In Inv) Inv) In In In In In In In In In v) v) In In In In In In In In v) In v) " In In v) u an q .4:.0 >'>'>>> >>>�S'>>5o>>>>>>>> 5'>'>'>'>>5 U�t:t: r. zz�z �zt:V.v z az �zt�zzz �aaaaa�aaaaaaaa��aaa�aadaxaaaQaaaaa z Qo •¢ I-ocad♦10 'I¢ d.„aoli Utn OIn�a � .o, Q q>❑q>p.au�l ¢�Q° da 4Su °)�0>U 4) U 'iacn r&nJC rau°irIAn� �t� o oU vcauii R�8 oa'�°a In IIn v V�/ U In In OO_vU In o ,s1 .. In IT ON°)O ISO of 3Na-+"0 O0 OMt—a, V1 OO InM[� N N MN t— t1- et 00 In M d' 00 [� t� °) IO 00 M [� 01 t— 00 IO t- v) O) 10 l� a0 t N M d' In IT \0 �' M O) °\ -' t` N N '.. .-..-+ yyd \O In N In �D \0 .� ...I �-r .-•� In �O .-. M .� In N .•. M .-. It = In .� .-. �O "0 � v) In ^I .""I .-I H In In In v) In In .r .--I M .--i V) v) .-I .-+ .r In In .-. .--� "" v) .-+ In "'I •--� v) In I'D N W ai � M I �+ •� o44 O O a3i O V- -- wInt�OetItN•- <D -+(2)\OInOOMIn01MN InMMMCD -+� I I I I I I I I I I I I I I I I I I I I I 1 Z O O O O O O O O O O O O O O O 0 0 6 6 6 6 0 0 6 0 6 0 6 0 0 0 0 0 0 0 w I I I I I I I I I I I I I I I I I I I I I I I I I 1 C 00 V)000 OO"MO)M v)N Ic t-00001O t�M toW-o\00<D tV _M v)�OO V) O °) O_ O_ N_ N_ M M_ �t et tp IO [� 00 N O O M v) 00 '0 tD 00 O_ N_ M_ M [� � Q) O N 0000 S •--IN MM-0CDC OO N O O O O O O O O O O O O O O O O O p O O O O O O C. O O O O O O O O O O u 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 C. 0 C. 0 9999 I I I I I I I I I I I I I I I I I I I I I I I I I I I 0000000000000000000000 --�--I �--I -�N O '7 � � � ^y Q 5� 'U � Yqy N p •� Q v� a ,��„ � � N O � •r•n Ci � � N '� N tiO Qi 14 CN. 0 ,� lY" O .� 0 j0 tln,1, .a °c7w�1wI go p�4UC'w'w1: >pg0.r'xwAwxxOCoEn3? Aa ILI In QCd wc� � log AMU ° °�xFlc7O�rC(4�iI° �a�Hv�uHI, 0 o'tvl1*Ot-0et%0�oknW)ONOIttC>mON%00 wo o(11 nOlo0"7et C.aNr- ONtn u N N M M �-+ M O Vl O �O d• N O Ol .--� N 7 00 00 N M �O O O Ol N M et � M O Vl N O tl- 0 vi O� o0 00 �6 N O� O, 00 O 00 N C, 00 ON O, O Ol oo N Cl 00 cn M O O O_ oo V �n A vl M t- CS CD Vl %O N O �D �O pp 00 [h 00 00 v'1 �O w t- n m 0o ON �0 M .-. Olt.--.knIt00r-en 'Its o%Oet•--� Ol[�etvlN��+V et�M�-+ �d'N N`r y u u Q u 7 V oC14oC14clo _N t`00 kn M M M M M M �p � b M to M M to M %n %n to M kn M M vi M Wl M M M Hl to kn W) M M M kn M W f M M M W" M M wl Wl Vl V) Wn vl to to In Wn to vl to vl to qn Vl vl vl qn vl . .W) kn kn... vl tn .... to kn 1n wl " �n v1 V1 �n vl v1 �n vl v1 �n Vl v1 �n �n �n �n v1 �n vl Vl v1 v� v'f vl �n In �n �n Vl �n vl �n vl v't V1 41 w 'je_ �'�j,1 ��j7�J�1, ��f7�je, �'eJ, ��f' 1 ze �je, `��••1 �"Je, �z1 'fe� ��f7, �"Je, ze J4 U .O. .2 .2 .2 .9 .2 .2.2 .2 .2 .2 .2 —0 .2 .2 .2 .2 .2 .2 .2 .2 .2 .2 .2 .2 .2 .2: 2 .-..2 .2.2 w aaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaW g q q U iO% U > > a� u u.� > > $i u > 8'i u d,�•... aui a°�i g ^oAAA�AA n �rnA UiGO on GO i° Ov cyr-rnn ca � 0 0 uN v v v rn v� r�yy �{�]i .1�y-y� p 'b b 00 Cp Ci0 00N N 78 t, ^�-' U) N7O,O,W) t- �OOsMt-Or-vqN"et-nOknO�oM�1Ovi'wit�Ot-Mt-�T'O l� Nt--N MN t-vl 00"M 000 t-t-— * �000"O to O"%O%D M et M et M N en M N tl- �O%00000 00Cl0 Wn CD_ t- O1 V1 0Ol OOONNN Vt (D CD �D %D %0 �D %O l0 -n kn In .--� .-. — .-. Vl " In— .•-� l0 .•-. .•-� " .-. " �D 1�0 .--• .••. 1.0 �0 V) to .-• — N Old[�Mt-v1I0O1—wt-Moo000.-.MN9v1v1opC 00i N z 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 C 4 O t` A t` N O O N ck Vl Ol 4 M N N 4 O.+ N 7 4 4 et oo Ol A %D a, vl Oo N to M .77t�O10_O__M_MM_d'OOO�OM tl�Ol�ooOlOO1O1 OOO101O10MO00001 0000 .� NNNNNNNNNMMM�� V v1�0�0�0�0 u 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 p O O v 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 N .... N N ........... N N N N N N N .......... O q N J� >` a iaox3 HHE-ago 0.40Q u 0 u m 0auaH.4 azm0v�a '2 q N >, v 0 0 U fs. ►-, A A 6 9 �S ►1 U C7 .01 0 �, .01 to A C7 ., .o N � nNwr--%om"t-NONa,w � --M ... pp et— ON O kn �ON(4 mot' t` C Nn-6 Ml6 v)O eth wi �O en M .