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515 Little Canada Road, Little Canada, MN 55117 -1600 <br />(612) 484 -2177 / FAX: (612) 484 -4538 <br />January 7, 1994 <br />TO: Mayor Hanson <br />Members of the City Council <br />FROM: Joel Hanson, City Administrator <br />RE: Amendment to Frattalone Development Contract <br />MA YOR <br />Raymond G. Hanson <br />COUNCIL <br />Beverly Scalze <br />Jim LaValle <br />Steve Morelan <br />Bob Pedersen <br />ADMINISTRATOR <br />Joel R. Hanson <br />During this past week, excavated material from the Gervais <br />Mill Project was being hauled to the Frattalone Recycling <br />site. In reviewing this matter, we determined that <br />stockpiled black dirt was not allowed by our development <br />contract with Frank Frattalone. (A copy of the most recent <br />addendum, to that contract is attached which clearly <br />indicates that no stockpiling of aggregate materials is to <br />be allowed.) Due to this fact, we requested of Mr. <br />Frattalone to no longer haul material to this site until a <br />fill permit is obtained or his development contract with <br />the City is amended to allow the storage of this material. <br />Mr. Frattalone indicated to me he believed in the contract <br />had allowed the storage of black dirt as that portion of <br />his operation has been in existence for a long period of <br />time. He also presented me with drawings that were <br />reviewed back in 1990 which depicted the location of <br />various stockpiled materials. (A copy is attached.) On <br />this map, a black dirt stockpile is indicated. (We <br />confirmed a copy of this plan was submitted in 1990 as part <br />of our earlier deliberations.) Furthermore, Public Works <br />Superintendent Dave Harris, informed me that he has <br />purchased black dirt from that site during his tenure in <br />our City. Therefore, that would seem to verify the <br />accuracy of Mr. Frattalone's statement. <br />Based on that information, it appears that the drafting of <br />the initial agreement contained an oversight in that it did <br />not allow for the storage of black dirt on that site. If <br />the Council agrees with that opinion, then a simple <br />revision will need to be made to the agreement. A letter <br />from Mr. Frattalone is attached requesting this amendment. <br />cc: Frank Frattalone <br />JRH /mbg <br />Page 43 <br />