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<br />. . ....... .~._. - '."'!" '-" .,"- WCUG 1""'INCf <br /> <br />uate: "4Il~/~ lime: 1:59-.50 PM <br /> <br />Page 2 of 4 <br /> <br />,. <br /> <br />KAREN E. MARTY <br />Attorney at Law <br /> <br />3601 Minnesota DriVe <br />Suite 800 <br />Blonmmgton,. MN 55435 <br /> <br />Telephone: (952) 921-5859 <br />e-mail: lcmarty@ix.netccom <br />Fax: (952) 830-8211 <br /> <br />Febnwy 18, 2003 <br /> <br />Dale Runkle <br />Ground Development, Ino. <br />7575 Golden Valley Rd #250 <br />Minneapolis, MN 55427 <br /> <br />Dear Dale: <br /> <br />Attached is a copy of the letter I sent to Jmt Hoeft a few minutes ago. When I spoke to <br />him on the telephone, he was agreeable to everything. He stated he would review my fax and get <br />to this as soon as he could. His office is presently moving (down a floor in the same building), <br />and it sounded like things are somewhat soattered at present. <br /> <br />Jmt also mentioned that, if Ground Development needs to advance the MUSA phA~ for <br />Phase 3 of Pheasant Marsh, it may want to start soon. The 0UITent City Council is receptive to <br />suoh requests, and recently granted one for Carlson in Hunter's Crossing (across the street). Note, <br />however, that the City Council required Carlson to pay extra park dedication fees. Their rationale <br />was that, if Carlson had waited for development until the land was sohedu1ed to be within the <br />MUSA, the fees would have been higher. Jmt expects the City Council would impose this <br />requirement on 9round Development, as well. <br /> <br />Regarding paying an extra fee in order to speed up MUSA phasing: this would appear to <br />be an illegal fee, since it does not meet the statutory test. Ground Development should consider <br />whether this fee is a "cost of doing business" for moving Phase 3 along sooner, or whether this fee <br />should be ohallenged if I when other fees are ohallenged. <br /> <br />Give me a oa1l if you have questions. <br /> <br />Sincerely, <br /> <br />