� M w u u Q u 'C U +a+ ON a°00000Nr°lv0000000 0 M M M M M d• !t M M M M M M M V) V) V) Vl Vl Vl H Vl tf) Vl V) V) V7 VI en Vl V1 V) V) Vl Vl Vl in V) Vl Vl Vl V) Vl V) V) O O C aaaaa� aaaaaaa � a a > > >79 > > 3 3 0 0 0 0 0 M� rn rnGn ¢¢ _o QCQ� ti Rn(=ziz O enC) O[�0000`NV �O� O M M M M 000 N N M N N O OOOOO�N�N�N�O� O N �\ N M V) O � > 0 COD t M �O lO OO OIL VI 1.0 �+M 00 Om Z 0 0 0 0 0 0 0 0 0 0 0 0 0 0 00 fa�t�rloof.V 6ck<no04en A00 O 7010 MM*It0000N��t�f' l� [� C- t- O O O O O CC [� u 0 0 0 0 Cl 0 0 0 0 0 0 0 0 00 t? 0 0 0 0 0 0 0 0 0 0 0 0 0 O Q N (V (V N N N N N 0 0 0 0 0 0 N O N z 00 0 > 48 c�� •d .�tyat'� .d N N N UwHHxao4wAxa; 3 Z >, 00 Va le � izu � � n:a�aa o •,t�aaCc� pG M y, d a, CITY OF ALBERTVILLE COUNTY OF WRIGHT STATE OF MINNESOTA ORDINANCE NO. 2000-5 AN ORDINANCE AMENDING ORDINANCE NO. 1998-5 SECTION 2 (A) EXTENDING SUNDAY ON -SALE INTOXICATING LIQUOR SALES The City Council of the City of Albertville does ordain: SECTION 2. INTOXICATING LIQUOR: SUNDAY SALES,• ON -SALE (A) A restaurant, club, bowling center, or hotel with a seating capacity for at least 30 persons which holds an on -sale intoxicating liquor license may sell intoxicating liquor for consumption on the premises in conjunction with the sale of food between the hours of 11:00 a.m. on Sundays and 1:00 a.m. on Mondays. This Ordinance shall take effect upon its passage and publication. ADOPTED BY THE CITY COUNCIL OF THE CITY OF ALBERTVILLE THIS 20TH DAY OF NOVEMBER, 2000. John Olson, Mayor Linda Goeb, City Clerk 5,.q.411% CITY OF ALBERTVILLE MEMORANDUM TO: Mayor and City Council FROM: Tim Guimont, Public Works Supervisor DATE: November 17, 2000 SUBJECT: PUBLIC WORKS REPORT ■ PUBLIC WORKS BUILDING/OLD CITY HALL — I have been soliciting quotes for new garage doors for the shop. ■ STREETS — No parking signs have been placed on the north side of 57`h Street from Lambert Avenue to Main Avenue. I had some of the streets in the old part of town swept. ■ SNOWPLOWING — The new loader is here! I would like to hire Rich Simon of Albertville for the part-time snowplow position. TG:bmm 5-a,--1 CITY OF ALBERTVILLE MEMORANDUM TO: Mayor and City Council FROM: John Middendorf, Water Department DATE: November 17, 2000 SUBJECT: WWTF REPORT WASTEWATER TREATMENT and WATER DEPARTMENT: I'm having a hard time meeting the total phosphorous limit. Both October Samples failed by a small amount. I switched to Ferric Chloride late October, which did not help. I had to start adding a Polymer with the Ferric, which seems to be working well. Samples on November 7, 2000 passed. The Water Treatment Plant will be starting up soon. I need to know if we are going to bill for Sewer. Currently we are not being billed for water. Joint Power might start billing us for water is we bill them for sewer. They plan on an average flow of 5,000 gallons per day with a peak flow of 15,000 gallons per day. They will be pumping this water at 85 gallons per minute into our sewer. This will be an added load for the Sunrise Lift Station, the main lift station and the treatment plant. Keep in mind that the two -pond treatment system is design for 150,000 gallons per day and October's daily average was 269,000 gallons per day. MAINTENANCE Main Lift Station: New pump in and running; changed oil in pump #2 Clarifier: Changed oil in both gear boxes; cleaned and adjusted chain on clarifier drive. Aerators: Greased and tied up power cords. Polymer Feeder: Cleaned up and started. Industrial Park Lift Station: Greased, changed filters, checked air -compressor. Sunrise Lift Station: Changed oil in both pumps, #1 Pump was plugged by a rock. Continuing to do daily, weekly and monthly duties. JM:bmm Bridget's \\Second\c\My Documents\Public Works Reports\WWTPR-1 1-1 7-OO.doc B � �2 2w wLU 2z eo wZ 1%w L� �■ « 2q F3 w ■ zB �a_Ln s <z < U<to< / k § B � ■ 0 ■ § k ■ m d) W W Q O W Lo Q Z tr) O Z W •V Q > to W rn a Q � Q H0 za LULU Q z LU Q. NH� O LL Q LULU f- z Qa 3N 2 w W Z U) ►. 