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--� <br />' Larkin <br />Ho�man <br />ATTORNEYS <br />October 11, 2010 <br />The Honorable Mayor Craig Klausing <br />City Council Members <br />City of Roseville <br />2660 Civic Center Drive <br />Roseville, MN 55113-1 S 15 <br />Larkin Hof�man Daly & Lindgren Ltd. <br />1500 Wells Fargo Plaza <br />7900 Xerxes Avenue South <br />Minneapolis, Minnesota 55431-1194 <br />ceNeeai: 952-835-3800 <br />FAx: 952-896-3333 <br />wee: www.larldnhoffman.com <br />Re: Proposed Amendment to Chapter 1007 Industrial District to Prohibit Bituminous <br />Roadways Asphalt Plant <br />Dear Mayor Klausing and City Council Members: <br />This letter is submitted on behalf of Bituminous Roadways, Inc., (the "Company") one of <br />Minnesota's leading providers of asphalt paving materials. The Company is a locally owned and <br />operated construction and materials source for high quality asphalt paving projects and has been <br />a frequent provider to projects in and for the City of Roseville ("City"). The Company is asking <br />the City not to adopt the proposed October 6, 2010 Ordinance changes for the reasons described <br />below: <br />• The proposed ordinance changes have not been fully vetted through the ordinance <br />amendment process required by state law and the Roseville City Code. <br />• The proposed ordinance is a direct response to adverse public opinion relating to the <br />Company's proposal and does not reflect the rational judgment on the merits of the <br />project. <br />• It is manifestly unjust to change the regulatory framework after asking the Company to <br />perform environmental review and significant evaluation of environmental performance. <br />• The October 6, 2010 proposal is not supported by any change in the City's <br />Comprehensive Plan and ignores the results of significant evaluation of the proposed <br />proj ect. <br />• The proposed ordinance is contrary to the City's Comprehensive Plan provisions sought <br />to support the proposal. <br />Background <br />The Company submitted a proposal to staff for development of a new generation state of the art <br />asphalt plant at 2280 Walnut Street and its application was deemed complete March 9, 2009. At <br />the City Council meeting June 15, 2009, the City described the proposed project as consistent <br />