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--. <br />Larkin <br />-� Hofjrman <br />ATTORNEYS <br />October 11, 2010 <br />�I'he Honorable Mayor Craig Kiausing <br />City Council Membcrs <br />City of Roseville <br />2660 Civic Ce«ter Drive <br />Roseville, MN 55113-1815 <br />Attachment F <br />Larkin HotFinan Daly & Lindgren Ltd. <br />1500 WeUs Fargo Plaza <br />790� Xerxes Avenue South <br />Minneapo(is, Min.nesota 55431•1t94 <br />cENERA� 952-835-3800 <br />Fpx. 952-896-3333 <br />WFe w�vw:lar]dnhoffman.com <br />Re: Proposed Amendment to Chapter ] 007 Industrial District to Prohibit Bituminous <br />Roadways Asplialt 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 inaterials. 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 />• 7he proposed ordinance changes have not been fuily veited through the ordinance <br />amendment process required by state law and the Roseville City Code. <br />• The proposed ordinarice 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 />pro j ect. <br />• It is manifestly unjust to change the regulatory frame��ork 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 ihe City's <br />Comprehensive Plan and ignores the results of significant evaluation of the proposed <br />project. <br />• Tl�e proposed ordinance is contrary to the City's Comprehensive Plan provisions sought <br />to support the proposal. <br />}3ackground <br />The Company submitted a proposal to staff for developriient oia ne�u geiterati�n 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 deseribed the proposed projeet as consistent <br />