7 � z2 2w ©■ w �o � w� \Lu LULF) ■� « 22 � R It k @ / 2 2 0 2 ■ � 0 z 0 k ■ w a 0 0 a 0 Z LO Z m Z w w a IL Q L Q F- a �O za ww �a �O Qz_ wa �O aZw Q0 3w wO �a Qa U 0 9 J C V lQL Q w w z 9 0 0 0 z 2 N Z N O N `° a CL m' �m d a m a O C L = 0 y z Om H � 7 L {r- E E zz €� (SO G3Sfl*IN3!)V (Tsui) snuollasolld aum�usn our m��m �■ �u� �0 BYII01�1101111111111� OUR� �IC��O�C9�9A99A9999AAAA�99E�� 0 r 0 a m c 0 .F 0 m . L 0 a d a 0 t 3 v a� E N d .0 .0 7 O L U) C W N € O ti .0 m 0 ti m L_ N d o. N O O a H � v -» o OO NNy y O N b s 1 o� � o O aV+ N O � O o � 00% ci c 0 -0 i _ o y C -•." C oz O 00 C H > N y 'b n 3 ocn 3 cV 10 O 0 a� Qq ¢' O O - O y O O ° .o r 0. .o°. CA w " 3 o W O a Q Oa O W Q f.r O N O a� cz O .N cd 4-+ cn t 4 .. w O Cz 0 a� u� V � IF c z c � a Z N H 40 O oG o O z a oZ - � � M OZ p O c o V o 'o N a � Oes. 0 0 N H O W F O > U z LLI V U w ° U F Ott O rn x< y! e > U �Z> 0 F y o z o (<y m Z =° w -p: U V A E• D z �> oG w g o° p < w to U "' �C cwy In O< CY O w < 3 O 1 G U 3- r �; .: -- ,o 9 N 5.,6 -, I. CITY OF ALBERTVILLE COUNTY OF WRIGHT RESOLUTION # 2000-38 A RESOLUTION OF THE ALBERTVILLE CITY COUNCIL REQUESTING THAT THE COMMISSIONER OF THE DEPARTMENT OF NATURAL RESOURCES (DNR) RECLASSIFY SCHOOL AND MUD LAKES, WHICH LIE WITHIN THE CITY LIMITS OF ALBERTVILLE WHEREAS, the City of Albertville has an adopted shoreland ordinance; and WHEREAS, there are three lakes with the City that are designated as Natural Environment Lakes; and WHEREAS, the City has an adopted land use plan and zoning map that anticipates urban, sewered development within the Shoreland area; and WHEREAS, existing and proposed land uses are not consistent with the Shoreland classification of two of the lakes; NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF ALBERTVILLE, WRIGHT COUNTY, MINNESOTA, requests that the Commissioner of the DNR reclassify School and Mud lakes within the City of Albertville from Natural Environment to General Development Lakes. ADOPTED BY THE CITY COUNCIL OF THE CITY OF ALBERTVILLE THIS 20TH DAY OF NOVEMBER, 2000. John A. Olson, Mayor Linda Goeb, City Administrator NORTHWEST ASSOCIATED CONSULTANTS, INC. 5775 Wayzata Boulevard, Suite 555, St. Louis Park, MN 55416 Telephone: 952.595.9636 Facsimile: 952.595.9837 nac@winternet.com MEMORANDUM TO: Albertville Mayor and City Council FROM: Cindy Sherman DATE: November 15, 2000 RE: Resolution regarding reclassification of School and Mud Lakes FILE NO: 163.05 - 00.16 Background Discussions are continuing between the DNR, Developer and City Staff regarding the status of the Towne Lakes PUD. One avenue discussed relates to a change in the designation of the lakes. The State Legislature enacted the Shoreland Management Act in 1969. At that time it was recognized that different types of lakes require different types of regulations and the state developed a system to classify lakes into three categories; Natural Environment Lakes, Recreational Development Lakes, and General Development Lakes. Under this system both School and Mud lakes were classified as Natural Environment Lakes which have the most restrictive regulations regarding development, setbacks and density within 1000' of the Ordinary High Water (OHW) level of the lakes. This designation has a substantial