04-05-22 - Laserfiche WebLink

Home Browse Search

Larkin Hoflinan 8300 Norman CeuLer Drive &IkC 1000 Minneapolis, MN 55437-1060 General: 952-8.35-3800 Fax: 952-896-3333 Web: wwwAarkinho(Pman.caro April 5, 2022 Lake Elmo Mayor Charles Cadenhead Via Email and Lake Elmo City Council Mayor Charles Cadenhead at ccadenhead@lakeehno.org 3880 Laverne Avenue North Dale Dorschner at ddorschner@lakeelmo.org Suite 100 Lisa McGinn at lmeginn@lalceehno.org Lake Elmo, MN 55042 Jeff Holtz at jholtz@laleelmo.org Katrina Beckstrom at kbeckstrom@lakeelmo.org Re: EN Properties, LLC — Exemption from Moratorium Dear Mayor Cadenhead and City Council Members: We represent EN Properties, LLC, the owner of approximately 53 acres of land, located at the northwest quadrant of Manning Avenue and Interstate 94 (collectively, the "Property") in the City of Lake Elmo ("City"). On behalf of EN Properties, we object to the proposed moratorium ("Moratorium") on platted development within the City's Water System Low Pressure Zone ("Low -Pressure Zone") and request that the Property be exempted from the Moratorium. In 2014, EN Properties entered into a WAC Prepayment Agreement ("Agreement") to prepay water accessibility charges. Under the Agreement, EN Properties agreed to prepay $500,000 in water accessibility charges over 10 years. hi exchange, the City agreed to extend the water main from approximately 30' Street North to Hudson Boulevard North. EN Properties then extended the utilities through 6 different properties to the property line of Property at cost of more than $1 million dollars. EN Properties did have Preliminary Plat approvals and was ready for Final Plat, but could not record the Final Plat because the State owned a small parcel of land and would not sign the Final Plat. The City was aware of this but refused to grant an extension and the City unilaterally vacated the Preliminary Plat. EN Properties has complied with the terms of the Agreement and paid $350,000 over the last 7 years and is committed to paying all amounts due under the Agreement. If the City adopts the Moratorium, it will render the Property undevelopable for a year or longer, in direct conflict with the Agreement and the commitment made by the City to allow the development of the Property. Such action would constitute a breach of the Agreement. It is apparent that the City's intent is not to preclude development of the Low -Pressure Zone, but rather delay new development while a new water tower is built. The City has been aware of the low water pressure since 2015 and has had a water tower in the capital improvement plan for several years and is only now commencing construction, and thus shifting the burden to landowners. The Moratorium is misdirected in that it precludes platting, which does not increase demand on the water system. Rather, the City should allow properties to be replatted for development but impose a moratorium on the issuance of new certificate of occupancy until the