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6126360183 EVEREST GROUP 565 P01 APR 26 '94 16:15 <br /> Post-ft"brand fax transmittal memo 7671 '#011311905 ► <br /> ... ........._-...........m.•• <br /> _ Te <br /> .. Paul Harrington From <br /> 7m Nelson <br /> _ cO <br /> _.�, City of Mounds Vie,F0 Everest Group <br /> Dept. <br /> Phone#636-5500 <br /> THE EVEREST ► <br /> 784-3462 Fay# <br /> April 26, 1994 <br /> VIA FACSIMILE <br /> James J. Thomson 337-9310 <br /> Holmes & Graven <br /> 470 Pillsbury Center <br /> Minneapolis, MN 55402 <br /> Re: Mounds View Business Park East, Building M <br /> Addition/park Dedication Fees <br /> Dear Mr. Thomson <br /> We have received a copy of your letter dated April 19, to Mounds <br /> View City Planner, Paul Harrington, concerning the noted matter, <br /> and are writing to set forth our interpretation of the Mounds View <br /> City Code as it applies to this project. <br /> In our view, Section 1204 . 02, Subd. 6, of the City Code allows the <br /> City to require additional cash park dedication for properties <br /> being re-subdivided only for residential properties where the <br /> "gross density" has been intensified. The term "gross density", as <br /> used in Subd. 6, relates back to Section 1204. 02, Subd. 4, which <br /> sets forth the cash dedication requirements for r side tial lan s, <br /> based on a sliding scale of fees pertaining to the gross density of <br /> dwelling units per acre. Since the term <br /> "gross <br /> application to commercial and industrial ands, dand�tsince s thno <br /> e <br /> subject property constitutes industrial land, we see no basis in <br /> the ordinance for a park dedication requirement on re-subdivision <br /> of the subject property. Our attorney, Bruce Malkerson, of Popham <br /> Haik has reached the same legal conclusion. In addition, the <br /> former owner of the property, Russell Underdahl of Pinecrest <br /> Properties, has confirmed that a cash park dedication was paid at <br /> the time the property was platted as Pinecrest Addition. <br /> Please call me at your earliest convenience to discuss this matter. <br /> After many months of working with the City toward a workable <br /> economic development program to facilitate this project, we have a <br /> strong desire to resolve this matter over the near term so that we <br /> can proceed with final project approvals and an anticipated June <br /> construction start. <br /> Sincerely, <br /> THE ,FRES GRO P, LTD. <br /> T othy J. Nelson <br /> TJN:lc <br /> cc: Bruce Malkerson <br /> Paul Harrington <br /> 2685 Long Lake Road <br /> n i\ n <br />