affect on the ability to develop properties within the boundary of the Shoreland Overlay District. A comparison of regulations is listed in Table 1. This comparison only includes regulations for sewered, lakeshore lots. Table 1 Designation Lot Size Lot Width Setback to OHW Natural 40,000 s . ft. 125' 150, Recreational 20,000 s . ft. 75' 75' General 15,000 s . ft. 75' 50, Under state law the City can request that any public water be reclassified. Staff believes that the City should request a reclassification of School and Mud Lakes based upon the existing and proposed surrounding land uses. The City's land use plan anticipates sewered, urban development within the area affected by the Shoreland designation. The City's adopted land use plan includes low density residential, commercial, industrial, and public land uses. A change in lake classification and a revised ordinance will provide the City with more flexibility to allow reasonable development within the Shoreland District. Recommendation If the Council determines that the appropriate course of action is to request a reclassification of the lakes then the Council should adopt the attached ordinance requesting the Department of Natural Resources Commissioner to reclassify the lakes to General Development Lakes. If the Council does not wish to reclassify the lakes then no further action is required. Albert Villas 4th Addition Page 2 of 2 Assistants Anne L. Mohaupt Thomas C. Zins Terry D. Frazier Kathleen A. Mottl Scott M. Sandberg Mark A. Erickson Chad A. Throndset Elizabeth M. Larson Brian A. Lutes October 30, 2000 l 'FICE OF WRIGHT COUNTY ATTORNEY Thomas N. Kelly Wright County Government Center 10 2nd Street NW, Room 150 Buffalo, Minnesota 55313-1189 Phone: (763) 682-7340 Toll Free: 1-800-362-3667 Fax: (763) 682-7700 Mr. Bob Derus City Administrator 3150 Lander Avenue NE Box 337 St. Michael, MN 55376 Ms. Linda Goeb City Administrator 5975 Main Avenue P.O. Box 9 Albertville, MN 55301 l �e. Brian J. Asleson Chief Deputy Attorney Victim/Witness Assistance Coordinator Barbara S. Johnson Investigator David Fundingsland Legal Assistant Michelle Sandquist Office Manager Cindy Hohl Re: Chapter 432, 2000 Session Laws - Conveyance of County Ditches 9 and 21 to the Cites of St. Michael and Albertville Dear Bob and Linda: I am assuming that each of you received a copy of the enclosed correspondence from the Minnesota Secretary of State's Office, dated September 12, 2000. As you will recall, the 2000 Minnesota Legislature passed a special law allowing for Wright County to turn over County ditches 9 and 21 to the Cites of St. Michael and Albertville. In order for this special law to take effect, the Wright County Board of Commissioners and each individual City Council must adopt a resolution approving of the special law and file a Certificate of Approval with the Secretary of State detailing the same. At this point, the Wright County Board of Commissioners has not yet undertaken that step, and I was not sure where the two cities were on this. Accordingly, I have enclosed a draft Resolution for your use, if you wish, to accomplish this task. I am hopeful that we can get this squared away in the next two months since, if the approval steps are not taken by the first day of the next legislative session, the special law does not take effect. Please keep in mind that the Resolution I have enclosed accomplishes only the task of accepting the special law. It does not actually effect the conveyance of the ditches to the cities. If you would prefer, we can put together some sort of dual resolution which would not only accept the special law but also touch on the three