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GREGERSON, ROSOW, JOHNSON & NILAN, LTD. City of Gem Lake June 16, 2006 Page 2 Second, we request that Hillary Farm be exempt from the application of the revised Zoning Ordinance. Based on our conversation with the City Attorney on December 13, 2005, we agreed to withdraw our objection to the City's sewer assessments in exchange for the City exempting Hillary Farm from the revised Zoning Ordinance and the establishment of a functional Site Review Committee to work through any outstanding issues with the Hillary Farm lots. Although the Site Review Committee began with a good start, it has all but been abandoned by the Chairman and the Planning Commission as a whole. We have held up our end of the bargain by dismissing our sewer assessment objection, however, the Planning Commission has not done the same by still holding Hillary Farm to the revised Zoning Ordinance. Further, in Fritz Magnuson's correspondence of March 14, 2006 he stated that the new Section 22 (old Section 11) and new Section 22 (old Section 17) would not pertain to Hillary Farm through an amendment to the Development Agreement. Third, we request a full and complete red -lined copy of the Zoning Ordinance which will be presented to the City Council on June 19, 2006. This red -lined copy should include those revisions given to Mr. McNulty in letter form at the Planning Commission Meeting of June 5, 2006 by Mr. Magnuson. We request that this red -lined copy be provided to us with adequate time to review its contents prior to the June 19, 2006 City Council meeting, keeping in mind that the Zoning Ordinance is over 100 pages in length. Fourth, we have been informed by City Attorney for Gem Lake that he is unable to locate an Ordinance establishing the Planning Commission. We have conducted a review of documents at the City Attorney's office and are awaiting the delivery to his office of additional Minute Books for us to review. However, in that it appears the Planning Commission was never properly formed in accordance with Minnesota Statutes Section 462.354. We object to the "hearing" held before what the City calls its planning commission and the adoption of the Zoning Ordinance Amendments based on that hearing. Finally, we reiterate our objection to Jack Hoeschler serving as both a member and Chairman of the Planning Commission. The Secretary of State records disclose Mr. Hoeschler as a voting resident of the City of St. Paul. We request that Mr. Hoeschler resign as both Chairman and member of the Planning Commission. Very truly yours, GREGERSON, ROSOW, JOHNSON & NTLAN, LTD. By _ chard F. Rosow Amy L. Cralam RFR/ALC/hslr cc: Thomas Newcome, Esq.