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CITY OF LAKE ELMO October 28, 1988 TO: Mayor and Council FROM: Pat Morrison, City RE: Informational Memo 777-5510 3800 Laverne Avenue North / Lake Elmo, Minnesota 55042 r Administrator " V 201 Property Tax Payments: As indicated on the attached memo from Bob Turentine, an error in interpretation was made by his office, in relation to the City's requirement to pay the 1988 taxes on the property of Lead, Inc., and Ruths (32nd & Klondike) for a total of $1,621.24. Therefore, we will be taking the necessary steps to receive the refund. I will also see if a partial refund can be obtained for payment we made to Ed Gorman (although this is a somewhat different situation). Municipal Board --Hearin on Appeal: Although there is a possibility for a request for continuance by the other attorneys, Steve Carlson has advised that the Hearing has been set for Tuesday, November 29th, at 10:00 a.m. The appeal will be heard by Judge Maas, in Stillwater. Our appeal will be based on the decision being "arbitrary and capricious" and on an "erroneous theory of law", according to Carlson. Apparently, Judge Mass can make a determination to: a. overturn the Municipal Board's decision, --OR-- b. agree with the decision, --OR-- C. send the matter back to the Board for further consideration. Meeting on R.E. Zoning Ordinance: Larry Bohrer, Mike Black and I met on October 26th, for about 2 1/2 hours, to discuss the residential estates ordinance. We started the process of review of: current land use, projected land use, land availability, currentzoning districts and standards, Comprehensive Plan objectives, soils, tfansportation network, desirable areas for residential development, etc. Our next meeting is scheduled for November loth, with a target of a December report to Council. Meeting with affected property owners for extension of Brookman waterline- Larry and I met with Pete Schiltgen and Bruce Folz on October 27th. After a somewhat lengthy discussion, Mr. Schiltgen advised his initial concerns were resolved, and further, that at this time he foresees no desire to develop his property. I contacted Mr. Hagberg by phone after the meeting to discuss this matter; he did not have any problem or concern with extension. As John Lengyl, C.A. Gerbitz Co., will probably not be affected (as he has access to water hook-up now from Lake Elmo Avenue), an invitation to the meeting was extended, but I did not follow up with a call. Therefore, we will proceed with execution of the Development Agreement, as authorized by Council.