factors efiumerated in Section 2 of the special law (copy enclosed). I If the cities would rather meet and discuss the possible need for a joint storm water authority prior to the actual conveyance of the ditches taking place, we should go ahead and get the special law approval process taken care of. As I see it, we can then deal with the conveyance of the ditches at any time in the future. If you do have questions, or if you would like to meet and discuss either the special law approval process or the actual conveyance of the ditches, please feel free to call me at (763)682-7342. I am also willing to coordinate the sending off of all of the various resolutions to the Secretary of State, if you wish. Let me know. Thank you for your anticipated cooperation. Very truly yours, Brian J. Asleson Chief Deputy Attorney BJA:cjh Enclosure cc: Douglas Gruber, County Auditor/Treasurer Richard W. Norman, County Coordinator Elmer Eichelberg, County Commissioner Dave Lenhardt Mike'JCdiir .i Kerry Saxton RESOLUTION NO. WHEREAS, the 2000 Minnesota Legislature passed a special law authorizing Wright County to convey all or part of certain county ditches to the Cites of St. Michael and Albertville; and WHEREAS, this special law was approved and signed by the Governor on April 24, 2000; and WHEREAS, this special law, known as Chapter 432 of the 2000 Session Laws, is not effective without the approval of the local government units affected; and WHEREAS, Minnesota Statutes §645.021 requires that each local government unit affected approve of said special law by Resolution adopted by a majority vote of the members of the governing body of that unit; and WHEREAS, Minnesota Statutes §645.021 also requires that each local government unit affected file a Certificate of Approval along with a copy of the Resolution by its governing body with the Minnesota. Secretary of State; NOW, THEREFORE, BE IT RESOLVED, that the hereby approves of Chapter 432 ofthe 2000 Session Laws and directs that a copy of this Resolution and appropriate Certificate ofApproval shall be filed with the Minnesota Secretary of State. N. Mary Kiffineyer MINNESOTA SECRETARY OF STATE September 12, 2000 TO: Local Government Units From: Mary Kiffineyer Secretary of State SUBJECT: SPECIAL LAWS ENACTED IN THE 1999 and 2000 SESSION Chapter 432, 2000 session laws requires a copy of the Resolution approving the chapter and a Certificate of Approval (which we have enclosed for your use) to be filed with this office in order for the chapter to become law. If you have any questions pertaining to the noted special law, we suggest contacting your office attorney. The Resolution and Certificate of Approval must be filed before the start of the 2001 legislative session (January 3, 2001), otherwise the chapters requiring approval by local units of government will not become law. If you have any questions please contact Renee Coffey at (651) 297-5845. enc. 0900.doc Buffalo C CERTIFICATE OF APPROVAL OF SPECIAL LAW BY GOVERNING BODY (Pursuant to Minnesota Statutes, 645.02 and 645.021) STATE OF MINNESOTA County of TO THE SECRETARY OF STATE OF MINNESOTA: PLEASE TAKE NOTICE, That the undersigned chief clerical officer of the DOES HEREBY CERTIFY, that in compliance with the provisions of laws, , Chapter (year) (number) requiring approval by a majority* vote of the governing body of said local governmental unit before it becomes effective, the (designate governing body) at a meeting duly held on the day of , by resolution (if other than resolution, specify) did approve said Laws, , Chapter (year) (number) by a majority vote* of all of the members thereof (Ayes ; Noes ; Absent or not voting ___) and the following additional steps, if any, required by statute or charter were taken: SEAL A copy of the resolution is hereto annexed and made a part of this certificate by reference. Signed: (Official designation of officer) (This form prescribed by the Attorney General and furnished by the Secretary of State as required in Minnesota Statutes 645.021.) *If extraordinary majority is required by the special law, insert fraction or percentage here. Please see reverse side for instructions for completing this form. certauth.p65 Rev.7/98 Page Citation/Title Ch. 432 (S.F. 2456), WRIGHT COUNTY--DITCHES--CONVEYANCE *1217 MINNESOTA 2000 SESSION LAW SERVICE Eighty -First Legislature, 2000 Regular Session Additions are indicated by <<+ Text +»; deletions by «. Tft4 ->>. Changes in tables are made but not highlighted. Vetoed provisions within tabular material are not displayed CHAPTER 432 S.F. No. 2456 WRIGHT COUNTY—DITCHES—CONNVEYANCE AN ACT relating to local government; authorizing Wright county to convey certain county ditches to the cities of St. Michael and Albertville. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: Section 1. WRIGHT COUNTY; CONVEYANCE OF CERTAIN COUNTY DITCHES TO THE CITIES OF ST. MICHAEL AND ALBERTVILLE. <<+The county of Wright may, by one or more resolutions of its board of commissioners convey to the cities of St Michael and Albertville all of its rights title and interests in all or any portion of county ditches numbered 9 and 21 +>> Sec. 2. PROCEDURES AND CONDITIONS OF CONVEYANCE. <<+The conveyance or conveyances will be effective as of the date of such a county board resolution if the cities of St Michael and Albertville by resolution of their city councils•+>> <<+(1) bave agreed to accept the conveyance to the city of a specific ditch or portion thereof•+>> <<+(2) have agreed to assume as of the effective date all of the rights title, and interests of the county; and+>> <<+(3) have agreed to assume responsibility under the city's municipal authority for management of surface water within the area served by the ditch or portion of a ditch so conveyed +>> Sec. 3. EFFECT OF CONVEYANCE. <<+(a) Upon the effective date of a conveyance authorized under this act with respect to any ditch or portion of a ditch so ve e :+>> «+(11 the cities of St Michael and Albertville shall hold all of the county of Wright'�rope� rights title and interests in any ditch or portion of a ditch so conveyed:+>> <<+(2) Wright county shall have no further responsibility for the ditch or portion ofa ditch so conveyed:+>> *1218 <<+(3) the ditch or portion of a ditch so conveyed shall no longer be subject to Minnesota Statutes chapter 103E. Copyright (c) West Group 2000 No claim to original U.S. Govt. works Page Ch. 432 (S.F. 2456), WRIGHT COUNTY--DITCHES--CONVEYANCE tgl-qn, • • 1. • ,•• - •• •. • • -• �• the of Michael n• Albertville shallmanage surface• the area served by . ditch or portion of ditch so conveyed pursuant • Minnesota St,th.• and 444. or other applicable•• p •• manazement of surface Sec. 4. EFFECT ON REMAINING DITCHES. <<+This act has no effect upon a= ditch or portion of a ditch that is not the subject of an agreement as described in section 2. Sec. 5. EFFECTIVE DATE. «+Sections 1 to 4 are effective the day after the last of the county board of Wright county the city councils of St Michael and Albertville and the chief clerical officer of each timely completes compliance with Minnesota Statutes section 645 021 subdivisions 2 and 3.