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April 14, 1997 <br />Page 3 <br />compromise diniinishcd, and we detennined that the only way to bring the matter to a <br />head was to have the hearing proceed tliis evening. <br />We still hope to reach a fair and reasonable resolution of the matter, and are <br />prepared to compromise the matter with the City. We are not interested in compelling <br />the City to le-mite its ordinance, nor are we interested in diallenging the absence of any <br />record supporting the $60,000.00 fee. Instead, in the spirit of comprontise, we have <br />iridicated to the City Attorne)' a willingness to accept the Minnetrista formula <br />($4,100.00 per lot), and to sign a waiver accepting that assessment. W^c arc prepared <br />to discuss the matter further, and are open to any compromise proposals the City may <br />make in re.sponse. <br />At the same time we wish to move the Application process forward, and, if the <br />actual amount of the park lee cannot be determined tonight, we request preliminary <br />subdivision approval which would leave the amount of the park dedication fee open <br />pending final plat approval, whentve must appear before ihe Council again in any e\^ent. <br />This opeii item Avould be similar to the otlier open items to be re.solved prior to final plat <br />approval, e.g., private covenant for protection of 1'ype 2 wetland (Condition No. 1), <br />devdopei‘'s agreement (Condition Nos. 3. 11 and 12), giant of drainage easement <br />(Condition No. 6) and road and maintenance agreement over Outlot (Submittals E and <br />F). <br />Thank you for considering our requests. We look fotward to a prompt, mutually <br />beneficial resolution of the matter, and are prepared to an.swer any questions you may <br />have this evening. <br />Sincerely, <br />John B. Winston <br />JBW/kra <br />Attachment <br />cc: James G. Fullerton III <br />1^0 'd 19£98£S319 ’ON XVJ Xil3ddn*N0XSNII1*SN0WIS Xt^:ei NOW X6-H-HdV