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City Attorney Miller advised that the Minnesota's statute governing subdivision platting <br />doesn't preempt the city ordinance as it relates to procedural requirements. The City is <br />not obligated to approve the request for preliminary plat extension. <br />Council member Johnston said he supported the extension last time because the applicant <br />stated he was going to find applications that were attractive to the city. Because the <br />market was soft, they felt it was going to take time to do that. He would be in favor of an <br />extension. <br />Council member Siedow stated he would be in favor of an extension because he thought <br />this would be in the best interest of our Lake Elmo residents. <br />Council member DeLapp stated based on what is being talked about is not in the best <br />interest of the residents because it ends up down there for the next 500 years. He felt he <br />was placed in a reluctant position to approve a preliminary plat based on mixed use. The <br />only benefit is the applicants may have to have the tax rate substantially lowered by not <br />platting and recorded _ <br />At this time Council member Dunn had to leave the room, but requested to be notified <br />when the Council would vote. <br />M/Second/ Johnston/Siedow - to approve an extension of 90 days. <br />Pat Regan, Reco Real Estate, explained they came here in the first place because the <br />comprehensive plan was being changed and our land zoning was being changed which <br />in00 their view downgraded the value of their property. He said they would have been <br />happy to sit on the land until such time sewer and water became available. After we filed <br />the preliminary plat, he said we were advised by our attorney we had a year in which to <br />file the Final Plat. He said when we made a request for an extension, we were basically <br />asking for a clarification between the City attorney and our attorney. Since we filed the <br />Preliminary Plat we have given up 6 months of our marketing opportunity until that issue <br />between the City and the Met Council is settled. The I-94 corridor that is driving by is <br />their market area. <br />Mr. Regan reported they asked to erect a sign and was told a sign could not be erected <br />until we have a Final Plat application and so we cannot market the property. He said <br />they will not sit back and quietly be accused of what our motivations are from this <br />Council. Regan added that this has been a continuous dialogue and accusations as to <br />what our motivations are on a personal level. He said his tax implication has nothing to <br />do with what we have done here, and we have never been treated this way. <br />Council member Siedow apologized for the way they felt they have been treated by the <br />Council. <br />M/S Siedow/Johnston - to amend the motion to change the extension of the Preliminary <br />Plant for 6 months <br />LAKE ELMO SPECIAL COUNCIL MINUTES MARCH 27, 2003 <br />