+>> Presented to the governor April 20, 2000. Approved April 24, 2000. Copyright (c) West Group 2000 No claim to original U.S. Govt. works se -a MEMORANDUM TO: ALBERTVILLE CITY COUNCIL; LINDA GOEB, CITY ADMINISTRATOR; FROM: MIKE COURI, CITY ATTORNEY SUBJECT: BEAUDRY COURT ACTION REGARDING PLANTING OF GRASS DATE: NOVEMBER 16, 2000. According to Tim Guimont, the Beaudry's have sodded their back yard. The Beaudrys are one of the property owners we recently sued seeking to require that grass seed be planted in their yard. Based on Tim's observations, it is my recommendation that the City dismiss the litigation against Burns, since he has already done what we are asking the Court to order him to do. 1 IV S.e.3. MEMORANDUM TO: ALBERTVILLE CITY COUNCIL; LINDA GOEB, CITY ADMINISTRATOR; FROM: MIKE COURI, CITY ATTORNEY SUBJECT: AMENDMENT TO SENIOR HOUSING ASSOCIATION DOCUMENTS DATE: NOVEMBER 16, 2000. The attorney for the Cottages of Albertville Two (senior housing) has forwarded an amendment to the homeowner's association documents. According to the Developer's Agreement, any changes to the homeowner's association documents must be approved by the City. The change is relatively minor: it prohibits the keeping of pets on the premises except in cases of animals needed by the handicapped and animals currently residing on the property. A simple approval by the Council is requested. 1 (Above Space Reserved for Recording Data) COTTAGES OF ALBERTVILLE TWO COMMON INTEREST COMMUNITY NO.30 Planned Community FIRST AMENDMENT TO DECLARATION This First Amendment to Declaration of Cottages of Albertville Two (the "Amendment") is made, effective on the date of recording hereof, by Cottages of Albertville Two, Association, a Minnesota nonprofit corporation (the "Association"), with the approval of at least sixty-seven percent (67%) of the votes in the Association, and of the City of Albertville (the "City"). RECITALS WHEREAS, the Declaration of Cottages of Albertville Two (the "Declaration") was recorded in the office of the County Recorder in and for Wright County, Minnesota as Document No. 681119. The terms used in this Amendment shall have the same meaning as they have in the Declaration, and WHEREAS, the Declaration established a plan for the use, operation, maintenance and preservation of the Property, and WHEREAS, the Association, with the approval of the Owners and the City, desires to amend the Declaration in accordance with the terms of this Amendment. THEREFORE, the Association, with approva;l of at least sixty-seven percent (67%) ofthe votes in the Association, and with approval of the City, hereby makes this Amendment, and declares that the Property shall be held, transferred, sold, conveyed, used and occupied subject to the covenants, restrictions, easements, charges and liens set forth in the Declaration, as amended by this Amendment, and that all persons or entities, and their heirs, personal representatives, successors and assigns, having or acquiring any interest in the Property shall be bound hereby. ::ODMA\GRPWISE\FELLAW.MPLS.WLS Doc Library:160192.1 . i i AMENDMENT Section 7.7 of the Declaration is restated in its entirety, to read as follows: A. No animal may be bred, or kept or maintained for any purposes, anywhere on the Property. The word "animal" as used in this Section 7.7 shall be construed in its broadest sense and shall include all living creatures except humans. B. The restrictions set forth in Section 7.7.A shall not apply to the following: (i) an animal kept solely as a statutorily authorized "service animal" used by a handicapped Person; and (ii) an animal owned by an Owner and kept at the Property prior to the date of recording of this Amendment, which animal would otherwise have conformed to the restrictions set forth in Section 7.7 of the Declaration that existed