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Home My WebLink About1998-05-27 Rollin Crawford Fax to OPH Re 58th St. Property RezoningNAY. -2'/' 98(VYED) 09 32 LEVANDER,GILLENULR, TEL:612 450 1384 P. 001 LEVAN DE R , ROGER C. MILLER '!'IMOTHYI. KUN "C2 DANIEL]. BEESON � .LEN 676 ROLI.IN H. CRAWFORD KENNETH I.ROHLF M P.A. TONETTA T. DOVE ST Y PN A ANGELA M. LUTZ AMANN ATTORNEYS AT LAW KORINE L. LAND ANN C. O'REILLY HAROLD LEVANDER 191a1992 ARTHUR GILLEN RETIRED -aim adm�ncd in Nanh Duka a FAX COVER SHEET DATE: May 27, 1998 TO: Mr. Torn Melena FA Mayor and City Cou.ncilmembers No, O AGES: 4 including cover. OM City of oak Pak Heights FROM: Rollin H . Cr RE d ezoning of Pro perty North. of 8' Str IF THERE IS A PROBLEM IN TTRANSMISSION OR COPIES RECENED ARE ILLEGIBLE, PLEASE CALL Carol Johnson. AT (612) 451 -1 831 IMMEDIATELY. The information contained in this Facsimile message is privileged and confidential information intended for the use of the addressee and no one else. if you are not the intended recipient or the employee or agent responsible to deliver this message to the intended rec ipient, please do not use this transmSsion in any way, but contact the sender by telephone. 633 SOUTH OONGOn STRM v SU= 400 1 P.O. BOX 298 ® SOUTH SAINT PAUL, MINNESOT 55075 v 612 -451.1831 10 FAX 512-450.7384 MAY,-2798(WEN 09:32 LEVANDER,GILLENLMR, TEL:612 4S0 1384 SANDER, GILi,EN c4L MILLER, P. Ac A TTORNEYS A L May 27, 1998 M r. Torn Me lena VIA FACSIMILE City Administrator City of Oak Park Heights 14 168 N. 57' Street Oak Park Heights, MN 55082 4 R ezoning of Property North of 58' Street �-�: TAT • • P. 002 ROGER C. MILLER TIMOTHY 1. KUNTZ DANI !. BEESON ROLLIN H. CRAWFORD KZNNM1 J. ROHLF TONMA T. DOVE STEPHEN H. FOCHLER * JAY P. ICARLOVICH ANGELA M. LUTZ AMANN KORINL L. LAND ANN C. O' RE.ILLY MNR OLD LEVANDeR 1 - x99 2 XTKVR CILLEN RETMED V 12AL -so ArjMrMD t,� �aanr D A KOTA This letter is a comment and request in connection with the process that you are now undertaking regarding the above - mentioned property. As you are aware, this office represents Mr. Bob Brackey in connection with the land use of the property he owns north of 58 Street, which has been a part of rezo iaag discussions over the Iasi several months. It is my understanding that Mr. Brackey has been recently invited to present to your staff group his intentions and plans for the remaining property that he owns. The reason for this request is apparently that the staff wishes to take those intentions into account as they prepare for recommendations to the City Council. Let me say at the outset that we are most pleased with the opportunity to have such Caput, and we appreciate you and your staff's willingness to extend that invitation. Unfortunately, as you are undoubtedly aware, developing a meaningful plan. or forecast for development of a parcel this size is a significant undertaking, and must be based upon professional planning, development and market input. Mr. Brackey has undertaken to retain some professional expertise in order to assist biro in developing just the sort of plans that you have requested. Unfortunately such input could not be developed prior to your meeting that we understand is scheduled for this Wednesday, May 27. we are sure that you and your staff appreciate the iunportance of allowing a proper amount of time to develop such plans, just the same as you would take in developing city proposals for the use of such land. 6';l SOUTH CONCORD STREE a SVITE 400 lk SOUTH SAINT PAUL, MINNESOTA 55075 s 6 45 -r83 a FAx: 612- 450 -7384 MAY, -207' 98 (WED) 09:32 LEVANDER,GILLEN&MU TEL 6I2 450 1384 P. 003 Mr. Tom Melena Page Z May 27, 199 8 Along that line, let me express my surprise and mild disappointment that we were confronted on fairly short notice with a reconunendation at the last meeting we attended, that a public hearing be held to rezone the property without any prior input from the property owner. That was particularly disappointing to me because of my understanding from you and your staff that we would have additional discussions on the previously proposed B3 zoning before council action, much less an entirely new proposal which carne "out of the blueg' _ While there was only a cursory memo at the Council Meeting that evening it appears that the proposal for office warehouse use was being generated by the City's economic development consultant without any supporting infon nation to justify the change. The frequent and repeated comments outside of the meeting from various staff people were that a change was being proposed to further assuage the concerns of the Au turrm Ridge residents. we certainly can sympathize with your interest in making land uses compatible in your City, but the objections of adjacent landowners cannot serve as the basis for changing or denying the long anticipated zoning of this property, upon which substantial fuiancial investment has been based. As we have stated earlier and repeatedly, we are appreciative and =Ious for the opportunity to engage in discussions that would result in the most compatible uses possible for this site. We believe that the artificial time Iines that are being imposed are inappropriate and we respectfully request that staff determination on these matters be deferred until the property owner is able to provide planning and other professional, input to the process. )While Y am always reluctant to `sound like a lawyer' on these land use matters, it would appear to me that if the Ciry were to proceed without reasonable opportunity for input from the property owner and without any substantial basis for what appears to be a proposed action, it would be a due process problem, as well as arbitrary and capricious action. Our sense is that the City Council and staff is interested in working with the property owner to help develop compatible uses in this area., and we share that objective. It is for that reason., and that reason only, that we respectfully request that further action on this matter be deferred for thirty (30) days until the landowner can develop at least preliminary planing concepts regarding the property. Finally, let me respectfully request that any further meetings, where this matter will be discussed, be open to the property owner and that proper notice be given. MAY,- 27'981WED1 09.33 LEIiANDFO G16LEN &MLR. TEL:612 J�O 1384 P. 004 Mr. Tom Melena Page 3 May 27, 1998 If you have an further questions regarding this matter, please feel free to contact Ve y urs, Rollin H. Crawford FZHC_cj c: Mayor and City Council Mark Vierling, City Attorney Scott Richards Joe Anderlilk