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B end /-7 <br /> Larkin <br /> Ho, j f nari Larkin Hoffman Daly Lindgren Ltd. <br /> ATTORNEYS <br /> 1500 Wells Fargo Plaza <br /> 7900 Xerxes Avenue South <br /> Minneapolis, Minnesota 55431 -1194 <br /> GENERAL: 952-835-3800 <br /> FAX 952 -896 -3333 <br /> WEB wwwlarkinhoffinan.com <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 -1815 <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 /> project. <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 />