prior to this Amendment (a "Conforming Animal"). If a Conforming Animal dies, the owner(s) of that Conforming Animal shall not keep anywhere on the Property an animal to take the place of the Conforming Animal. Notwithstanding the foregoing, the Association shall have the authority and discretion to allow an animal to be kept on the Property for a limited period of time for emergency purposes. C. Rules and Regulations may be adopted by the Association to regulate animals kept on the Property, including, but not limited to the type of animals allowed to be kept on the Property pursuant to Section 7.7.13. Except as modified by this Amendment, the Declaration shall remain in full force and effect. IN WITNESS WHEREOF, the undersigned has executed this Amendment this 5- k day of r, 0 e m b ,� c— , 2000, effective upon the date of recording of this Amendment. COTTAGES OF ALBERTVILLE TWO, ASSOCIATION By: vim ---- Title: STATE OF MINNESOTA ) ss. COUNTY OF W r i k+- ) The foregoing instrument was acknowledged before me this 50" day of W oof of 6d r , 2000, by R OK 0,g cck-o—�— , the Pres , J Q 1~ + of Cottages of Albertville Two, Association, a Minnesota nonprofit corporation, on behalf of the corporation. THIS INSTRUMENT WAS DRAFTED BY: Fredrick R. Krietzman, Esq. FELHABER, LARSON, FENLON & VOGT, P.A. 601 Second Avenue South, Suite 4200.. Minneapolis, Minnesota 55402-4302 (612) 373-8418 JA- � � ; I /'. 2e Notary Public SHARON L. LEINTZ +..3, NOTARY PUBLIC-MINNESOTA 1i MY COMMISSION EXPIRES 1.31.2005 ::ODMA\GRPWISE\FELLAW.MPLS.MPLS Doc Librwy:160192.1 —2— i AFFIDAVIT OF PRESIDENT STATE OF MINNESOTA ) ss. COUNTY OF F ) The undersigned, President of the Cottages of Albertville Two, Association, a Minnesota nonprofit corporation, being first duly sworn on oath, hereby swears and certifies, pursuant to the applicable provisions of the Declaration of Cottages ofAlbertville Two (the "Declaration"), that the First Amendment to Declaration of Cottages of Albertville Two to which this Affidavit is attached has been duly approved by a vote of the Board of Directors of the Association, and by the Owners of the Units in the common interest community, in compliance with the requirements of the Declaration. President STATE OF MINNESOTA ) ss. COUNTY OF Subscribed and sworn to before me this S f h day of �J o U F m � 4 (- , 2000, by �d h k 1 e c, tL e <-- , the President of Cottages of Albertville Two, Association, a Minnesota nonprofit corporation, on behalf of said corporation. • OAR— M SHARON L. LEINTZ NOTARYPUSUGMINNUMA MYCOMMI *NMIRU- 1131 THIS INSTRUMENT WAS DRAFTED BY: Fredrick R. Krietzman, Esq. FELHABER, LARSON, FENLON & VOGT, P.A. 601 Second Avenue South, Suite 4200 Minneapolis, Minnesota 55402-4302 (612)373-8418 1 Notary Public ::ODMA\GRPWISE\FELLAW.MPLS.MPLS Doc Library:160192.1 -3- COMMON INTEREST COMMUNITY NO.30 COTTAGES OF ALBERTVILLE TWO CONSENT BY CITY OF ALBERTVILLE The City of Albertville (the "City"), hereby consents to and approves the attached First Amendment to Declaration of Cottages of Albertville Two. IN WITNESS WHEREOF, the City has caused this Consent to be executed on the day of , 200 CITY OF ALBERTVILLE By: Its Mayor By: Its City Administrator STATE OF MINNESOTA) ss. COUNTY OF ) The foregoing instrument was acknowledged before me this day of 5200 _ by and , the Mayor and City Administrator, respectively, of the City of Albertville, on behalf of the City. Notary Public THIS INSTRUMENT WAS DRAFTED BY: Fredrick R. Krietzman, Esq. FELHABER, LARSON, FENLON & VOGT, P.A. 601 Second Avenue South, Suite 4200 Minneapolis, Minnesota 55402-4302 (612) 373-8418 ::ODMA\GRPWISE\FELLAW.MPLS.MPLS Doe Library:160192.1