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• LARKIN, HOFFMAN, DALY & LINDGREN, LTD. ATTORNEYS AT LAW PETER J. COYLE DIR. DIAL (952) 896 -3214 January 14, 2002 Mayor John Bergeson Lino Lakes City Council City of Lino Lakes 600 Town Center Parkway Lino Lakes, Minnesota 55014 1500 WELLS FARGO PLAZA 7800 XERXES AVENUE SOUTH BLOOMINGTON, MINNESOTA 55431 -1194 TELEPHONE (952) 835 -3800 FAX (952) 896 -3333 Re: Century Farm Development, Inc./Behm's Century Farm Dear Mayor and Councilmembers: Our firm represents Gary Uhde and Century Farm Development, Inc. in connection with the Behm's Century Farm Development ( "the Behm's Development ") in the City of Lino Lakes, Minnesota ( "the City "). This letter restates Mr. Uhde's objections to the proposed Interim Development Moratorium. Alternatively, we propose a compromise should the City Council decide to move forward with the Moratorium, notwithstanding our stated objections. • Project Description Mr. Uhde has been pursuing the Behm's Development since 1992. He currently is proposing the next phase, with a total of 169 low- density single - family lots ( "the Project ") on 95.319 acres, including approximately 9.4 acres in the approved Preliminary Plat for the Behm's Development 6th Addition. The Project area encompasses land guided for this use under the City's Comprehensive Plan Update. Of the total Project acreage, 18.71 acres (or 19.6 %) is proposed to be dedicated to the City as parks, trails, open space, ponding, etc. Moratorium Objections We have previously expressed our opposition to the proposed Interim Development Moratorium by letter dated December 14, 2001. Mr. Uhde's objections to the proposed Moratorium arise from a concern that the City may deviate from well- established policies affecting the Project, which place at risk substantial investments made in reliance on such City policies. Specifically, the Project conforms to low - density residential criteria currently reflected in the Behm's Development (1st —5th Additions). Utility and drainage system investments have been made based on such policies, both for the in -place development and that called for in the Project. In addition, the proposed growth - control Ordinance, under which only 147 single - family building permits would issue per year City -wide, is arbitrary and capricious and would, if enacted, constitute a regulatory taking of land. If enacted, this Ordinance would potentially bar Mr. Uhde from realizing a return on investments (both land and utilities) made in compliance with City policies. Notwithstanding that the Project area is guided for low - density use and further notwithstanding that utilities and road improvements have been made in anticipation of future phases of the Behm's Development, the City