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<br /> Larkin Hoffman 12/16/2009 10:43 PAGE 002/008 Fax Server <br /> Larkin <br /> Larkin Hoffman Daly & Lindgren Ltd. <br /> HO ATTOR~"`n 1500 Wells cargo Plaza <br /> 7900 Xerxes Avenue South <br /> Minneapolis, Minnesota 55431-1794 <br /> c[a[xn~: 952-835-3800 <br /> rax: 952.8963333 <br /> wee: wwwlaxkinhofTman.com <br /> December 16, 2009 <br /> VIA T+ACSIMILE AND U.S. MAIL <br /> Mayor Bill Blesener Michael McGraw, Council Member <br /> City of little Canada 179 Little Canada Road East, #338 <br /> 415 Brooks Avenue East Little Canada, MN 55117 <br /> Little Canada, MN 55117 <br /> Rick Montour, Council Member <br /> Shelly Boss, Council Member 2986 Desoto Street <br /> 62 Bryan Street East Little Canada, MN 55117 <br /> Little Canada, MN 55117 <br /> john Keis, Council Member <br /> 3094 Payne Avenue <br /> Little Canada, MN 55117 <br /> Re: Omission of Noise Wall in Front of Quebec Apartments, Country Drive, Little Canada <br /> Our File No. 33495-00 <br /> Dear Mayor Blesener and Council Members: <br /> Quebec Partners, LLC ("Quebec") has retained me in connection with the noise wall that had <br /> been planned to be constructed in front of Quebec Apartments on Country Drive (the "Property") <br /> as part of the "Unweave the Weave" highway improvement project. The wall was omitted by <br /> the Minnesota Department of Transportation ("MnDOT") at the request of the City of Little <br /> Canada (the "City") without notice to Quebec of the City's requested omission. Quebec has <br /> notified the City, as well as MnDOT, of its concerns regarding the omission of the wall, in an <br /> attempt to prompt the construction of the wall, but has not received a satisfactory response. Tn <br /> the event that the City does not agree at its next meeting on December 16, 2009, to construct the <br /> wall at its own expense, Quebec will have no choice but to seek enforcement of its rights in <br /> court. <br /> Back nand <br /> 2002 <br /> Quebec Apartments is a 41-unit apartment building on Country Drive, immediately adjacent to <br /> T35E, in the City. In 2002 as part of the preliminary requirements for MnDOT's proposed <br /> "Unweave the Weave" project to improve the intersection of T35E and I694 (the "Project"), <br /> MnDOT and the Federal Highway Administration ("FHWA") undertook an Environmental <br /> <br />