07-09-2014 Council Agenda - Laserfiche WebLink

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From: Patrick J. Kelly [mailto:pkellv(a kellyandlemmons.com] Sent: Wednesday, May 14, 2014 5:01 PM To: jvanvalkenburgnagertenvanv.com Cc: Joel Hanson Subject: Fra -Dor, Inc. Aggregate Stockpiling and Recycling Agreement Dear Mr. Van Valkenburg: Please be advised that we represent the City of Little Canada. Mr. Frattalone has forwarded your comments of April 30, 2014 to Mr. Joel Hanson, City Administrator of Little Canada. The City of Little Canada has always had a positive working relationship with Mr. Frattalone's companies and they believe in a positive working relationship. For purposes of clarification and completion of the Interim Use Permit, Mr. Hanson would like to discuss the following with Mr. Frattalone: 1. Paragraph 16. As you know, erosion plants are important and rules and regulations change over time. A discussion would clarify Mr. Frattalone's concern of requesting the deletion. 2. Paragraph 18. Your suggestion is accepted. 3. Paragraph 19. Mr. Hanson would like a discussion concerning the change. 4. Paragraph 25. Mr. Hanson would like to know the rationale of changing 4 feet to 6 feet. 5. Paragraph 27. Your suggestion is accepted. 6. Paragraph 30. Material is a source of litigation. Please advise as to the rationale for the suggested term. The final sentence with the addition of "reasonable" is accepted. 7. Paragraph 32. Please find herein a copy of the Performance Bond and I believe we do not have an insurance policy. Please note that I have suggested that we enter a new five year Interim Use Permit and consider the last Interim Use Permit a de facto. 8. Paragraph 35. Additional language that would indicate, "If the owner cannot correct the deficiency or breach within 48 hours due to circumstances beyond his control, then the Owner submit a plan that is acceptable to the City with a timeline." 9. Paragraph 36. The City would like a discussion as to the rationale for the change. 10. Paragraph 39. Again, the material breach is an issue. Please advise as to the definition. Finally, I have no problem with Mr. Frattalone speaking with Mr. Hanson on addressing these issues. They have always had a good working relationship with respect to their interests. We would also appreciate an appraisal, a copy of the listing agreement with the proposed price and per the de facto agreement, we would like the six month reporting requirements, if possible. Mr. Frattalone can discuss this with Mr. Hanson. If agreeable, Mr. Frattalone can contact Mr. Hanson directly to set up a meeting. If you have questions, please do not hesitate to contact me. Thank you. Respectfully, Patrick J. Kelly Attorney at Law Kelly & Lemmons, P.A. 223 Little Canada Road East Suite 200 Little Canada, MN 55117 651-361-8301 (DIRECT) 651-224-3781 (MAIN) 651-223-8019 (FAX) 18